Madras High Court
M.Muthuvel vs P.Natarajan on 8 January, 2024
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.1766 of 2021
M.Muthuvel ... Appellant
Vs.
1.P.Natarajan
2.The National Insurance Company Limited,
Divisional Office No.II,
Balaji Towers,
Ramakrishna Road,
Salem 636 007. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgement and decree dated
25.09.2018, in M.C.O.P.No. 2128 of 2016, on the file of the Motor
Accidents Claims Tribunal, (Special Subordinate Judge No.2), Salem.
For Appellant : Mr.C.Thangaraju
For R1 : No appearance
For R2 : Mr.S.Vadivelu
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2
JUDGMENT
The Appeal has been filed against the award dated 25.09.2018
made in M.C.O.P.No.2128 of 2016 on the file of the Motor Accident Claims
Tribunal Judge /Special Subordinate Judge No.2, Salem.
2.The claim Petitioner is the Appellant herein. For the sake of
convenience, the parties are referred to as per their ranking before the trial
Court.
3.The claim Petitioner filed the petition before the Tribunal
seeking compensation for the injuries sustained by him in the road traffic
accident occurred on 05.08.2016.
4.During the trial, on the side of the claim Petitioner, PW1 was
examined, Exs.P1 to Ex.P.9 were marked. D.W.1 and D.W.2 were
examined, Exs.R1 and R2 were marked on the side of the Respondents.
On the evidence side, Ex.E1 and E2 were marked and court exhibit was
Ex.C1 marked.
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5. Upon considering both the oral and documentary evidence, the
Tribunal has awarded a sum of Rs.2,86,076/- with interest at the rate of
7.5% per annum. Aggrieved by the same and seeking enhancement, the
claim petitioner has preferred this Appeal.
6.Heard the learned counsel for the claim Petitioner/Appellant and
the learned counsel for the 2nd Respondent.
7. The factum of the accident, manner of the accident, rash and
negligent driving on the part of the driver of the 1st Respondent's vehicle,
insured with the 2nd Respondent, are not under challenge in this Appeal.
Accordingly, the findings rendered by the Tribunal that the accident took
place due to the rash and negligent driving of the driver of the 1 st
Respondent's vehicle, insured with the 2nd Respondent, are hereby
confirmed.
8. The petitioner was admitted in the Kamala Hospital, Salem as
inpatient from 06.08.2016 to 11.08.2016 and at the time of accident, he
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worked as a coolie. After treatment, he was discharged and he has filed the
claim petition seeking compensation. The claim petitioner was referred to
Medical Board and the disability certificate is marked as Ex.C1. As per the
disability certificate, the percentage of disability is fixed at 15%. As per the
judgment of the Hon'ble Supreme Court in 2010 (2) TN MAC 581 [Raj
Kumar Vs Ajay Kumar & another], the Tribunal has rightly reduced the
disability as to whole body at 7.5% and also taken that it resulted in
functional disability to the claim petitioner. By applying the ratio laid down
in Rajkumar's case, the Tribunal has adopted multiplier method and
accordingly, awarded a sum of Rs.1,51,200/- for 7.5% disability and hence
the same is confirmed.
9. Taking into consideration the period of treatment as
in-patient in hospital and in the interest of justice, the amount awarded by
the Tribunal at Rs.5,000/- for 'attender charges' is hereby enhanced to
Rs.7,500/-.
10. Furthermore, considering the nature of injuries, the
compensation awarded by the Tribunal towards Extra Nourishment, pain
and sufferings and transportation are hereby enhanced to Rs.7,500/-
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Rs.10,000/- and Rs.10,000/- respectively. The compensation awarded by
the Tribunal at Rs.10,000/- towards loss of amenities, Rs.1,06,876/-
towards medical expenses and Rs.500/- towards damages to clothes are
intact and hence the same are confirmed.
11. The break-up details of the compensation is as under :
Sl. Heads under which the Amount awarded by Amount awarded
No amount is awarded the Tribunal by this Court
1. Disability Rs. 1,51,200/- Rs.1,51,200/-
[7,500x12=90,000+36000
(40% of 90,000)x16x7.5%
2. Pain and Sufferings Rs. 5,000/- Rs. 10,000/-
3. Loss of amenities Rs. 10,000/- Rs. 10,000/-
4. Medical Expenses Rs. 1,06,876/- Rs. 1,06,876/-
5. Transport Expenses Rs. 2,500/- Rs. 10,000/-
6. Extra Nourishment Rs. 5,000/- Rs. 7,500/-
7. Attender charges Rs. 5,000/- Rs. 7,500/-
8. Damages to clothes Rs. 500/- Rs. 500/-
Total Rs. 2,86,076/- Rs. 3,03,576/-
In total, the claim Petitioner is entitled to a sum of Rs.3,03,576/-
(Rupees Three lakhs three thousand five hundred and seventy six only).
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12. In fine,
(i) this Civil Miscellaneous Appeal stands partly allowed,
enhancing the award amount from Rs.2,86,076/- to 3,03,576/- to the extent
indicated above, alongwith 7.5% interest per annum. No costs.
(ii) the 2nd Respondent/National Insurance Company Limited is
directed to deposit the enhanced award amount before the Tribunal, within
a period of eight weeks from the date of receipt of a copy of this order, less
the amount, if any already deposited.
(iii) on such deposit being made, the claim Petitioner/Appellant is
permitted to withdraw the entire enhanced award amount with accrued
interest and costs, less the award amount, if any, already withdrawn, by
filing necessary application before the Tribunal.
(iv) the claim Petitioner/Appellant is directed to pay the court fee,
if any, for the enhanced compensation amount and the Registry is directed
to draft the decree only after the receipt of Court fee.
(v) After perusing the order passed by the Tribunal, I find that on
the date of the accident, the driver of the offending vehicle does not possess
badge endorsement and accordingly the order for pay and recovery made by
the Tribunal is hereby confirmed. It is open to the Insurance Company to
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pay the compensation to the claim petitioner at the first instance and recover
the same from the first respondent / owner of the vehicle.
(vi) As per the order of this Court in C.M.P.No.3210 of 2021 in
CMA SR No.16012 of 2021, the claim petitioner is not entitled for interest
for the delayed period of 427 days in filing the appeal.
08.01.2024
nvi
Index : Yes/No
Speaking/Non-speaking order
To
1.The Motor Accident Claims Tribunal Judge /
(Special Subordinate Judge No.2), Salem.
2.The Section Officer,
V.R.Section,
High Court, Madras.
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RMT.TEEKAA RAMAN, J.
nvi
Judgment in
08.01.2024
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