Madras High Court
Chandrasekar vs C. Durairaj on 12 March, 2020
Author: V.M.Velumani
Bench: V.M.Velumani
C.M.A.No.1916 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.03.2020
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1916 of 2013
Chandrasekar .. Appellant
Vs.
1.C. Durairaj
(R1 remained ex-parte before the Tribunal)
2.The New India Assurance Company Limited,
No.68, Purasaiwalkam High Road,
Chennai – 7 .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and decree passed in
M.A.C.T.O.P.No.159 of 2007 dated 27.02.2012 on the file of the Motor
Accidents Claims Tribunal, 6th Small Causes Court, Chennai.
For Appellant : Mr.M.L.Ramesh
For R2 : Mr. G. Udhaya Sankar
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C.M.A.No.1916 of 2013
JUDGMENT
The Civil Miscellaneous Appeal is filed for enhancement of compensation granted by the Tribunal in the award dated 27.02.2012 made in M.A.C.T.O.P.No.159 of 2007 on the file of the Motor Accidents Claims Tribunal, 6th Small Causes Court, Chennai.
2.The appellant is claimant in M.C.O.P.No.159 of 2007 on the file of Motor Accidents Claims Tribunal, 6th Small Causes Court, Chennai. He filed the said claim petition claiming a sum of Rs.11,41,000/- as compensation for the injuries sustained by him in the accident that took place on 03.09.2006.
3.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of van belonging to the 1st respondent and awarded a sum of Rs.2,22,770/- as compensation to the appellant and directed the second respondent to pay the award amount.
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4.Not being satisfied with the amounts awarded by the Tribunal, the appellant has come out with the present appeal seeking enhancement of compensation.
5.The learned counsel appearing for the appellant/claimant contended that in the accident, the appellant sustained fracture in Hand Kolor Bone, fracture in Right hand knee and multiple injuries all over the body. He has taken treatment as inpatient from 04.09.2006 to 07.09.2006 at Government Stanley Hospital, Chennai. Thereafter, he took treatment at Sri Kumaran Health Center from 08.12.2006 to 17.12.2006 whereby ORIF with plate osteosynthehss with bone grafting right clavicle under general anesthesia was done on 08.12.2006. But, the Tribunal has not considered the same and failed to award any amounts towards attender charges and loss of amenities. The amounts awarded by the Tribunal towards pain and suffering, transportation and extra nourishment are meagre and prayed for enhancement of compensation.
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6.Per contra, the learned counsel appearing for the second respondent/Insurance Company made submissions in support of the award passed by the Tribunal and prayed for dismissal of the appeal.
7.Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the 1st and 2nd respondents and perused all the materials available on record.
8.It is the contention of the appellant that at the time of accident, he was earning a sum of Rs.6,000/- per month by working as a Driver. But, the Tribunal fixed only Rs.4,000/- as monthly income of the appellant. The same is meagre. The accident is of the year 2006. The notional income of the appellant is fixed at Rs.5,000/- per month. Due to the injuries and disability, the appellant would not have attended his work atleast for a period of six months. The Tribunal has awarded a sum of Rs.12,000/- (Rs.4,000/- X 3 months) towards loss of income and the same is enhanced to Rs.30,000/- (Rs.5,000/- X 6 months). The amounts awarded by the Tribunal for Transportation and Extra nourishment are meagre. Considering the period of 4/8 http://www.judis.nic.in C.M.A.No.1916 of 2013 treatment, the amounts awarded towards Transportation and Extra nourishment are enhanced to Rs.7,000/- and 10,000/- respectively. The Tribunal has not awarded any amount towards Attendant charges and loss of amenities. Therefore, the appellant is entitled to a sum of Rs.7,000/- and Rs.10,000/- towards attendant charges and loss of amenities. The amounts awarded by the Tribunal under other heads are just and reasonable and hence, the same are hereby confirmed. Thus, the compensation awarded by the Tribunal is modified as follows:
S.No Description Amount Amount Award confirmed awarded by awarded by or enhanced or Tribunal this Court granted or (Rs) (Rs) reduced
1. Loss of income 12,000 30,000 Enhanced
2. Transportation 7,000 10,000 Enhanced
3. Extra nourishment 5,000 10,000 Enhanced
4. Damage to clothes 1,000 1,000 confirmed
5. Medical Expenses 77,769.32 77,769.32 confirmed
6. Pain and suffering 30,000 30,000 confirmed
7. Disability 90,000 90,000 Confirmed
8. Loss of amenities - 10,000 granted
9. Attendant Charges - 7,000 granted Total 2,22,769 2,65,769 Enhanced by rounded off rounded off Rs.43,000/-
to 2,22,770/- to 2,65,770/-
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9.In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.2,22,770/- is hereby enhanced to Rs.2,75,770/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The appellant is directed to pay necessary Court fee, if any, on the enhanced compensation. The 2nd respondent/Insurance Company is directed to deposit the enhanced award amount now determined by this Court along with interest and costs, 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. No costs.
12.03.2020 Index : Yes / No Internet : Yes/ No smn 6/8 http://www.judis.nic.in C.M.A.No.1916 of 2013 To
1.The Motor Accidents Claims Tribunal, 6th Small Causes Court, Chennai.
2.The Section Officer V.R.Section High Court, Chennai.
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