Madras High Court
Prabavathi vs C.Murugan on 4 April, 2025
C.M.A.No.475 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.No.475 of 2025
Prabavathi ... Appellant
vs.
1.C.Murugan
2.The Branch Manager,
IFFCO Tokio General Insurance Company Ltd,
Branch Office,
GSN Arcade II Floor,
New Vemala Kalyanamandapam,
Bye Pass Road,
Krishnagiri – 635 109. ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to enhance the compensation awarded in the order
dated 20.06.2023 made in M.C.O.P.No.665 of 2019 on the file of Motor
Vehicle Accident Claims Tribunal, Special Subordinate Judge, Krishnagiri.
For Appellant : Mr.M.Mohamed Afridi
For R2 : Mr.K.Poomalai
For R1 : Notice Dispensed With
JUDGMENT
Not satisfied with the quantum of compensation awarded by the
Motor Accident Claims Tribunal, Special Subordinate Judge, Krishnagiri in
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M.C.O.P.No.665 of 2019, dated 20.06.2023, the injured/claimant has come
by way of this appeal.
2. It is the case of the claimant that she was travelling as a pillion
rider in a Honda 5G Scooter bearing Registration No.TN-24-AP-6665 rided
by her relative. When the two wheeler in which the claimant rided as a
pillion rider came near Sankar Poultry Old Godown in Devarkmukkulam
Ranganathar Kovil, the driver of the two wheeler lost control of her vehicle
and dashed against a rock and another parked vehicle bearing Registration
No.TN-24-Q 5818. Due to the accident, the claimant sustained grievous
injuries and her right leg was amputated above the knee. It was stated by the
claimant that she was engaged in agriculture and also vegetable vending and
was earning a sum of Rs.15,000/- per month. Since the claimant's earning
capacity got affected due to the amputation, a claim petition was filed
seeking compensation of Rs.30,00,000/-.
3. The 1st respondent-owner of the vehicle remained exparte before
the Tribunal and the claim was contested only by the insurer of the scooter
on the ground that accident had not occurred due to the negligence on the
part driver of the two wheeler.
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4. Before the Tribunal, the claimant was examined as PW.1 and on
behalf of the claimant, 10 documents were marked as Exs.P1 to P10. On
behalf of the 2nd respondent-Insurance Company, an Official of the RTO
Office, Krishnagiri was examined as RW.1 and 2 documents were marked
as Exs.X1 and X2. The Xerox Copy of Insurance Policy of the vehicle was
marked as Ex.R1. The Medical Board Report was marked as Ex.C1.
5. The Tribunal on appreciation of evidence available on record, came
to the conclusion that accident had occurred only due to the negligence on
the part of the driver of two wheeler. The compensation payable to the
claimant was quantified at Rs.20,50,000/-. Not satisfied with the quantum of
compensation, the claimant has come by way of this appeal.
6. The learned counsel appearing for the appellant/claimant would
submit that the notional income of Rs.60,000/- per annum fixed by the
Tribunal is very much on lower side and therefore, the same requires
enhancement.
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7. The learned counsel appearing for the 2nd respondent would submit
that the claimant has not produced any documentary evidence to prove her
income and hence, the Tribunal was justified in fixing Rs.60,000/- per
annum as notional income of the injured/claimant.
8. It is seen from Ex.P8-Disability Certificate that the right leg of the
claimant was amputated above knee level. The Medical Board, which
assessed the claimant, fixed the disability at 75%. However, the Tribunal
reduced the disability at 50%. It is the case of the claimant that she was
engaged in agriculture and vegetable vending. After amputation of right leg
above knee level, it is impossible for the claimant to engage herself in
agricultural activities or in vegetable vending. Therefore, the earning
capacity of the claimant is greatly affected. In these circumstances, the
Tribunal is not justified in reducing the disability assessed by the Competent
Medical Board. Therefore, this Court holds that the disability of the
claimant shall be fixed at 75%.
