Madras High Court
A.Mohammed Nazir vs K.Senthilnathan on 4 November, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
C.M.A.No.3787 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.3787 of 2019
A.Mohammed Nazir ... Appellant
Vs.
1.K.Senthilnathan
2.The Manager
United India Insurance Co. Ltd.,
Silingi Building,
No.134, Greams Road,
Chennai – 600 006. ... Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to enhance the award and decree made in
M.C.O.P.No.3492 of 2016 dated 07.08.2018 on the file of the Motor
Accidents Claims Tribunal, Special Sub-Judge I, Chennai, by awarding
a compensation of Rs.1,55,250/- and allow this CMA by enhancing the
Additional compensation of Rs.5,00,000/-.
For Appellant : Mr.A.A.Venkatesan
For Respondents : R1 – NRN
Mr.D.Baskaran for R2
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.3787 of 2019
JUDGMENT
This appeal has been filed against the judgment and decree
dated 07.08.2018 passed by the Motor Accidents Claims Tribunal,
Special Sub-Judge I, Chennai, in M.C.O.P.No.3492 of 2016.
2.The learned counsel appearing for the appellant submitted that
on 20.03.2016, at about 15.00 hours, the appellant was travelling as a
passenger in a cycle rickshaw along the T.H.Road, near Tondiarpet
Manikoondu from South to North direction. At that time, a motor cycle
bearing Registration No.TN 07 AS 0504 owned by the first respondent
and insured with the second respondent came in a rash and negligent
manner and dashed against the cycle rickshaw, due to which, the
appellant sustained injuries.
3.The learned counsel appearing for the appellant further
submitted that thereafter, the injured claimant/ appellant filed claim
petition before the Tribunal, claiming compensation of Rs.10 Lakhs.
After adjudication, the Motor Accidents Claims Tribunal awarded a sum
of Rs.1,55,250/- with interest at the rate of 7.5% p.a. from the date of
filing of the claim petition i.e., 13.06.2016 till the date of realisation
and costs and directed that the second respondent to deposit the
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compensation. Aggrieved by the same, the appellant claimant has
filed this appeal for enhancement in compensation.
4.The learned counsel appearing for the appellant further
submitted that the appellant has filed this appeal questioning the
quantum of compensation awarded by the Tribunal. The learned
counsel further submitted that the Doctor has assessed the disability of
the claimant as 30%, however, the Tribunal fixed the disability at 20%
and awarded a sum of Rs.3,000/- per percentage of disability which is
not sustainable one and further submitted that the compensation
awarded under the other heads also are meagre. The learned counsel
further submitted that this Court vide order dated 18.07.2024 directed
the appellant to appear before the Kilpauk Medical College Hospital,
Kilpauk, Chennai for medical examination, pursuant to which, the
appellant appeared before the Kilpauk Medical College Hospital,
Kilpauk, Chennai and the Doctor has assessed his disability as 9%
permanent disability and hence, this Court may award compensation
by applying the multiplier method.
5.The learned counsel appearing for the second respondent
Insurance Company submitted that the Medical Board has assessed the
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disability at 9% and hence, this Court may reduce the amount awarded
towards disability from Rs.60,000/- to Rs.27,000/- and further
submitted that the amount awarded by the Tribunal under the other
heads are just and reasonable.
6.Heard the learned counsel appearing for the appellant claimant
as well as the learned counsel appearing for the second respondent
Insurance Company and perused the materials available on record.
7.This appeal has been filed only questioning the quantum of
compensation awarded by the Tribunal. Hence, there is no need for
any discussion with regard to negligence aspect. The tribunal after
elaborately discussing the factual aspects awarded a sum of
Rs.60,000/- for disability, Rs.25,000/- for pain and sufferings,
Rs.15,000/- for extra nourishment, Rs.5,000/- for transportation,
Rs.6,250/- for attender charges, Rs.24,000/- for loss of earnings,
Rs.20,000/- for loss of future prospectus and arrived at a total
compensation of Rs.1,55,250/- with interest at the rate of 7.5% p.a.
from the date of filing of the claim petition till the date of realisation.
