Madras High Court
T.Devasagayam vs Varun Prakash on 21 October, 2024
C.M.A.(MD)No.1488 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 21.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A(MD)No.1488 of 2016
T.Devasagayam ...Appellant/Petitioner
Vs.
1.Varun Prakash
2.National Insurance Company Limited,
Rep. By its Divisional Manager,
No.3, Middleton Street,
Post Box No.9229,
Kolkatta ...Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and award dated
09.12.2014 passed in M.C.O.P.No.37 of 2014 on the file of the Motor
Accident Claims Tribunal, (Chief Judicial Magistrate), Sivagangai
For Appellant : M/s.J.John
For R1 : Mr.D.Muruganantham
For R2 : Mr.D.Sivaraman
https://www.mhc.tn.gov.in/judis
Page No.1 of 6
C.M.A.(MD)No.1488 of 2016
JUDGMENT
The instant appeal has been filed by the claimants seeking
enhancement of compensation.
2. Since the findings on negligence and liability are not under
challenge, the facts leading to the filing of the claim petition are
unnecessary for the disposal of this appeal.
3. The learned counsel for the appellant submitted that though the
appellant established before the Tribunal that he has suffered several
injuries and was working as a driver abroad, the Tribunal has fixed a
meagre notional income of Rs.5000/-; that the Tribunal has not awarded
any amount under the heads of loss of amenities, pain and suffering and
towards future medical expenses; that the Tribunal awarded only
Rs.2000/- for a percentage of disability and prayed for enhancement of
compensation.
4. The learned counsel for the second respondent, per contra,
submitted that the award is just and reasonable and no interference is
called for.
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5. The only point for consideration in the instant appeal is as
follows:
''Whether the quantum of compensation awarded by
the Tribunal is just and reasonable''.
6.The accident took place in the year 2012. The appellant had
established that he was working as a driver. However, he could not
provide proof for the exact income earned by him. He has produced Ex.P.
7 driving licence to prove his avocation. Considering the year of the
accident and the age of the appellant, this Court is of the view that
Rs.8000/- can be fixed as notional income. The evidence suggests that
the appellant could not pursue his avocation for six months. Hence, the
compensation under the head loss of income has to be (Rs.8000X6)
Rs.48,000/-. The appellant had suffered a fracture in the left thigh. He
has undergone a surgery and had spent Rs.1,37,661/- towards medical
expenses, which was awarded by the Tribunal. However, the Tribunal,
after noting that a plate and a screw were fixed during surgery, had not
awarded any compensation towards future medical expenses. This Court
is of the view that future medical expenses for removal of the plate
cannot be ruled out and hence a sum of Rs.30,000/- can be awarded
under the said head. The Tribunal had not awarded any compensation
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under the head pain and suffering. This Court is of the view that a sum of
Rs.25,000/- can be awarded towards pain and suffering. The
compensation of Rs.20,000/- awarded under the head special
compensation is set aside. Instead, Rs.20,000/- is awarded under the head
loss of amenities. The compensation awarded under heads transport
expenses and extra nourishment is enhanced to Rs.10,000/- each. Since
the accident took place in the year 2012, Rs.3000/ can be awarded for a
percentage of disability. Hence, the compensation under the head
'disability' is enhanced to Rs.1,17,000/-. The point is answered
accordingly. Thus, the compensation is modified as follows:
Sl. Heads of Amount Amount Award
No. Compensation awarded by awarded by confirmed
Tribunal this Court or
(Rs.) (Rs.) enhanced
or granted
1. Loss of income 30,000.00 48,000.00 Enhanced
2. Transport Expenses 2,000.00 10,000.00 Confirmed
3. Nourishment 5,000.00 10,000.00 Enhanced
4. Damages to clothes 2,000.00 2,000.00 Confirmed
5. Disability at 39% 78,000.00 1,17,000.00 Enhanced
6. Medical Bills 1,37,661.00 1,37,661.00 Confirmed
7. Special 20,000.00 Nil Deleted
Compensation
8. Loss of amenities Nil 20,000.00 Granted
9. Pain and suffering Nil 25,000.00 Granted
10. Future Medical Nil 30,000.00 Granted
Expenses
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Sl. Heads of Amount Amount Award
No. Compensation awarded by awarded by confirmed
Tribunal this Court or
(Rs.) (Rs.) enhanced
or granted
Total : 2,74,661.00 3,99,661.00 Enhanced
7. The 2nd respondent Insurance Company shall deposit the
modified compensation amount with interest at the rate of 7.5% from the
date of petition till the date of deposit, after deducting the amount already
deposited, within a period of four weeks from the date of receipt of a
copy of this judgement. On such deposit, the appellant is permitted to
withdraw the amount by filing a suitable application before the Tribunal.
8. In fine, this appeal is partly allowed. No costs. Consequently,
the connected miscellaneous petition is closed.
21.10.2024
Index : Yes / No
Neutral Citation : Yes / No
CM
To
1. The Motor Accident Claims Tribunal, (Chief Judicial Magistrate),
Sivagangai
2. The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,Madurai.
https://www.mhc.tn.gov.in/judis
SUNDER MOHAN, J.
CM
Judgment made in
21.10.2024
https://www.mhc.tn.gov.in/judis
