Madras High Court
P.Sethupathy vs R.Mahesh on 25 February, 2019
Author: V.M.Velumani
Bench: V.M.Velumani
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.02.2019
CORAM:
THE HON'BLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1396 of 2019
P.Sethupathy ...Appellant
Vs
1.R.Mahesh
2.C.Soundararajan
3.ICICI Lombard Motor Insurance,
Genith House,
Keshavarao Khade Marg,
Mahalakshmi,
Mumbai – 400 034. ...Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 13.06.2014
made in M.C.O.P.No.543 of 2013 on the file of the Motor Accidents
claims Tribunal, Special Sub Court, Erode.
For Appellant : Mr.K.Govi Ganesan
For R3 : Ms.R.Sreevidhya
http://www.judis.nic.in
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JUDGMENT
The Civil Miscellaneous Appeal is filed for enhancement of compensation granted by the award dated 13.06.2014 made in M.C.O.P.No.543 of 2013 on the file of the Motor Accidents claims Tribunal, Special Sub Court, Erode.
2.The appellant is claimant in M.C.O.P.No.543 of 2013 on the file of the Motor Accidents claims Tribunal, Special Sub Court, Erode. He filed the said claim petition claiming a sum of Rs.7,50,000/- as compensation for the injuries sustained by him in the accident that took place on 03.02.2012. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver/1st respondent of the car belonging to the 2nd respondent and directed the 3rd respondent being the insurer of the 2nd respondent's vehicle, to pay a sum of Rs.1,64,880/- as compensation to the appellant. Not being satisfied with the amount awarded by the Tribunal, the appellant has come out with the present appeal seeking enhancement of compensation. http://www.judis.nic.in 3
3.The learned counsel appearing for the appellant contended that the Tribunal without considering the materials filed on behalf of the appellant erroneously awarded meagre sum of Rs.1,64,880/- as compensation. The appellant was working as salesman and earning a sum of Rs.10,000/- per month. The Tribunal without considering the same fixed only a meagre sum of Rs.4,500/- as notional income of the appellant and granted meagre sum of Rs.27,000/- towards loss of income for six months. The appellant has taken treatment as in-patient in hospital for more than 30 days. The Tribunal has not awarded any amount towards attendant charges, loss of amenities and damages of cloth. The amount awarded by the Tribunal towards pain and suffering and loss of income are meagre and prayed for enhancement of compensation.
4.Per contra, Ms.R.Sreevidhya, the learned counsel appearing for the 3rd respondent contended that the appellant has not proved his avocation and income. In the absence of any material the Tribunal has fixed the notional monthly income at Rs,4,500/- and granted Rs.27,000/- towards loss of income. The appellant has not suffered any functional disability and the amount awarded by the Tribunal under different heads are not meagre and prayed for dismissed of Appeal. http://www.judis.nic.in 4
5.Heard the learned counsel appearing for the appellant as well as the 3rd respondent and perused the materials available on record.
6.From the materials available on record, it is seen that the appellant has examined P.W.2/Doctor with regard to percentage of disability and nature of injuries. P.W.2/Doctor assessed that the 1st respondent suffered 28% disability. The Tribunal accepted the disability as 28% and granted a sum of Rs.56,000/- as compensation for disability by awarding a sum of Rs.2000/- per percentage. The accident is of the year 2012. The appellant is entitled to a sum of Rs.84,000/- at the rate of Rs.3,000/- per percentage (Rs.3,000/- X 28 = Rs.84,000/-). The appellant has taken treatment as in patient for more than 30 days. Considering the nature of injuries the Tribunal has fixed Rs.4,500/- as notional income and granted a sum of Rs.27,000/- towards loss of income for six months which is meagre and the same is enhanced to a sum of Rs.39,000/- towards loss of income for six months at the rate of Rs.6,500/- per month. The amount awarded by the Tribunal towards extra nourishment is meagre and the same is enhanced to a sum of Rs.20,000/-. The Tribunal has not awarded any amount towards attendant charges and loss of amenities. Hence, a sum of Rs.20,000/- http://www.judis.nic.in 5 each is granted towards attendant charges and loss of amenities. The amount awarded by the Tribunal under other heads are confirmed. Thus, the compensation awarded by the Tribunal is modified as follows:
S.No Description Amount Amount Award
awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of 27,000 39,000 Enhanced
Income
2. Disability 56,000 84,000 Enhanced
3. Loss of 25,000 25,000 Confirmed
Earning Power
4. Pain and 25,000 25,000 Confirmed
Suffering
5. Extra 10,000 20,000 Enhanced
Nourishment
6. Damages for 10,800 10,800 Confirmed
cloths and
articles
7. Transport 10,000 10,000 Confirmed
Expenses
8. Medical 1,080 1,080 Confirmed
Expenses
9. Attendant - 20,000 Granted
Charges
10. Loss of - 20,000 Granted
Amenities
Total 1,64,880 2,54,880 Enhanced by
Rs.90,000/-
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7.In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.1,64,880/- is hereby enhanced to Rs.2,54,880/- along with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The appellant/claimant is directed to pay necessary Court fee, if any, on the enhanced compensation. The 3rd respondent-Insurance Company is directed to deposit the enhanced award amount with interest now determined by this Court, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the appellant is permitted to withdraw the enhanced award amount along with interest and costs, less the amount if any, already withdrawn by filing necessary applications before the Tribunal. No costs.
25.02.2019 Index:Yes/No jas/rst http://www.judis.nic.in 7 To
1.The Motor Accidents Claims Tribunal, Special Sub Court, Erode.
2.The Section Officer, V.R.Section, High Court, Madras.
http://www.judis.nic.in 8 V.M.VELUMANI,J.
jas/rst C.M.A.No.1396 of 2019 25.02.2019 http://www.judis.nic.in