Madras High Court
N.Dhinakaran vs M/S.Sundaram Fasteners Limited on 4 September, 2024
Author: R. Hemalatha
Bench: R. Hemalatha
C.M.A.No.2287 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
CMA.No.2287 of 2024
N.Dhinakaran ...Appellant
.Vs.
1.M/s.Sundaram Fasteners Limited,
No.98A, Radhakrishnan Salai,
Mylapore, Chennai – 600 004.
2.United India Insurance Company Limited,
Silingi Building, 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 11.10.2023 in
M.C.O.P.2629 of 2020 on the file of the Motor Accidents Claims Tribunal,
III Small Causes Court, Chennai.
For Appellant : Mr.Amar D.Pandiya
For R1 : Ms.Nilani Clarie.N
for M/s. Agam Legal
For R2 : Ms.R.Rathnathara
1/10
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C.M.A.No.2287 of 2024
JUDGMENT
The appellant is the claimant in M.C.O.P.2629 of 2020 on the file
of the Motor Accidents Claims Tribunal, III Small Causes Court, Chennai.
He filed the claim petition under Section 166 of the Motor Vehicles Act,
1988 seeking compensation of Rs.15,00,000/- for the injuries sustained by
him in a road accident that took place on 28.09.2020.
2. The brief case of the claimant is as follows:
On 28.09.2020, the claimant was riding a motorcycle bearing
Registration Number TN-12-F-8862 on L.B. Road, Adyar, Chennai and at
about 9.55 hours, a speeding car bearing Registration Number TN-06-L-
5718 came in the opposite direction and hit the claimant, as a result of
which, the claimant sustained injuries all over his body. He was
immediately rushed to Fortis Malar Hospital, Chennai. After getting first
aid, he got himself admitted in Government Stanley Medical College
Hospital, Chennai, where he was treated as an inpatient for 12 days.
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3. According to the claimant, the rash and negligent driving of
the driver of the car bearing Registration Number TN-06-L-5718 belonging
to the first respondent was the cause of the accident and that since the said
car was insured with the second respondent, the United India Insurance
Company Limited, the owner of the car (first respondent) and the insurer
are jointly and severally liable to pay compensation to him.
4. In the Tribunal, the owner of the car remained absent and was
set ex parte. The second respondent, the United India Insurance Company
Limited contested 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 directed the second
respondent, Insurance Company to pay compensation of Rs.1,63,900/- to
the claimant together with interest at the rate of 7.5% per annum from the
date of petition till the date of realization, vide its orders dated 11.10.2023.
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6. 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.
7. Heard Mr.Amar D.Pandiya, learned counsel for the appellant,
Ms.Nilani Clarie.N, learned counsel for the first respondent and
Ms.R.Rathnathara, learned counsel for the second respondent.
8. Mr.Amar D.Pandiya, learned counsel for the appellant would
contend that though the claimant was a mason and the Medical Board had
assessed the partial permanent disability as 17%, a meagre amount of
Rs.85,000/- was awarded by the Tribunal towards disability. He would
further contend that as per the discharge summary (Ex.P3) issued by the
Government Stanley Medical College Hospital, Chennai, the claimant took
treatment as an in-patient from 28.09.2020 to 09.10.2020 and he sustained a
fracture on his right proximal tibia. He therefore contended that multiplier
method should be adopted in the instant case. He also pointed out that the
Tribunal awarded meagre amounts under other heads. He therefore prayed
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for overall enhancement of compensation.
9. Per contra, Ms.Nilani Clarie.N, learned counsel for the first
respondent and Ms.R.Rathnathara, learned counsel 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. The Medical Board attached to Government Stanley Medical
College Hospital, Chennai, has assessed the partial permanent disability of
the claimant as 17%. The Tribunal has awarded Rs.5,000/- per percentage
of disability since there was no functional disability. The disability
certificate does not speak about functional disability. The age of the
claimant was 40 years at the time of accident and the accident took place in
the year 2020. Considering the same, awarding Rs.7,000/- per percentage
would meet the ends of justice.
11. The Tribunal while awarding compensation under various
heads, has awarded sum of Rs.28,000/- towards "loss of income". A perusal
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of the discharge summary (Ex.P3) shows that the claimant took treatment as
an in-patient from 28.09.2020 to 09.10.2020 as he sustained fracture on his
right proximal tibia. In the facts and circumstances, the appellant would
not have been in a position to attend to his regular work atleast for four
months. Thus, a sum of Rs.56,000/- (14,000 x 4 = 56,000) is awarded
towards loss of income. The following tabular column would show the
amount awarded by the Tribunal and the enhanced amount awarded by this
Court under various heads.
S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
1. Disability 85,000/- 1,19,000/-
2. Pain and sufferings 10,000/- 20,000/-
3. Transportation 4,000/- 10,000/-
charges
4. Medical Expenses 12,299/- 12,299/-
5. Extra nourishment 10,000/- 10,000/-
6. Attender's charges 3,600/- 5,000/-
7. Damage to clothes 1,000/- 1,000/-
8. Loss of amenities 10,000/- 10,000/-
9. Loss earnings 28,000/- 56,000/-
TOTAL Rs.1,63,899/- Rs.2,43,299/-
rounded off to rounded off to
Rs.1,63,900/- Rs.2,43,300/-
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12. Thus, the compensation awarded by the Tribunal is enhanced
from Rs.1,63,900/- to Rs.2,43,300/- which would carry interest at the rate
of 7.5% per annum.
13. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.1,63,900/- to Rs.2,43,300/-.
iii. The appellant / claimant is directed to pay the court fee for the
enhanced compensation amount, if any, and the Registry is directed
to draft the decree only after the 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.2,43,300/- (less the amount already deposited) together with
interest at the rate of 7.5% per annum from the date of claim petition
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till the date of deposit to the credit of M.C.O.P.2629 of 2020 on the
file of the Motor Accidents Claims Tribunal, III Small Causes Court,
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
withdraw the same after following due process of law.
vi. The appellant / claimant is not entitled to claim any interest for the
period of delay of 58 days in filing this appeal.
04.09.2024
Index : Yes/No
Speaking / Non-speaking order
mtl
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To
1. The Motor Accidents Claims Tribunal,
III Small Causes Court, Chennai.
2. United India Insurance Company Limited,
Silingi Building, No.134, Greams Road,
Chennai – 600 006.
3.The Section Officer, VR Section, Madras High Court, Chennai.
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R. HEMALATHA, J.
mtl
04.09.2024
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