9. The Tribunal fixed notional income at Rs.60,000/- per annum. In
the claim petition, it was stated that claimant was an agriculturist and also
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engaged in vegetable vending. However, the claimant has not produced any
documentary evidence to prove the avocation and income. Even if there is
no evidence to prove the income, this Court, by taking into consideration
the facts and circumstances of the case, can fix notional income. In the case
on hand, the accident had occurred on 26.01.2019. Taking into
consideration the date of accident and the prevailing cost of living, this
Court is inclined to fix notional income of Rs.15,000/- per month.
10. As per Ex.P2-Accident Register and Ex.P3-Wound Certificate,
the age of the injured claimant is mentioned as 26 years. Therefore, the
applicable multiplier is 17. The claimant is entitled to 40% enhancement
towards future prospects. Therefore, the amount under the head Disability is
fixed at Rs.32,13,000/- (Rs.15,000 x 1.4 x 12 x 17 x 75/100). The Tribunal
awarded medical expenses at Rs.10,91,000/- based on medical bills marked
as Ex.P7, the same is confirmed. The amount awarded by the Tribunal under
heads pain and suffering, transportation expenses, additional nourishment
etc., are fair and reasonable and hence, they are confirmed. The Tribunal
awarded the amount of Rs.1,00,000/- under the head loss of amenities, when
the amputation injury suffered by the claimant is compensated by adopting
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multiplier method, the claimant is only entitled to a nominal sum under the
head loss of amenities. Therefore, the amount of Rs.1,00,000/- awarded
under the head loss of amenities is reduced to Rs.40,000/-. The claimant has
not produced any documentary evidence to prove future medical expenses,
hence, the amount of Rs.17,000/- awarded under the said head is set aside.
The amount of Rs.1,000/- under the head loss to the clothes is set aside.
11. In view of the discussions made earlier, the award passed by the
Tribunal is modified as follows:-
Compensation Compensation
Sl.
Description awarded by the awarded by Remarks
No.
Tribunal this Court
1. Disability Rs.7,56,000/- Rs.32,13,000/- Enhanced
2. Medical Expenses Rs.10,91,000/- Rs.10,91,000/- Confirmed
3. Pain and Suffering Rs.50,000/- Rs.50,000/- Confirmed
Transportation
4. Rs.15,000/- Rs.15,000/- Confirmed
Expenses
Additional
5. Rs.15,000/- Rs.15,000/- Confirmed
Nourishment
6. Damages to the clothes Rs.1,000/- - Set aside
7. Attender Charges Rs.5,000/- Rs.5,000/- Confirmed
8. Loss of Amenities Rs.1,00,000/- Rs.40,000/- Reduced
Future Medical
9. Rs.17,000/- - Set Aside
Expenses
Enhanced by
Total Rs.20,50,000/- Rs.44,29,000/-
Rs.23,79,000/-
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12. In all the claimant is entitled to Rs.44,29,000/-. Accordingly, the
compensation amount payable to the claimant is enhanced to Rs.44,29,000/-
from Rs.20,50,000/- The 2nd respondent/Insurance Company is directed to
deposit the enhanced award amount of Rs.44,29,000/- together with interest
at the rate of 7.5% per annum from the date of claim petition to the date of
realisation, to the credit of M.C.O.P.No.665 of 2019 on the file of the Motor
Accident Claims Tribunal, Special Subordinate Judge, Krishnagiri, within a
period of six weeks from the date of receipt of copy of this judgment. On
such deposit, the claimant is permitted to withdraw the award amount by
making formal application before the Tribunal.
13. Accordingly, the Civil Miscellaneous Appeal is allowed. The
claimant is directed to pay applicable additional court fee. It is made clear
that the claimant is not entitled to claim interest for the delay period of 301
days in filing the appeal. No costs.
04.04.2025
Index :Yes/No
Speaking order :Yes/No
Neutral Citation :Yes/No
dm
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To
1.The Motor Vehicle Accident Claims Tribunal,
Special Subordinate Judge, Krishnagiri.
2.The Branch Manager,
IFFCO Tokio General Insurance Company Ltd,
Branch Office, GSN Arcade II Floor,
New Vemala Kalyanamandapam,
Bye Pass Road, Krishnagiri – 635 109.
3.The Section Officer,
VR Section, High Court, Madras.
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S.SOUNTHAR, J.
dm
04.04.2025
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