Madras High Court
K. Sathish vs K. Govinthasamy on 29 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2613 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2613 of 2024
K. Sathish .... Appellant
vs.
1. K. Govinthasamy
2. M/s. New India Assurance Company Limited,
Motor Third Party claims Hub,
Bombay Mutual Building,
6th Floor, No.223, N.S.C. Bose Road,
Chennai 600 001. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 06.07.2024 in
M.C.O.P.224/2022 on the file of the Motor Accident Claims Tribunal,
III Court of Small Causes, Chennai.
For Appellant : Mr. K. Balaji
R1 : No appearance
For R2 : Mr.A. Salomi
1/9
https://www.mhc.tn.gov.in/judis
CMA.No.2613 of 2024
JUDGMENT
The appellant is the claimant in M.C.O.P.224/2022 on the file of
the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai,
and he filed the claim petition under Section 166 of the Motor Vehicles
Act, 1988 seeking compensation of Rs.42,00,000/- for the injuries
sustained by him in a road accident that occurred on 27.11.2021.
2. The case of the claimant is that on 27.11.2021, he was riding
his two wheeler bearing Registration number TN-19-AL-9050 on
Karunila-Singaperumal Koil Road and at about 20.45 hours, a speeding
two wheeler bearing Registration Number TN-19-BY-7049 hit the two
wheeler driven by the claimant as a result of which he fell down and
sustained injuries all over his body. He was immediately rushed to a
nearby hospital.
2.1. According to the claimant, the rash and negligent driving of
the rider of the two wheeler bearing Registration Number TN-19-BY-7049
was the cause of the accident and that since the said motorcycle was
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insured with the second respondent, the New India Assurance Company
Limited, Chennai, the owner and the insurer are jointly and severally
liable to pay compensation to him.
3. In the Tribunal the owner of the offending motorcycle
remained absent and was set ex parte. The second respondent
insurance company resisted the claim petition on all the grounds available
to the insurer under Section 170 of the Motor Vehicles Act.
4. The Tribunal, after analysing the evidence on record,
fastened negligence on the part of the rider of the two wheeler bearing
Registration Number TN-19-BY-7049 and directed the second
respondent Insurance Company to pay compensation of Rs.2,38,200/- to
the appellant/claimant together with interest at the rate of 7.5% per annum
from the date of the petition till the date of realisation. The Tribunal
further held that the liability of the owner of the offending motorcycle and
the insurance company is joint and several.
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5. Aggrieved over the quantum of compensation awarded by the
Tribunal, the claimant has filed the present appeal under Section 173 of
the Motor Vehicles Act, 1988.
6. Heard Mr. K. Balaji, learned counsel appearing for the
appellant and Mr.A. Salomi, learned counsel appearing for the second
respondent/Insurance Company.
7. Mr. K. Balaji, learned counsel for the appellant contended
that the compensation awarded by the Tribunal is not commensurate with
the injuries sustained by the claimant. He, therefore, prayed for
enhancement of the same.
8. Per contra,Mr.A. Salomi, learned counsel appearing for the
second respondent/Insurance Company contended that the Tribunal, after
analysing the evidence on record, had awarded just compensation and
therefore the same need not be disturbed in the present appeal.
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9. A perusal of the records shows that the claimant sustained
"Grade III crush injury right foot 2nd, 3rd, 4th, 5th meratarsal fracture with 2nd
3rd toe extensor tendon injuries". The Medical Board attached to the
Government Royapettah Hospital, Chennai, assessed the partial
permanent disability of the claimant as 25%. Since there is no functional
disability, the Tribunal awarded a sum of Rs.1,25,000/- towards partial
permanent disability by fixing a sum of Rs.5,000/- per percentage of
disability. The claimant was aged 34 years on the date of accident.
Considering the age of the claimant and the year of accident, a sum of
Rs.8,000/- per percentage of disability is awarded. Hence, a sum of
Rs.2,00,000/- is awarded towards partial permanent disability.
9.1. According to the claimant he was a welder by profession
earning a sum of Rs.25,522/- per month. The claimant, in order to
substantiate his income, has adduced statement of accounts (Ex.P10 and
Ex.P11) issued by the City Union Bank, which show that the claimant was
receiving a salary of around Rs.20,000/- per month. In the circumstances,
fixing the monthly income of the claimant as Rs.20,000/- would meet the
ends of justice. On account of the accident, the claimant would have
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been out of action atleast for six months and therefore, a sum of
Rs.1,20,000/- (20,000x6) is awarded towards loss of income.
9.2. The following tabular column would show the amount
awarded by the Tribunal and the amount awarded by this Court under
various heads.
S.No. Description Amount Amount
awarded by awarded by this
Tribunal (Rs.) Court (Rs.)
1. Partial permanent 1,25,000/- 2,00,000/-
disability (25x5000) (25x8000)
2. Pain and sufferings 20,000/- 50,000/-
3. Transportation 4,000/- 10,000/-
4. Medical expenses 49,600/- 49,600/-
5. Extra nourishment 10,000/- 20,000/-
6. Attender charges 3,600/- 10,000/-
7. Damages to clothes 1,000/- 1,000/-
8. Loss of amenities 10,000/- 10,000/-
9. Loss of income 15,000/- 1,20,000/-
(20000x6)
2,38,200/- 4,70,600/-
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9.3. Thus, the compensation awarded by the Tribunal is
enhanced to Rs.4,70,600/- that would carry interest at the rate of 7.5%
per annum.
10. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.4,70,600/-.
iii. The appellant / claimant is directed to pay court fee for the
enhanced compensation amount, if any, and the Registry is directed
to draft the decree only after receipt of Court fee.
iv. The second Respondent, the New India Assurance Company
Limited, Chennai, is directed to deposit the enhanced compensation
amount of Rs.4,70,600/- (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 to the credit of
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M.C.O.P.224/2022 on the file of the Motor Accident Claims
Tribunal, III Court of Small Causes, Chennai, within a period of
four weeks from the date of receipt of a copy of this order/uploading
of this order.
v. On such deposit being made, the appellant/claimant is at liberty to
withdraw the same, after following due process of law.
29.10.2024
Index : Yes/No
Speaking/Non-speaking order
bga
To
1. Motor Accident Claims Tribunal, III Court of Small Causes, Chennai
2. M/s. New India Assurance Company Limited,
Motor Third Party claims Hub,
Bombay Mutual Building,
6th Floor, No.223, N.S.C. Bose Road,
Chennai 600 001.
3. The Section Officer, VR Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
bga
29.10.2024
https://www.mhc.tn.gov.in/judis
