Murugeswari vs V.Pandi
2024 Latest Caselaw 18290 Mad

Citation : 2024 Latest Caselaw 18290 Mad
Judgement Date : 13 September, 2024

Madras High Court

Murugeswari vs V.Pandi on 13 September, 2024

                                                                        C.M.A.(MD) No.1113 of 2017

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 13.09.2024

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE SUNDER MOHAN

                                           C.M.A.(MD) No.1113 of 2017



                    Murugeswari                                                 ... Appellant

                                                          Vs.

                    1.V.Pandi
                    2.Branch Manager
                    Cholamandalam MS General Insurance Ltd,
                    No.374, Dindigul Main Road,
                    Kalavasal Near ENT Hospital,
                    Madurai.                                                    ... Respondents

                    (Minor/appellant is declared as major and guardianship
                    of her father is discharged vide order dated 20.10.2021
                    in C.M.P.(MD)No.8445 of 2021)
                    Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                    Vehicles Act, 1988, against the judgment and decree dated 07.02.2014
                    passed in M.C.O.P.No.1523 of 2012 on the file of the Motor Accidents
                    Claims Tribunal/ CJM, Madurai.


                                   For Appellant            : Mr.A.Liaket Ali

                                   For Respondents          :
                                         for R1             : No appearance
                                         for R2             : Mr.S.Srinivasa Raghavan

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https://www.mhc.tn.gov.in/judis
                    Page No. 1 of 8
                                                                        C.M.A.(MD) No.1113 of 2017




                                                      JUDGMENT

The instant appeal has been filed seeking enhancement of the

compensation.

2. Since the findings on negligence and the manner of the accident

are not under challenge, the facts leading to the filing of the claim petition

are unnecessary for the disposal of the present appeal.

3. The learned counsel for the appellant/claimant submitted that the

appellant had suffered 50% disability, and considering the nature of the

injuries, the Tribunal ought to have computed the compensation under the

head disability by adopting the multiplier method and that the

compensation awarded under the other heads is meagre.

4. The learned counsel for the second respondent/Insurance

Company, per contra, submitted that the Doctor, who had examined the

appellant, had assessed the disability as a partial permanent disability at

50%; that there is no evidence to show that the appellant has suffered any

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functional disability; and that in such circumstances, the award of

compensation by the Tribunal is just and reasonable.

5. The only point for consideration in the instant appeal is ‘whether

the compensation awarded by the Tribunal is just and reasonable?’

6. The claimant was not examined before the Tribunal as she was a

minor. The father of the claimant examined himself as P.W.3. Even in his

deposition, there is nothing to suggest that the claimant had suffered any

functional disability except for stating that she is unable to carry on the

normal activities. The Disability Certificate issued by the Doctor suggests

that the claimant had suffered partial permanent disability at 50%. When

the case was referred to lok adalat, the Doctor had examined the claimant

and though he had issued a certificate stating that there was a functional

disability, this Court is of the view that the functional disability has to be

assessed by the Court based on the nature of the job, the nature of the

injuries and the disability assessed by the Doctor. In the absence of any

other evidence, this Court is of the view that it cannot be inferred that the

appellant had suffered functional disability. However, the compensation

awarded by the Tribunal can be enhanced in the following manner:

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(i) This Court is of the view that considering the nature of the

disability and injuries, Rs.4,000/- can be awarded for a percentage of

disability and hence, the compensation under the head ‘Disability’ can be

enhanced to Rs.2,00,000/-.

(ii) The award under the head 'Pain and sufferings' can be enhanced

to Rs.50,000/-, since the photographs and the other medical documents

suggest that the compensation of Rs.10,000/- under the said head is

meagre.

(iii) Further, considering the facts and circumstances of the case,

future medical expenses and charges towards physiotherapy cannot be

ruled out. However, no assessment was made by the Tribunal in this

regard. For that purpose, this Court is of the view that the compensation

under the head ‘Future medical expenses and physiotherapy charges’ can

be enhanced to Rs.50,000/-.

(iv) No compensation has been awarded under the head ‘loss of

amenities’. Hence, Rs.25,000/- can be awarded under the said head.

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(v) The claimant had suffered injuries when she was 13 years old.

The disability and the nature of the injuries suffered by the claimant

suggest that the claimant would be entitled to the compensation under the

head ‘loss of marriage prospects’. Hence, this Court is of the view that the

compensation can be awarded at Rs.1,50,000/- under the said head, in the

facts and circumstances of the case. Thus, the compensation awarded by

the Tribunal is enhanced as follows:

                     Sl.          Description            Amount          Amount              Award
                     No                                 awarded by     awarded by          confirmed,
                                                       the Tribunal     this Court        enhanced or
                                                                                            granted
                       1 Partial           permanent Rs.1,00,000/-     Rs. 2,00,000/-      Enhanced
                         disability
                       2 Pain and sufferings           Rs. 10,000/- Rs.        50,000/-    Enhanced
                       3 Extra nourishment             Rs.    5,000/- Rs.       5,000/-   Confirmed
                       4 Medical expenses              Rs.    5,000/- Rs.       5,000/-   Confirmed
                       5 Future medical expenses Rs. 15,000/- Rs.              50,000/-    Enhanced
                         (physiotherapy charges)
                       6 Transport expenses             Rs. 5,000/-    Rs.      5,000/-   Confirmed
                       7 Loss of amenities                   ---       Rs.     25,000/-     Granted
                       8 Loss      of       marriage         ---        Rs.1,50,000/-       Granted
                         prospects
                                   Total               Rs.1,40,000/-    Rs.4,90,000/- Enhanced by
                                                                                      Rs.3,50,000/-

7. The second respondent/Insurance Company is directed to deposit

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the enhanced compensation amount of Rs.4,90,000/- (Rupees Four Lakhs

Ninety Thousand only) together with interest at the rate of 7.5% per

annum from the date of the claim petition till the date of realization

(excluding the period of dismissal for default if any) and costs, less the

amount already deposited, if any, within a period of four (4) weeks from

the date of receipt of a copy of this order.

8. The claimant/appellant is permitted to withdraw the

compensation, less the amount already withdrawn, if any, by filing an

appropriate application before the Tribunal. The appellant/claimant is

directed to pay the necessary Court Fee, if any, on the enhanced amount.