Madras High Court
S. Jagan vs R. Jayachandar on 12 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.1856 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1856 of 2024
S. Jagan .... Appellant
vs.
1. R. Jayachandar
2. The Manager
United India Insurance Company Limited
Sillingi Building, 4th Floor,
No.134, Greams Road, Chennai. ...
Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 09.08.2023 in
M.C.O.P.3588/2019 on the file of the Motor Accident Claims Tribunal,
VI Court of Small Causes, Chennai.
For Appellant : Mr. K. Balaji
R1 : No appearance
For R2 : Mrs. R. Rathna Thara
1/9
https://www.mhc.tn.gov.in/judis
CMA.No.1856 of 2024
JUDGMENT
The appellant is the claimant in M.C.O.P.3588/2019 on the file
of the Motor Accident Claims Tribunal, VI Court of Small Causes,
Chennai, and he filed the claim petition under Section 166 of the Motor
Vehicles Act, 1988 seeking compensation of Rs.14,00,000/- for the
injuries sustained by him in a road accident that took place on 27.05.2019.
2. The case of the claimant is that on 27.05.2019, he was
travelling as a pillion rider in a two wheeler bearing Registration Number
TN 18 AF 0562, belonging to the first respondent and driven by his friend
Jagannanthan, on Vandalur-Minjur bypass Road. According to the
claimant, the driver of the two wheeler drove the vehicle in a rash and
negligent manner and hit a stone on the left hand side of the Road, as a
result of which he fell down from the two wheeler and sustained injuries
all over his body. He was immediately rushed to the hospital where he
was treated as an inpatient for five days.
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2.1. According to the claimant, the rash and negligent driving of
the rider of the two wheeler bearing Registration Number TN 18 AF
0562 was the cause of the accident and that since the said two wheeler
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 to him.
3. In the Tribunal the owner of the motorcycle 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 two wheeler and further
held that the owner of the two wheeler and the insurer are jointly and
severally liable to pay compensation of Rs.3,87,120/- 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, vide its orders dated 09.08.2023.
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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 for the appellant and
Mrs. R. Rathna Thara, learned counsel for the second
respondent/Insurance Company
7. Mr.K. Balaji, learned counsel 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, Mrs. R. Rathna Thara, learned counsel appearing
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 Discharge Summary (Ex.P5) shows that the
claimant had sustained comminuted intra-articular fracture of left distal
femur and fracture of tibial spine avulsion left leg. The Medical Board had
issued a Disability certificate (Ex.C1) assessing the partial permanent
disability of the claimant as 44%. The Tribunal has awarded a sum of
Rs.1,76,000/- towards partial permanent disability since there was no
functional disability. The age of the claimant was 26 years and the
accident took place in the year 2019. Considering the same, awarding
Rs.7,000/- per percentage of disability would meet the ends of justice.
Hence, a sum of Rs.3,08,000/- is awarded towards partial permanent
disability.
9.1. According to the claimant he was working as a technician
earning a sum of Rs.18,000/- per month. Since no satisfactory evidence
was adduced by him to substantiate his income, the Tribunal fixed the
notional monthly income of the claimant as Rs.10,000/-. The accident
took place in the year 2019 and in the circumstances, the notional monthly
income of Rs.10,000/- fixed by the Tribunal cannot be found fault with.
On account of the accident, the claimant would have been out of action
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atleast for six months and therefore, a sum of Rs.60,000/- (10,000x6) is
awarded towards loss of income.
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.
S.No. Description Amount Amount
awarded by awarded by this
Tribunal (Rs.) Court (Rs.)
1. Medical Expenses 1,31,120/- 1,31,120/-
2. Transportation 10,000/- 10,000/-
charges
3. Extra nourishment 10,000/- 15,000/-
4. Attender charges 15,000/- 20,000/-
5. Partial permanent 1,76,000/- 3,08,000/-
disability (44x7000)
6. Loss of income 30,000/- 60,000/-
(10,000x3) (10000x6)
7. Pain and sufferings 15,000/- 25,000/-
8. Loss of amenities - 25,000/-
Total 3,87,120/- 5,94,120/-
9.3. Thus, the compensation awarded by the Tribunal is
enhanced from Rs.3,87,120/- to Rs.5,94,120/- which would carry interest
at the rate of 7.5% per annum.
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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.3,87,120/- to Rs.5,94,120/- .
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
of Rs.5,94,120/- (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.3588 / 2019
on the file of the Motor Accident Claims Tribunal, VI Court of
Small Causes, 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.
https://www.mhc.tn.gov.in/judis
12.09.2024
Index : Yes/No
Speaking/Non-speaking order
bga
To
1. Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai.
2. The Manager
United India Insurance Company Limited
Sillingi Building, 4th Floor,
No.134, Greams Road, Chennai.
3. The Section Officer, VR Section, Madras High Court, Chennai.
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R.HEMALATHA, J.
bga
12.09.2024
https://www.mhc.tn.gov.in/judis
