Madras High Court
Abdul Sheik Dhawood vs K.V. Babu Sundaresan on 3 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.1465 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1465 of 2024
Abdul Sheik Dhawood .... Appellant
vs.
1. K.V. Babu Sundaresan
2. The United India Insurance Company Limited,
No.134, Greams Road,
Third Party Claims Office,
Chennai 600 006. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 22.08.2023 in
M.C.O.P.349/2018 on the file of the III Small Causes Court, Motor
Accidents Claims Tribunal, Chennai.
For Appellant : Ms. P. Pooja
for M/s. V. Mohan Choudary
R1 : Notice dispensed with
For R2 : Mr. S. Dakshinamoorthy
JUDGMENT
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The appellant is the claimant in M.C.O.P.349/2018 on the file of
the III Small Causes Court, Motor Accidents Claims Tribunal, Chennai,
and he filed the claim petition under Section 166(1) of the Motor Vehicles
Act, 1988 seeking compensation of Rs.11,00,000/- for the injuries
sustained by him in a road accident that took place on 20.08.2017.
2. The case of the claimant is that on 20.08.2017 he was riding
his motorcycle bearing Registration Number TN-13-H-2545 on Pari salai,
Chennai, and at about 10.15 hours, a van bearing Registration Number
TN-13- 9507, owned by the first respondent, came in the opposite
direction and hit his two wheeler, as a result of which he fell down and
sustained injuries all over his body. He was immediately rushed to the
hospital.
2.1. According to the claimant, the rash and negligent driving of
the driver of the van bearing Registration Number TN-13- 9507, was the
cause of the accident and that since the said vehicle was insured with the
second respondent, the United India Insurance Company Limited, the
owner and the insurer are jointly and severally liable to pay compensation
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to him.
3. In the Tribunal the first respondent, the owner of the vehicle,
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,
directed the second respondent Insurance Company to pay compensation
of Rs.1,93,000/- 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,
vide its orders dated 22.08.2023. The Tribunal also held that the liability
of the respondents are joint and several.
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 Ms. P. Pooja, learned counsel for the appellant and
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Mr.S. Dakshinamoorthy, learned counsel for the second respondent.
7. Ms. P. Pooja, learned counsel for the appellant contended that
the compensation awarded by the Tribunal is not commensurate with the
injuries sustained by the claimant. She therefore, prayed for enhancement
of compensation.
8. Per contra, Mr. D.Dakshinamoorthy, learned counsel
appearing for the second respondent/Insurance Company contended that
the Award passed by the Tribunal is based on the well laid down
principles of law which were in vogue at the time of passing of the order
and therefore, the same need not be disturbed.
9. In the claim petition it is stated that the claimant was doing
business of sales and service of watches earning a sum of Rs.30,000/- per
month. In the absence of income proof, the Tribunal fixed the notional
monthly income of the claimant as Rs.13,000/-. The accident took place
in the year 2017 and the notional monthly income fixed by the Tribunal is
perfectly in order.
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9.1. The claimant was aged 36 years on the date of accident and
the Discharge summary (Ex.P.3 and Ex.P4) shows that the claimant had
sustained medial tibial condyle fracture - left and healed left tibial
fracture with implant irritation and he was hospitalised as an inpatient
from 24.08.2017 to 28.08.2017 and thereafter from 16.05.2019 to
18.05.2019. The Regional Medical Board, Government Stanley Medical
College Hospital,Chennai, has issued the disability certificate (Ex.C1)
stating that the claimant had sustained partial permanent disability to an
extent of 15%. The Tribunal has awarded Rs.5,000/- per percentage of
disability since there was no functional disability. Considering the year of
accident, it is enhanced to Rs.7,000/- per percentage. The amount
awarded under 'loss of amenities' is enhanced from Rs.10,000/- to
Rs.20,000/-. Moreover, the claimant could not have attended to his
regular work for about 4 months. In the circumstances, a sum of
Rs.52,000/- (13,000x4) is awarded towards loss of earnings.
9.2. The following tabular column would show the amount
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awarded by the Tribunal and the enhanced amount awarded by this Court
under various heads.
S.No. Description Amount Amount
awarded by awarded by this
Tribunal (Rs.) Court (Rs.)
1. Disability 75,000/- 1,05,000/-
(15x5000) (15x7000)
2. Pain and sufferings 30,000/- 30,000/-
3. Transportation 4,000/- 5,000/-
charges
4. Medical expenses 34,555/- 34,555/-
5. Extra nourishment 10,000/- 10,000/-
6. Attender charges 2,400/- 5,000/-
7. Damages to clothes 1,000/- 1,000/-
8. Loss of amenities 10,000/- 20,000/-
9. Loss of earnings 26,000/- 52,000/-
(13,000 x 2) (13,000x4)
Total 1,92,955/- 2,62,555/-
Rounded off to
1,93,000/-
9.3. Thus, the compensation awarded by the Tribunal is
enhanced from Rs.1,93,000/- to Rs.2,62,555/- which would carry interest
at the rate of 7.5% per annum.
10. In the result,
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i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.1,93,000/- to Rs.2,62,555/-.
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,, is directed to deposit the enhanced compensation amount,
i.e., Rs.2,62,555/- (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.349/2018 on
the file of the III Small Causes Court, Motor Accidents Claims
Tribunal, Chennai, within a period of four weeks from the date of
receipt of a copy of this order.
v. On such deposit being made, the appellant/claimant is at liberty to
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withdraw the same, after following due process of law.
03.09.2024
Index : Yes/No
Speaking/Non-speaking order
bga
To
1. III Small Causes Court, Motor Accidents Claims Tribunal, Chennai
2. The United India Insurance Company Limited,
No.134, Greams Road,
Third Party Claims Office,
Chennai 600 006.
3. The Section Officer, VR Section, Madras High Court, Chennai.
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R.HEMALATHA, J.
bga
03.09.2024
https://www.mhc.tn.gov.in/judis
