Madras High Court
Jothimani vs Mohanasundaram on 9 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2051 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2051 of 2024
Jothimani .... Appellant
vs.
1. Mohanasundaram
2. Archana
3. The Reliance General Insurance Company Limited,
Reliance Centre South Wing, 4th Floor,
Off. Western Express Highway Santacruz,
East Mumbai, Maharashtra 400 055.
4. The Reliance General Insurance Company Limited
408, Sakthi Supermarket Building, 3rd Floor,
Perundurai Road, Erode District 638 011. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 05.09.2023 in
M.C.O.P.137/2021 on the file of the Motor Accident Claims Tribunal,
Special Subordinate Court, Erode.
For Appellant : Mr. T.S.Arthanareeswaran
R1 & R2 : Notice dispensed with.
For R3 & R4 : Mr.P.Suresh Srinivasan
1/10
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CMA.No.2051 of 2024
JUDGMENT
The appellant is the claimant in M.C.O.P.137/2021 on the file
of the Motor Accident Claims Tribunal, Special Subordinate Court,
Erode, and she filed the claim petition under Section 166 of the Motor
Vehicles Act, 1988 seeking compensation of Rs.30,00,000/- for the
injuries sustained by her in a road accident that occurred on 13.06.2019.
2. The case of the claimant is that on 13.06.2019 she was
walking along Sathy -Koodakkarai Road and at about 7.45 a.m., an Alto
car bearing Registration Number TN-36-L-8271, belonging to the second
respondent, came in the opposite direction and hit her as a result of which
she fell down and sustained injuries all over her body. She was
immediately rushed to the hospital.
2.1. According to the claimant, the rash and negligent driving
of the driver of the Alto car bearing Registration Number TN-36-L-8271,
was the cause of the accident and that since the said car was insured with
the Reliance General Insurance Company Limited, the owner and the
insurer are jointly and severally liable to pay compensation to her.
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3. In the Tribunal the driver and the owner of the car
remained absent and were set ex parte. The 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, held
that the liability of the owner and the insurer are joint and several and that
they should pay compensation of Rs.5,68,000/- 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 05.09.2023.
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. T.S.Arthanareeswaran, learned counsel for the
appellant and Mr.P. Suresh Srinivasan, learned counsel for the third and
fourth respondents Insurance Company.
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7. Mr. T.S.Arthanareeswaran, learned counsel for the appellant
contended that Dr. Natesan (P.W.2), who gave treatment to the claimant,
had issued a partial permanent disability certificate (Ex.P15) stating that
the claimant has sustained partial permanent disability of 64%. However,
the Tribunal had reduced it to 45% without any basis. His further
contention is that the Tribunal has not awarded just compensation and
therefore prayed for enhancement of compensation.
8. Per contra, Mr.P. Suresh Srinivasan, learned counsel
appearing for the 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. The discharge summaries (Ex.P10 and Ex.P20) show that the
claimant was admitted as an inpatient in LKM Hospital, Erode, from
13.06.2019 to 24.06.2019. He was once again hospitalised from
15.07.2019 to 01.08.2019 and an operation was performed on 18.07.2019
under General Anesthesia. The diagnosis mentioned in the Discharge
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Summary (Ex.P10) is extracted hereunder.
"Minimally displaced fracture Lt. Calcaneum.
Brust fracture L1vertebrae D7 and D8 wadge compression
fracture.
Minimally displaced fracture distal 1/4th Ulna
MRI:
-Wedge compression fracture at L1 body with cord
compression.
- Further wedge compression fractures D7 and D8 levels.
- left plueral effusion present."
Initially the claimant was not willing for a surgery and therefore managed
with conservative treatment. Subsequently, she got herself admitted on
15.07.2019 and discharged on 01.08.2019 in the very same hospital.
9.1. It is pertinent to point out that the claimant did not appear
before the Medical Board for assessing her disability. However,
Dr.Natesan (P.W.2), who gave treatment, had assessed the partial
permanent disability as 64%. The percentage of disability does not match
with the injuries sustained by the claimant and therefore, the Tribunal was
right in reducing the percentage of disability to 45%. The Tribunal has
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awarded Rs.5,000/- per percentage of disability. Since the accident took
place in the year 2019, awarding Rs.7,000/- per percentage would meet
the ends of justice.
9.2. In the claim petition it is stated that the claimant was
working as an agricultural labourer earning a sum of Rs.12,000/- per
month. In the absence of income proof, the Tribunal fixed the notional
monthly income of the claimant as Rs.9,000/-. Considering the year of
accident, this Court fixes the notional monthly income of the claimant as
Rs.10,000/-. On account of the accident, the claimant would have been
out of action atleast for four months. Hence a sum of Rs.40,000/-
(Rs.10,000/- x 4) is awarded towards loss of earnings.
9.3. The following tabular column would show the amount
awarded by the Tribunal and the enhanced amount awarded by this Court
under various heads.
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S.No. Description Amount Amount
awarded by awarded by this
Tribunal (Rs.) Court (Rs.)
1. Loss of Earnings 36,000/- 40,000/-
(Rs.9,000/- x 4) (Rs.10,000/- x 4)
2. Transportation 10,000/- 10,000/-
charges
3. Extra nourishment 15,000/- 15,000/-
4. Attender charges 15,000/- 15,000/-
5. Future Medical 10,000/- 10,000/-
Expenses
6. Damages to clothes 5,000/- 5,000/-
and articles
7. Medical expenses 2,02,000/- 2,02,000/-
8. Pain and sufferings 50,000/- 50,000/-
9. Permanent 2,25,000/- 3,15,000/-
disability and loss (R.5,000/- x 45) (Rs.7000/- x 45)
of earning power
Total 5,68,000/- 6,62,000/-
9.4. Thus, the compensation awarded by the Tribunal is
enhanced from Rs.5,68,000/- to Rs.6,62,000/-. As regards interest, the
claimant is entitled to get 7.5% per annum for Rs.6,52,000/- and no
interest is granted for future medical expenses of Rs.10,000/-.
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10. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.5,68,000/- to Rs.6,62,000/-.
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 third and fourth respondents, Reliance General Insurance
Company Limited, Mumbai and Erode, respectively, are directed to
deposit the enhanced compensation amount of Rs.6,62,000/- (less
the amount already deposited) together with interest at the rate of
7.5% per annum on Rs.6,52,000/- from the date of claim petition
till the date of deposit to the credit of M.C.O.P.137 / 2021 on the
file of the Motor Accident Claims Tribunal, Special Subordinate
Court, Erode, within a period of four weeks from the date of receipt
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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 154 days in filing this appeal, as per the orders of
this Court dated 18.07.2024 in C.M.P. No.11802 of 2024.
09.09.2024
Index : Yes/No
Speaking/Non-speaking order
bga
To
1. Motor Accident Claims Tribunal, Special Subordinate Court, Erode.
2. The Reliance General Insurance Company Limited,
Reliance Centre South Wing, 4th Floor,
Off. Western Express Highway Santacruz,
East Mumbai, Maharashtra 400 055.
3. The Reliance General Insurance Company Limited
408, Sakthi Supermarket Building, 3rd Floor,
Perundurai Road, Erode District 638 011.
4. The Section Officer, VR Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
bga
09.09.2024
https://www.mhc.tn.gov.in/judis
