Madras High Court
R.P.David Jawahar vs Panayam Cements And Mineral Industries ... on 5 February, 2025
CMA.No.3708 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
CMA.No.3708 of 2021
R.P.David Jawahar
... Appellant
Vs.
1.Panayam Cements and Mineral Industries Limited,
Rep by its Manager SPY Reddy,
Industrial Estate,
Bommalasatram,
Nandyal Taluk,
Kurnool District,
Andhra Pradesh.
2.The Branch Manager,
New India Assurance Company Limited,
Branch Office, D.No.25/692B,
1st Floor, Sri Rama Sai Enclave,
Plot No.104, TTD Road,
Srinivasa Nagar, Nandyal Taluk,
Kurnool District, Andhra Pradesh.
... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles
Act, 1988, challenging the judgment and decree dated 05.04.2021 made in
MCOP.No.837 of 2018 on the file of the Motor Accident Claims Tribunal,
Special Subordinate Court, Motor Accident Claims Cases, Krishnagiri.
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CMA.No.3708 of 2021
For Appellant : Mr.S.P.Yuaraj
For Respondents : M/s.R.Rajesh for R2
R1-Dismissed vide
C/o dated 26.04.2024
J U D G M E N T
The appellant/injured claimant, not being satisfied with the
quantum of compensation awarded by the Motor Accident Claims Tribunal
Special Subordinate Court, Krishnagiri in MCOP.No.837 of 2018, dated
05.04.2021, has come by way of this Civil Miscellaneous Appeal.
2. It is not in dispute that the claimant got injured on
12.03.2018 in a road accident. Both the counsel appearing for the appellant
and the respondents have not advanced arguments on the aspects of
negligence and liability. Therefore, the facts necessary for deciding
negligence and liability have not been discussed in this judgment. The
present appeal is confined to the quantum of compensation.
3. Heard the learned counsel for appellant/claimant and the
learned counsel for second respondent/Insurance Company.
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4. The learned counsel appearing for the appellant/claimant
submits that due to the accident, the petitioner suffered fracture injury in the
right hand. Therefore, the Medical Board assessed the disability at 85%.
However, the Tribunal reduced it to 50% without any basis. The learned
counsel further submitted that the notional income fixed by the Tribunal at
Rs.8,500/- is very much on the lower side.
5. The learned counsel appearing for the 2nd
respondent/Insurance Company would submit that the disability suffered by
the claimant and the loss of earning capacity are entirely different and
having regard to the facts and circumstances of the case, the Tribunal rightly
fixed the loss of earning capacity at 50%. The learned counsel further
submitted that the claimant failed to produce any documents to prove his
income and hence the amount of Rs.8,500/- fixed by the Tribunal as
notional income is justified.
6. A perusal of Ex.C1-disability certificate issued by Medical
Board would suggest that the Medical Board has given its opinion that the
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claimant suffered disability of 85%. The claimant was examined as PW.1,
the Tribunal which had the opportunity to see the claimant also recorded in
its order that his right hand had become totally useless. In the claim petition,
it was claimed by the petitioner that he was working as
Co-ordinator, Central Government Skill and Development Project. The
claimant has not produced any documents to prove the nature of his job and
to prove of responsibility of his job. Having regard to the nomenclature of
the petitioner's employment as mentioned in the claim petition, the Tribunal
was justified in assessing the loss of earning capacity at 50%. The said
findings requires no interference by this Court.
7. The accident had taken place in the year 2018. Though the
claimant failed to produce any document to prove his income, he is entitled
to fixation of notional income, as per the acceptable parameters. In view of
the fact that the accident had occurred in the year 2018, this Court is
inclined to fix the notional income of the claimant at Rs.16,000/- per
annum. The claimant is also entitled to 40% enhancement towards future
prospects (Rs.16,000+6400). Having regard to the age of the claimant i.e.,
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29 years, the applicable multiplier would be 17. Therefore, the claimant is
entitled to a sum of Rs.22,84,800/- under the head of earning capacity
(Rs.22,400*12*17*50/100).
8. Having granted compensation under the head loss of
earning capacity, the Tribunal ought not have awarded compensation under
the head permanent disability on percentage basis. Therefore, a sum of
Rs.4,25,000/- awarded by the Tribunal under the head permanent disability
is set aside. The amount of Rs.12,13,800/- awarded under the head loss of
earning capacity is enhanced to Rs.22,84,800/-. The other amount awarded
by the Tribunal under various heads are confirmed.
9. In the light of the above discussion, this Court modifies the
compensation in the following manner:
S.No Description Amount Amount
awarded by awarded by this
Tribunal Court
(Rs) (Rs)
1. Loss of earning capacity 12,13,800/- 22,84,800/-
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2. Medical expenses 3,06,832/- 3,06,832/-
3. Transport expenses 10,000/- 10,000/-
4. Nutritious and Attender 15,000/- 15,000/
Charges
5. Pain and Suffering 68,000/- 68,000/-
6. Social amenities 68,000/- 68,000/-
7. Damages to Clothes 1,000/- 1,000/-
8. 85% disability at Rs.5000/- 4,25,000/- -
per percentage
Total 21,07,632/- 27,53,632/-
10. Therefore, the amount of compensation awarded by the
Tribunal is enhanced to Rs.27,53,632/- as against a sum of Rs.21,07,632/-.
The claimant is entitled to interest at the rate of 7.5% on the enhanced
award. The respondents are directed to deposit the enhanced amount with
interest within a period of four weeks from the date of receipt of a copy of
this judgment, to the credit of MCOP.No.837 of 2018 on the file of the
Motor Accident Claims Tribunal, Special Subordinate Court, Motor
Accident Claims Cases, Krishnagiri. On such deposit, the appellant is
permitted to withdraw the award amount now determined by this Court,
along with interest and costs, less the amount, if any, already withdrawn, by
making formal application before the Tribunal.
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11. Accordingly, this Civil Miscellaneous Appeal is partly allowed.
No costs.
05.02.2025
Index : Yes/No
Speaking order:Yes/No
Neutral Citation:Yes/No
ub
To
1.Motor Accident Claims Cases,
Special Subordinate Court,
Krishnagiri.
2.The Section Officer
VR Section,
High Court,
Madras.
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S.SOUNTHAR, J.
ub
05.02.2025
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