Madras High Court

Suresh vs Mugunthan on 11 September, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

                                                                                      CMA.No.1683 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 11.09.2024

                                                          CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                    C.M.A.No.1683 of 2023

                     Suresh                                                 .... Appellant


                                                             vs.
                     1. Mugunthan

                     2. Divisional Manager
                        The New India Assurance Company Limited,
                        Pondicherry Division Office,
                        TP Claims Hub, 30 JN Street,
                        II Floor, Pondicherry                                 ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the Award dated 24.04.2023 in
                     M.C.O.P.995/2017 on the file of the Motor Accident Claims Tribunal,
                     Special Subordinate Court, Cuddalore.
                                    For Appellant       : Mrs. Ramya V Rao
                                    R1                  : No appearance
                                    For R2              : Ms. A. Salomi




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                                                                                   CMA.No.1683 of 2023


                                                    JUDGMENT

The appellant is the claimant in M.C.O.P.995/2017 on the file of

the Motor Accident Claims Tribunal, Special Subordinate Court,

Cuddalore, and he filed the claim petition under Section 166(1) of the

Motor Vehicles Act, 1988 seeking compensation of Rs.20,00,000/- for the

injuries sustained by him in a road accident that occurred on 01.01.2017.

2. The case of the claimant is that on 01.01.2017 he was

travelling as a passenger in a bus bearing Registration Number TN-49-AT-

3124, belonging to the first respondent. The driver of the bus drove the

bus in a rash and negligent manner as a result of which the claimant fell

down from the bus and sustained injuries all over his body. He was

immediately rushed to the Government hospital, Cuddalore, from where

he was referred to JIPMER Hospital, Pondichery.

2.1. According to the claimant, the rash and negligent driving of

the driver of the bus bearing Registration Number TN-49-AT-3124 was

the cause of the accident and that since the said bus was insured with the

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second respondent, the New India Assurance Company Limited,

Pondicherry, the owner of the bus and the insurer are jointly and severally

liable to pay compensation to him.

3. In the Tribunal the first respondent, the owner of the bus

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 held that

the liability of the owner and the insurer are joint and several and that

they should pay compensation of Rs.3,73,000/- to the claimant together

with interest at the rate of 7.5% per annum from the date of petition till the

date of realisation, vide its orders dated 24.04.2023.

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.

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6. Heard Mrs. Ramya V Rao, learned counsel for the appellant

and Ms. A. Salomi, learned counsel for the second respondent/Insurance

Company.

7. Mrs. Ramya V Rao, 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

payed for enhancement of compensation.

8. Per contra, Ms. A. Salomi, learned counsel appearing for the

second respondent /Insurance Company contended that the Tribunal had,

after analysing the evidence on record, awarded just compensation to the

claimant and therefore, the same need not be disturbed in the present

appeal.

9. A perusal of the discharge summary (Ex.P5) issued by the

JIPMER Hospital, shows that the claimant had sustained 'Right closed I/A

Calcanum fracture'. The Medical Board had assessed the disability of the

claimant as 42% . Since there is no functional disability, the Tribunal had

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awarded as sum of Rs.2,10,000/- towards partial permanent disability by

fixing a sum of Rs.5,000/- per percentage of disability. Since the accident

took place in the year 2017, awarding Rs.7,000/- per percentage of

disability would meet the ends of justice. Hence, a sum of Rs.2,94,000/-

(42 x 7000) is awarded towards partial permanent disability.

9.1. According to the claimant, he was working as a Heavy

Motor Vehicle driver earning a sum of rs.25,000/- per month. In the

absence of income proof, the Tribunal had fixed the notional monthly

income of the claimant as Rs.7,000/-. 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 six months. Hence a sum of Rs.60,000/-

(Rs.10,000/- x 6) is awarded towards loss of earnings.

9.2. 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.         Partial permanent             2,10,000/-    2,94,000/-
                                      disability
                           2.         Pain and sufferings             60,000/-      60,000/-
                           3.         Loss of amenities               35,000/-      35,000/-
                           4.         Extra nourishment                6,000/-       6,000/-
                           5.         Attender charges                10,000/-      10,000/-
                           6.         Transportation                   5,000/-       5,000/-
                                      charges
                           7.         Loss of income                  42,000/-      60,000/-
                                                                    (7000 x 6)   10,000 x 6)
                           8.         Medical expenses                 5,000/-       5,000/-
                                      Total                         3,73,000/-    4,75,000/-

9.3. Thus, the compensation awarded by the Tribunal is

enhanced from Rs.3,73,000/- to Rs.4,75,000/- which 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 from

Rs.3,73,000/- to Rs.4,75,000/-.

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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 The New India Assurance Company