Madras High Court

Raja vs B. Barath on 4 June, 2025

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                                             CMA No. 1365 of 2025




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 04-06-2025

                                                               CORAM

                             THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

                                                    CMA No. 1365 of 2025
                Raja

                                                                                             Appellant
                                                                    Vs

                1. B. Barath

                2.M/s. United India Insurance Co Ltd.
                Divisional Office, 1st Floor, 104-A
                Ranga Building, Peramanur Main Road,
                Salem Dist. 636 007

                                                                                             Respondent(s)

                PRAYER:- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles
                Act, praying to set aside the order dated 30.11.2022 made in MCOP No. 284 of
                2022 on the file of the Motor Accidents Claims Tribunal No.II, Special Sub
                Court, II Salem.


                                  For Appellant:             Mr. Ram Prabu for
                                                             Mr. K.Vasanthanayagan

                                  For Respondents:           Mr. D. Venkatachalam For R2
                                                             R1 - Dispensed With



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                                                                                       CMA No. 1365 of 2025



                                                     JUDGMENT

The claimant not being satisfied with the quantum of compensation

awarded by the Tribunal in MCOP No.284 of 2022, dated 30.11.2022 has

preferred this appeal seeking for enhancement of compensation.

2.The case of the claimant is that on 23.12.2021, he was riding his

motorcycle bearing Regn. No. TN-30-AB-8809 proceeding from his house

towards a tea shop. When he reached near Samiarkadai Bus stop, a motorcycle

bearing Regn. No. TN-30-AZ-4197 came from the opposite direction in a rash

and negligent manner with high speed and dashed against his motorcycle. Due

to which, he sustained crush injury on his right leg, for which, he underwent

treatment as an inpatient in the hospital, wherein his right leg was amputated.

The Medical Board assessed the disability of the claimant at 65%. Under these

circumstances, the claim petition came to be filed before the Tribunal seeking

for payment of compensation.

3.The Tribunal, on considering the facts and circumstances of the case

and on appreciation of oral and documentary evidence, came to a conclusion

that the accident had taken place only due to the rash and negligent driving on

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the part of the rider of the two wheeler. Having come to such a conclusion, the

Tribunal fixed the total compensation payable at Rs.13,53,596/- under various

heads as follows:

                           S.No     Compensation awarded under the                               Amount

                                                      head                                        (in Rs.)
                              1.   Towards Disability                                         7,72,000
                              2.   Towards Pain and Sufferings                                1,00,000
                              3.   Towards Loss        of     earning        during           1,00,000
                                   treatment
                              4.   Towards Medical Expenses                                   2,30,396
                              5.   Towards Attender Charges                                     50,000
                              6.   Towards Transportation Charges                               50,000
                              7.   Towards Extra Nourishment                                    50,000
                              8.   Damages to clothing and articles                             25,000
                                   Total                                                     13,53,596
                                   Rounded off                                               13,53,600

4.The above compensation was directed to be paid with interest at the rate

of 7.5% per annum.

5.The claimant not being satisfied with the quantum of compensation

awarded by the Tribunal, has filed the present appeal before this Court seeking

for enhancement of compensation.

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6. The learned counsel for appellant would argues that the Tribunal failed

to take note of the fact that permanent disability sustained by him on the below

knee was amputated and the Medical Board has also certified his disability at

65%. Since the appellant was a real estate broker, he has earned a sum of

Rs.35,000/- per month and due to disablement, he is not able to earn. But the

Tribunal has erroneously fixed a sum of Rs.10,000/- per month as his monthly

income even without taking note of the fact that the accident was happened in

the year 2021 and without taking note of the cost of living during that period.

He would also pointed out that since his below knee was amputated, the cost of

artificial limb also to be awarded as per the ratio laid down by the Apex Court in

the authority reported in CDJ 2022 SC 1371 in the case of Mohd. Sabeer @

Shabir Hussain vs. Regional Manager, U.P. State Road Transport

Corporation. Accordingly, he prayed to enhance the compensation by

increasing the monthly income of the petitioner as well as to award cost of

artificial limb.

7. The learned counsel for 2nd respondent raised strong objections stating

that at the time of accident, the appellant was aged about 60 years and there is

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no proof with regard to the income nor he produced any evidence to prove that

he is a real estate broker. Therefore, the Tribunal has rightly applied the

multiplier as well as monthly income and prayed to dismiss this Civil

Miscellaneous Appeal.

8.Heard and considered rival submissions made by learned counsel

appearing on behalf of the appellant and learned counsel appearing on behalf of

the 2nd respondent and perused the materials available on record.

9. Considering both side submissions, the fact reveals that appellant was

aged about 60 years, according to him, he was doing real estate broker, but no

proof was adduced on the side of appellant. Therefore, the tribunal had fixed his

monthly income as Rs.10,000/- per month. But, admittedly the accident was

happened in the year 2021. So, considering the cost of living, the notional

income for an individual is to be fixed per day as Rs.600/-, which comes around

Rs.18,000/-. Therefore, this Court is inclined to modify the income fixed by the

tribunal from Rs.10,000/- to Rs.18,000/-. This Court is also inclined to apply the

multiplier method and considering the age of the claimant, 10% can be added

towards future prospects and thus, the notional monthly income can be fixed at

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Rs.18,000/- (Rs.18,000 + Rs.1800 = Rs.19,800). Thus the compensation under

the head of disability works out to Rs.21,38,400/- (Rs.19,800/- x 12 x 9). In

respect of purchase of artificial limb, as per the ratio laid down by the Apex

Court in the authority reported in CDJ 2022 SC 1371 in the case of Mohd.

Sabeer @ Shabir Hussain vs. Regional Manager, U.P. State Road

Transport Corporation, this court is inclined to award a sum of Rs.2,00,000/-

for purchase of artificial limb.

10.The compensation that has been fixed under the other heads are

reasonable and does not require the interference of this Court.

11.In the light of the above discussion, the compensation awarded by the

tribunal is modified as follows:

S.No Compensation awarded under the head Amount

(in Rs.)

1. Cost of artificial limb and its maintenance 2,00,000

2. Towards Functional Disability 7,72,000

2. Towards Pain and Sufferings 1,00,000

3. Towards Loss of earning during treatment 21,38,400 (Rs.19800 x 12 x 9)

4. Towards Medical Expenses 2,30,396

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S.No Compensation awarded under the head Amount

(in Rs.)