Madras High Court
Manibharathi vs K.Rajesh on 3 October, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.1025 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.1025 of 2023
Manibharathi ... Appellant
vs.
1. K.Rajesh
2. The Branch Manager,
New India Assurance Co. Ltd.,
128-a, Thiru.Vi.Ka.Road,
Villupuram. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 14.02.2023 in
M.C.O.P.03/2021 on the file of the Motor Accident Claims Tribunal,
Principal Sub Court, Kallakurichi.
For Appellant : Mr.M.Manoharan
For R2 : Mr.S.Dhakshinamoorthy
JUDGMENT
The appellant is the claimant in M.C.O.P.03/2021 on the file of
the Motor Accident Claims Tribunal, Kallakurichi. He filed the claim
petition under Section 166(1) of the Motor Vehicles Act, 1988 seeking
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compensation of Rs.15,00,000/- for the injuries sustained by him in a road
accident that happened on 20.10.2018.
2. The brief case of the appellant / claimant is as follows :
On 20.10.2018, the claimant was travelling as a pillion rider in a
two-wheeler bearing Registration number TN-32-E-5477 on Kallakurichi -
Kachirapalayam main road and at about 12.15 p.m., when he was nearing
Kuthiraichandal, a speeding car bearing Registration number TN 09 AT
9245, came in the opposite direction and hit the two wheeler driven by the
claimant, as a result of which, he sustained injuries all over his body. He
was immediately rushed to the Government hospital, Kallakurichi from
where he was referred to Government Hospital, Salem.
3. According to the claimant, the rash and negligent driving of
the driver of the car bearing Registration number TN 09 AT 9245 was the
cause of the accident and that since the said vehicle was insured with the
second respondent, the New India Assurance Company Limited, the
owner and the insurer are jointly and severally liable to pay compensation
to him.
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4. In the Tribunal, the owner of the vehicle remained absent and
was set exparte. The second respondent resisted the claim petition on all
the grounds available to the insurer under Section 170 of the Motor
Vehicles Act.
5. The Tribunal, after analysing the evidence on record, fastened
negligence on the part of the driver of the car and further held that the
liability of the owner of the car and the Insurer is joint and several and that
they should pay compensation of Rs.8,71,700/- together with interest at
the rate of 7% per annum from the date of petition till the date of
realisation, vide its orders dated 14.02.2023.
6. Aggrieved over the quantum of compensation awarded by the
Tribunal, the appellant / claimant has filed the present appeal under
Section 173 of the Motor Vehicles Act.
7. Heard Mr.M.Manoharan, learned counsel appearing for the
appellant and Mr.S.Dhakshinamoorthy, learned counsel for the second
respondent.
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8. Mr.M.Manoharan, learned counsel appearing for the appellant
contended that the compensation awarded by the Tribunal does not
commensurate with the injuries sustained by the claimant. He therefore
prayed for enhancement of the same.
9. Per contra Mr.S.Dhakshinamoorthy, learned counsel
appearing for the second respondent contended that the Award passed by
the Tribunal is based on the well laid principles of law which were in
vogue at the time of passing of the order and therefore, the same need not
be disturbed at this stage.
10. A perusal of the medical records shows that the claimant had
suffered fracture on his temporal bone, clavical bone and tibia. The
Medical Board attached to the Government Hospital, Villupuram assessed
the partial permanent disability of the claimant as 60%. According to the
claimant, he was running a Salon, earning a sum of Rs.25,000/- per month.
However, no acceptable evidence was adduced by the claimant to
substantiate his contention that he was running a Salon. Hence, a sum of
Rs.12,000/- is fixed as notional monthly income of the deceased. On
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account of the injuries, the claimant would have been out of action atleast
for three months and therefore a sum of Rs.36,000/- (12,000 X 3) is
awarded towards loss of income. A perusal of the disability certificate
shows that the claimant has not sustained any functional disability
warranting this Court to adopt multiplier method. In the circumstances, a
sum of Rs.7,000/- is fixed per percentage of partial permanent disability
and a sum of Rs.4,20,000/- (60 x 7000) is awarded for 60% of partial
permanent disability. The following tabular column would show the
award passed by the Tribunal and the modified compensation awarded by
this Court:
S.No. Heads Amount awarded Award of this
by the Tribunal Court
1 Partial Permanent Rs.4,00,000/- Rs.4,20,000/-
Disability (80X5,000) (60X7,000)
2 For Loss of income for Nil Rs.36,000/-
three months (12,000 X 3)
3 Medical expenditure Rs.4,21,702/- Rs.4,21,702/-
4 Pain and sufferings Rs.25,000/- Rs.25,000/-
5 Attender charges Rs.10,000/- Rs.10,000/-
6 For nutrition and food Rs.10,000/- Rs.10,000/-
7 For Transport expenses Rs.5,000/- Rs.10,000/-
8 Total Rs.8,71,702/- Rs.9,32,702/-
round off round off
Rs.8,71,700/- Rs.9,32,700/-
11. Thus, the compensation awarded by the Tribunal is
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enhanced to Rs.9,32,700/- that would carry interest at the rate of 7.5% per
annum.
12. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.9,32,700/-.
iii. The appellant / claimant is directed to pay court fee for the
enhanced compensation amount, if any, within a period of four
weeks from the date of this order and the Registry is directed to
draft the decree only after receipt of the Court fee.
iv. The liability of the first respondent (owner) and the second
respondent (the New India Assurance Company Limited) is joint
and several and the second respondent, the New India Assurance
Company Limited is directed to deposit the enhanced award amount
i.e. Rs.9,32,700/- (less the amount already deposited) together with
interest at the rate of 7.5% per annum from the date of claim
petition till the date of deposit within a period of four weeks from
the date of receipt of a copy of this order / uploading of this order to
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the credit of M.C.O.P.03/2021 on the file of the Motor Accidents
Claims Tribunal, Principal Sub Court, Kallakurichi.
v. On such deposit being made the appellant, claimant is permitted to
withdraw the same with accrued interest and costs, after following
due process of law.
03.10.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
To
1.The Motor Accidents Claims Tribunal,
Principal Sub Court, Kallakurichi.
2.The Section Officer, VR Section,
Madras High Court, Chennai.
R.HEMALATHA, J.
https://www.mhc.tn.gov.in/judis
vum
03.10.2024
https://www.mhc.tn.gov.in/judis
