Madras High Court
U. Nandakumar vs K. Balaji on 23 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2749 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2749 of 2024
U. Nandakumar .... Appellant
vs.
1. K. Balaji
2. M/s. United India Insurance Company Limited
Sillingi Building, 4th Floor,
No.134, Greams Road, Chennai 600 006. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 20.07.2023 in
M.C.O.P.5108/2018 on the file of the Motor Accident Claims Tribunal,
Special Sub Court No.1, Small Causes Court, Chennai.
For Appellant : Mr. K. Balaji
R1 : No appearance
For R2 : Mr. K. Swaminathan
1/9
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CMA.No.2749 of 2024
JUDGMENT
The appellant is the claimant in M.C.O.P.5108/2018 on the file
of the Motor Accident Claims Tribunal, Special Sub Court No.1, Small
Causes Court, Chennai, and he filed the claim petition under Section 166
of the Motor Vehicles Act, 1988 and Rule 3 of M.A.C.T Rules, seeking
compensation of Rs.15,00,000/- for the injuries sustained by him in a road
accident that occurred on 24.02.2018.
2. The case of the claimant is that on 24.02.2018, he was riding
his motorcycle bearing Registration Number TN 01 S 8076 on
Mambakkam Main Road, Kovilanchery, Chennai and at about 9.00 hours,
a speeding lorry bearing Registration Number TN-25-AV-2316,
belonging to the first respondent, hit his two wheeler as a result of which
he fell down and sustained injuries all over his body. He was immediately
rushed to a hospital.
2.1. According to the claimant, the rash and negligent driving
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of the driver of the lorry bearing Registration Number TN-25-AV-2316
was the cause of the accident and that since the said lorry was insured
with the second respondent, the United India Insurance 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 lorry 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 driver of the lorry bearing
Registration Number TN-25-AV-2316 and directed the second respondent
Insurance company to pay compensation of Rs.2,21,000/- to the 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 lorry and the insurer 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.K. Swaminathan, learned counsel appearing for the
second respondent/Insurance Company.
7. Mr.K. Balaji, learned counsel appearing for the appellant
contended that the Award passed by the Tribunal is not commensurate
with the injuries sustained by the claimant. He, therefore, prayed for
enhancement of compensation.
8. Per contra, Mr.K. Swaminathan, 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
fracture on his right shoulder. The Medical Board attached to
Government Royapettah Hospital, Chennai, assessed the partial
permanent disability of the claimant as 30%. Since there is no functional
disability, the Tribunal awarded a sum of Rs.1,50,000/- towards partial
permanent disability by fixing a sum of Rs.5,000/- per percentage of
disability. The claimant was aged 23 years on the date of accident.
Considering the age of the claimant and the year of accident, a sum of
Rs.7,000/- per percentage of disability is awarded. Hence, a sum of
Rs.2,10,000/- is awarded towards partial permanent disability.
9.1. According to the claimant he was working as an
Accountant in a private concern earning a sum of Rs.12,000/- per month.
In the absence of satisfactory income proof, the Tribunal fixed the
notional monthly income of the claimant as Rs.11,000/- and awarded a
sum of Rs.22,000/- (11,000x2) towards loss of income. The accident took
place in the year 2018 and in the circumstances, fixing the notional
monthly income of the claimant as Rs.12,000/- would meet the ends of
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justice. On account of the accident, the claimant would have been out of
action atleast for three months and therefore, a sum of Rs.36,000/-
(12,000x3) 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 1,50,000/- 2,10,000/-
disability (30x5000) (30x7000)
2. Pain and sufferings 25,000/- 50,000/-
3. Transportation 4,000/- 5,000/-
4. Extra nourishment 10,000/- 10,000/-
5. Loss of earnings 22,000/- 36,000/-
(11,000x2) (12,000x3)
6. Loss of amenities 10,000/- 10,000/-
Total 2,21,000/- 3,21,000/-
9.3. Thus, the compensation awarded by the Tribunal is
enhanced to Rs.3,21,000/- that would carry interest at the rate of 7.5%
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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.3,21,000/-.
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 United India Insurance Company
Limited, Chennai, is directed to deposit the enhanced compensation
amount of Rs.3,21,000 /- (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
M.C.O.P.5108/2018 on the file of the Motor Accident Claims
Tribunal, Special Sub Court No.1, Small Causes Court, Chennai,
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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.
23.10.2024
Index : Yes/No
Speaking/Non-speaking order
bga
To
1. Motor Accident Claims Tribunal,
Special Sub Court No.1, Small Causes Court, Chennai
2. M/s. United India Insurance Company Limited
Sillingi Building, 4th Floor,
No.134, Greams Road, Chennai 600 006.
2. The Section Officer, VR Section, Madras High Court, Chennai.
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R.HEMALATHA, J.
bga
23.10.2024
https://www.mhc.tn.gov.in/judis