8.Admittedly, before the Tribunal, the Doctor has assessed the
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disability of the appellant claimant as 30%, however, the Tribunal fixed
the disability at 20% and awarded a sum of Rs.3,000/- per percentage
of disability. This Court vide order dated 18.07.2024 directed the
appellant to appear before the Kilpauk Medical College Hospital,
Kilpauk, Chennai for medical examination, pursuant to which, the
appellant has appeared before the Kilpauk Medical College Hospital,
Kilpauk, Chennai and the Doctor has assessed his disability as 9%
permanent disability. Since the disability suffered by the appellant is a
permanent disability, compensation has to be awarded by applying the
multiplier method.
9.The claimant claim that he was working as a coolie in private
steel foundary, self employed and was earning Rs.15,000/- per month.
Hence, this Court fix Rs.14,000/- as the monthly income of the
claimant. The age of the claimant at the time of the accident is 60 and
hence the correct multiplier to be adopted is 7. Accordingly, the
amount awarded towards disability works out to Rs.1,05,840/-
[Rs.14,000/- X 12 X 7 X 9%].
10.This Court is of the opinion that the amount awarded under
the head pain and sufferings, extra nourishment, attender charges, in
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the opinion of this Court are low and this Court is inclined to enhance
the amount awarded under the said heads. Accordingly, the amount
awarded for pain and sufferings is enhanced to Rs.50,000/- from
Rs.25,000/-, the amount awarded for extra nourishment is enhanced
to Rs.25,000/- from Rs.15,000/- and the amount awarded for attender
charges is enhanced to Rs.20,000/- from Rs.6,250/-. The amount
awarded under the head transportation is confirmed. The amount
awarded under the other heads, in the opinion of this Court are not
necessary and the same are deleted.
11.Accordingly, the compensation amount is re-assessed as
follows:
S.No. Description Amount Awarded Amount Awarded
by the Tribunal by this Court
1. Disability Rs.60,000/- Rs.1,05,840/-
2. Pain and sufferings Rs.25,000/- Rs. 50,000/-
3. Extra nourishment Rs.15,000/- Rs. 25,000/-
4. Transportation Rs. 5,000/- Rs. 5,000/-
5. Attender charges Rs. 6,250/- Rs. 20,000/-
6. Loss of earnings Rs.24,000/- ---
7. Loss of Future prospects Rs.20,000/- ---
Total Rs.1,55,250/- Rs.2,05,840/-
12.The appellant claimant is entitled to total compensation of
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Rs.2,05,840/- along with interest at the rate of 7.5% p.a. from the
date of filing of the claim petition till the date of realisation.
13.The civil miscellaneous appeal is partly allowed. The
judgment and decree dated 07.08.2018 passed by the Motor Accidents
Claims Tribunal, Special Sub-Judge I, Chennai, in M.C.O.P.No.3492 of
2016, is modified to the above extent.
14.The second respondent Insurance Company is directed to
deposit the modified/ enhanced award amount before the Tribunal
within a period of six weeks from the date of receipt of a copy of this
judgment, less the amount if any, already deposited. On such deposit
being made, the appellant/ claimant is permitted to withdraw the
modified/ enhanced award amount, along with accrued interest and
costs, after deducting the amount already withdrawn, if any, on
making proper and necessary application before the Tribunal.
15.The appellant/ claimant shall not be entitled to any interest
for the period of delay, if any, in filing the appeal. The appellant/
claimant is directed to pay the requisite Court fee for the enhanced
compensation amount, if required. The Motor Accidents Claims
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M.DHANDAPANI,J.
pri
Tribunal, Special Sub-Judge I, Chennai, shall disburse the
compensation amount upon production of certified copy showing proof
of payment of Court fee by the appellant/ claimant.
16.The civil miscellaneous appeal is partly allowed. No costs.
04.11.2024
pri
Index: Yes/ No
Speaking Order: Yes/ No
NCC: Yes/ No
To
1.The Motor Accidents Claims Tribunal,
Special Sub-Judge I, Chennai.
04.11.2024
https://www.mhc.tn.gov.in/judis
