Madras High Court

Sowmiya vs Kumaravel on 19 September, 2023

CMA No. 2020 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2023

CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

Civil Miscellaneous Appeal No. 2020 of 2023

Sowmiya ... Appellant

Versus

1. Kumaravel

2. National Insurance Co. Ltd.,
No.66, Greams Road,
Chennai – 600 006. ...
Respondents

PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree dated
24.03.2023 made in M.C.O.P. No.5818 of 2019 on the file of the Motor
Accidents Claims Tribunal, Special Sub Court No.2, Small Causes Court,
Chennai.

For Appellant : Mr.Amar Dineshbhai Pandiya

For Respondents : Mr.J.Michael Viswasam (for R2)
R1-Ex parte

JUDGMENT

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CMA No. 2020 of 2023

The claimant has preferred the instant appeal challenging the

quantum of compensation.

2. The appellant filed the claim petition stating that on 22.06.2019

at about 18.30 hours, while she was walking on the PKV Maha Nagar

Road, near Kundrathur Vazhuthalamedu, a Crane bearing

Regn.No.TN20BT3369 came in a rash and negligent manner and dashed

against her, as a result of which, she sustained grievious injuries.

3. The 1st respondent remained ex parte before the tribunal. The

2nd respondent submitted that the accident did not take place due to the

negligence of the crane driver; that in any case, the compensation claimed

by the appellant was excessive and prayed for dismissal of the claim

petition.

4. The appellant examined herself as PW1 and marked Ex.P1 to

Ex.P18. The Disability Certificate issued by the Medical Board was

marked as Ex.C1. The respondents neither examined any witnesses nor

marked any document.

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CMA No. 2020 of 2023

5. The tribunal after considering the oral and documentary

evidence awarded a total compensation of Rs.8,79,400/- to the appellant.

6. The learned counsel for the appellant submitted that the

appellant had suffered functional disability and pursuant to the accident,

she was terminated by her employer and marked Ex.P15-Termination

Letter, to prove the same. The learned counsel therefore submitted that

the tribunal ought to have applied multiplier method in the circumstances

of the case and prayed for enhancement of the compensation.

7. Since the 1st respondent remained ex parte before the tribunal,

the learned counsel for the appellant made an endorsement to dispense

with notice to the 1st respondent and hence, notice to 1st respondent was

dispensed with.

8. Mr.Michael Visuvasam, learned counsel for the 2nd respondent-

Insurance Company per contra submitted that the award of the tribunal

is just and reasaonable. There is nothing on record to prove that the

appellant had suffered functional disability. Considering the nature of

injuries, the tribunal had rightly adopted percentage method to award https://www.mhc.tn.gov.in/judis

CMA No. 2020 of 2023

compensation and therefore, no interference is called for.

9. The only question in the instant appeal is whether the

compensation awarded by the tribunal is just and reasonable?

10. On perusal of the records and on hearing the submissions of

the learned counsel on either side, this Court finds that the appellant had

suffered the following injuries.

'Extensive degloving injury right foot and ankle, right medial malleolus fracture with bone loss' The appellant was examined by the Medical Board and the Medical

Board assessed the disability at 40% and observed that it was a

locomotive disability of the right lower limb and post traumatic sequelae

at right foot.

11. The appellant had not examined the employer and marked only

Ex.P15-Termination Letter. Considering the fact that the appellant was

working as an Accountant in a private concern, it cannot be held that she

had suffered total loss of earning capacity. However, considering the

nature of injuries and the assessment made by the Medical Board, this

Court is of the view that she would have suffered functional disability to

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CMA No. 2020 of 2023

the extent of 10%. Therefore, the appellant is entitled to compensation by

applying multiplier method.

12. The appellant had produced Ex.P14-Salary slip which was

accepted by the tribunal, to hold that the appellant was earning

Rs.26,000/- per month at the time of the accident. Thus, the

compensation under the head disability would be

Rs.26000/- x 12 x 16 x 10/100 = Rs.4,99,200/-

13. Further, considering the fact that the appellant has taken

treatment for 15 days from 22.06.2019 to 06.07.2019 in Dr.Rela Institute

& Medical Centre, Chennai and also the nature of injury, the award of

Rs.30,000/- towards Pain and Sufferings is enhanced to Rs.50,000/-;

Similarly, the award of Rs.4,000/-, Rs.10,000/- and Rs.4,500/- under the

heads Transportation, Extra Nourishment and Attender Charges are

enhanced to Rs.10,000/-, Rs.15,000/- and Rs.10,000/- respectively.

14. The award under the other heads are just and reasonable and

the same are confirmed. Thus, the award of the Tribunal is modified as

follows;

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                                                                                CMA No. 2020 of 2023


                       S.            Description          Amount      Amount      Award
                       No                                awarded by awarded by confirmed or
                                                          Tribunal   this Court enhanced or
                                                            (Rs)        (Rs)      granted
                        1. Disability                       2,00,000    4,99,200     Enhanced
                        2. Pain and Sufferings                30,000       50,000    Enhanced
                        3. Transportation                      4,000       10,000    Enhanced
                        4. Medical Expenses                 4,76,898     4,76,898    Confirmed
                        5. Extra Nourishment                  10,000       15,000    Enhanced
                        6. Attender Charges                    4,500       10,000    Enhanced
                        7. Loss of Earnings                 1,04,000     1,04,000    Confirmed
                        8. Loss of Amenities                  50,000       50,000    Confirmed
                              Total                         8,79,398    12,15,098 Enhanced by
                              Rounded off to                8,79,400    12,15,100 Rs.3,35,700/-

15.With the above modification, this Civil Miscellaneous Appeal

is partly allowed and the compensation awarded by the Tribunal at

Rs.8,79,400/- is hereby enhanced to Rs.12,15,100/- together with interest

at 7.5% per annum (excluding the default period if any) from the date of

petition till the date of deposit. The respondent is directed to deposit the

award amount now determined by this Court along with interest and

costs, less the amount already deposited, if any, within a period of six (6)

weeks from the date of receipt of copy of this Judgment. On such deposit,

the appellant is permitted to withdraw the entire amount with

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CMA No. 2020 of 2023

proportionate interest and costs, less the amount if any, already