Madras High Court
V.S.Rajan vs Shahul Hameed on 29 January, 2025
C.M.A.(MD) No.470 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.01.2025
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.(MD)No.470 of 2023
V.S.Rajan ... Appellant
vs.
1.Shahul Hameed
2.The Divisional Manager,
National Insurance Company Limited,
Motor TP HUB,
3A, North Veli Street, 2nd Floor,
Madurai. ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1973, against judgment and decree dated
27.12.2022 passed in M.C.O.P.No.108 of 2019 on the file of the
Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court,
Ramanathapuram.
For appellant : Mr.K.Kumaravel
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Page No. 1 of 9
C.M.A.(MD) No.470 of 2023
For Respondents
For R1 : Ms.S.Sinduja
for Mr.R.Rajamohan
For R2 : Mr.J.S.Murali
*****
JUDGMENT
Not being satisfied by the award dated 27.12.2022 passed in
M.C.O.P.No.108 of 2019 by Motor Accidents Claims Tribunal/Chief
Judicial Magistrate Court, Ramanathapuram, the claimant/appellant
herein has preferred this appeal for enhancement of compensation.
2. Heard the learned counsel for the appellant and, learned
counsels for the first and second respondents. Perused the
relevant records.
3. Upon consideration, the Tribunal has fastened the liability
on the second respondent/insurance company and directed to pay
the compensation of Rs.20,66,896/- to the claimant herein.
4. It has come on record through the evidence of P.W.
1/claimant that on 26.08.2019 at about 11.30 a.m., when he was
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riding his two wheeler bearing registration No.TN-63-AU-9310
along ECR Road near Theerthandathanam Bus stand and when
he turned towards northern side, a Hyundai Verna Car bearing
registration No.TN-75-J-7995 came from south to north direction
and dashed on his vehicle. Due to the said impact, he was thrown
away and sustained serious injuries, namely, right parietal bone
fracture with small EDH and right open type III ankle dislocation
with trimalleolar fracture. For the second fracture internal fixation
was done. He was admitted in the hospital on the date of accident
i.e., 26.08.2019 and discharged on 13.09.2019 (Ex.P8). Thereafter,
he took treatment as inpatient for a week or above on 23.09.2019,
on 10.10.2010, on 03.01.2020, on 15.06.2020, on 07.12.2020 and
on 29.01.2021. The medical Board has fixed his disability at 70%.
5. The main grievance of the appellant/claimant is that his
monthly income was fixed at Rs.15,000/- p.m. It is the evidence of
P.W.1 that he was a business man and doing business in the name
and style of ‘Tamil Nadu Newsprint and Papers Limited’. In this
regard, Exs.P31, P32, P36 to P38 (IT Returns) have been marked.
For the assessment year 2018-19, a copy of Form-16 is marked
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(Ex.P36), wherein gross income is shown as Rs.7,83,693/- and his
business is shown as Labour Contractor. Exs.P37 and P38 are IT
Returns for the assessment years 2019-20 and 2020-21. Based on
Ex.P36/IT Return, the Tribunal has fixed his notional income at Rs.
15,000/- p.m. and adopted multiplier method for computation of
loss of future income. When a business person meets with
accident, because of his ill health, his business, on the whole, will
not get affected and probably, he has to employ some persons to
look after the business in his absence. Even in the subsequent IT
Returns, there is no much down fall in the annual income of the
claimant. In fact, the annual income for the assessment year
2020-21 as shown as Rs.11,99,930/-, which is higher income than
2018-19.
6. As held by the Hon’ble Supreme Court in the Divisional
Controller, KRSTC vs. Mahadeva Shetty and another reported in
(2003) 7 SCC 197, the object of the contract of insurance is to
compensate loss occurred during the accident and it should be
neither a pittance nor bonanza.
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7. Bearing in these details in mind, his income is safely fixed
at Rs.28,000/- p.m. For computing loss of future income,
the following formula emerges:
Rs.28,000/- x 60% x 12 x 7 ‘M’ = Rs.14,11,200/-
8. In consideration of the treatment taken by the claimant on
the above mentioned dates, for transport charges, an amount of
Rs.20,000/- is granted in addition to the amount already granted by
the Tribunal.
9. In injury cases, for computing loss of future income, if
multiplier method is invoked, the claimant is not entitled to the claim
of loss of earning during treatment period. The amounts awarded
for the other heads appears to be reasonable and acceptable and
hence, it needs no interference. The compensation is re-worked
and tabulated as given hereunder:
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S. Description Amount Amount Award
No awarded by awarded by confirmed
Tribunal this Court or
enhanced
or granted
or reduced
For loss of future Rs. Rs.14,11,200/- Enhanced
1 earnings 7,56,000/-
For loss of earning during Rs. --- Rejected
2 treatment period 75,000/-
For medical expenses Rs. Rs.10,07,396/- Confirmed
3 10,07,396/-
For transport expenses Rs. Rs. 50,000/- Enhanced
4 30,000/-
For attendant charges Rs. Rs. 28,500/- Confirmed
5 28,500/-
For pain and sufferings Rs. Rs. 1,00,000/- Confirmed
6 1,00,000/-
For extra nourishment Rs. Rs. 20,000/- Confirmed
7 20,000/-
For loss of amenities Rs. Rs. 50,000/- Confirmed
8 50,000/-
Total Rs. Rs.26,67,096/- Enhanced by
20,66,896/- Rs.6,00,200/-
10. In the result,
(i) The Civil Miscellaneous Appeal stands partly allowed. No
costs.
(ii) The compensation awarded by the Tribunal is enhanced
from Rs.20,66,896/- to Rs.26,67,096/-.
(iii) The second respondent/Insurance Company is directed to
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deposit the enhanced compensation amount of Rs.26,67,096/-
(less the amount already deposited if any) with interest at 7.5% p.a.
from the date of filing of the claim petition till the date of realisation
to the credit of M.C.O.P.No.108 of 2019 on the file of Motor
Accidents Claims Tribunal, Chief Judicial Magistrate Court,
Ramanathapuram within a period of eight (8) weeks from the date
of receipt of a copy of this Judgment.
(iv) On such deposit being made, the claimant/appellant is
permitted to withdraw the enhanced compensation amount with
interest, after adjusting the amount, if any already withdrawn by
filing necessary application before the Tribunal.
(v) The claimant/appellant is directed to pay the Court fee for
the enhanced compensation amount, if required.
(vi) The Tribunal below shall disburse the amount upon
production of the certified copy showing proof of payment of Court
fee by the claimant.
29.01.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
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apd
To
1.The Chief Judicial Magistrate,
The Motor Accidents Claims Tribunal,
Chief Judicial Magistrate Court,
Ramanathapuram.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
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R.KALAIMATHI,J
apd
Pre-delivery order made in
29.01.2025
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