Madras High Court
R.Subramanian vs Pioneer Road Lines on 6 October, 2015
Author: B.Rajendran
Bench: B.Rajendran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2015
C O R A M
THE HONOURABLE Mr.JUSTICE B.RAJENDRAN
C.M.A. No. 3219 of 2010
R.Subramanian ... Appellant
Vs
1. Pioneer Road Lines
Office at 4/5 Kusumchand Park
O.N.G.C.Char Rastra Iccha
Hazjira Road, Surat District
Gujarat State - 395 001
2. National Insurance Company Limited
Office at : Godavari Bhavan
Chowki Sheri, Gujarat
Branch Office at National Insurance
Company Limited, Saradha Colelge
Main Raod, Salem - 636 007 ... Respondents
Prayer : Appeal filed under Section 173 of the Motor Vehicles Act 1988 against the Judgment and decree dated 30.10.2009 and made in MCOP.No.1660 of 2004 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, FTC, Court No.1, Salem and praying to set aside the same.
For Appellant : Mr. P.Jagadeesan
For R1 : ex parte
For R2 : Mr. K.Padmanabhan
J U D G M E N T
The claimant is the appellant. He moved the Motor Accident Claims Tribunal, Salem in M.C.O.P.No.1660 of 2004 claiming a compensation in a sum of Rs.4,75,000/- for the grievous injury sustained by him in the accident that took place on 01.6.2003. The Tribunal awarded a sum of Rs.82,530/-, which is under challenge in this appeal seeking enhancement of the compensation.
2. Both sides did not dispute the liability and they restricted their arguments only with regard to the quantum awarded.
3. Learned counsel appearing for the appellant would submit that even though the claimant has suffered multiple injuries and the Doctor PW5 has given the medical certificate assessing the permanent disability at 40%, the Court below has awarded only a sum of Rs.40,000/- (Rs.1000x40) towards the same. The learned counsel would further submit that though Ex.A12 wound certificate has been produced, the Court below has not awarded any amount towards pain and suffering and extra nourishment. The learned counsel for the appellant would also submit that the appellant has taken treatment even after being discharged from the hospital for several days but the court below has not awarded any amount towards transportation. The learned counsel would also submit that the appellant due to the serious injuries sustained in the accident could not pursue his normal activities and cannot do any work for his livelihood. Though the claimant had claimed a sum of Rs.4,75,000/- as compensation, the Tribunal has awarded only a sum of Rs.82,530/-. Accordingly, he would pray for enhancement of the same.
4. Learned Counsel appearing for the respondent/ Insurance company would submit that the Court below, after taking into consideration the entire medical records and also the documents produced on the side of the claimant, has rightly awarded a sum of Rs.82,530/- and hence, no interference is warranted in this appeal.
5. Heard both sides and perused the records.
6. On a careful perusal of the judgment passed by the Court below, it is seen that the court below had awarded a total compensation of Rs.82,530/- under the following heads:
1. Wound certificate - Rs.11,000/-
2. Ex.A13 Medical Bills - Rs.22,242/-
3. Ex.A14 Medical Bills - Rs. 9,288/-
4. Disability Certificate - Rs.40,000/-
----------------
Total Rs.82,530/- -----------------
Though the Court below has held that the claimant/appellant has sustained 40% disability, it awarded a meagre sum of Rs.40,000/- i.e. Rs.1,000/- per disability, which is not correct. Considering the nature of disability, I am inclined to fix a sum of Rs.2,000/- per disability. Accordingly, total sum of Rs.80,000/- (Rs.2,000x40=Rs.80,000) is awarded under the head disability. Further, the Court below has held that the claimant/appellant has sustained two grievous injuries and the same has been established by producing Ex.A12 would certificate. However, it has not awarded any amount towards pain and suffering and Extra nourishment. Therefore, considering the pain undergone by the appellant/ claimant, a sum of Rs.20,000/- is awarded under the head pain and suffering and a sum of Rs.10,000/- is awarded towards extra nourishment. It is seen that the appellant/claimant was unable to work for several months in view of the injuries sustained by him. Therefore, the Court below ought to have awarded some amount towards loss of past income. Therefore, a sum of Rs.15,000/- is awarded under the head loss of past income. Considering the treatment undergone by the petitioner, a sum of Rs.5,000/- is awarded under the head transportation.
7. The Court below had awarded a sum of Rs.22,242/- and Rs.9,288/- towards medical bills which is very reasonable considering the nature of the injuries sustained by the claimant/appellant and hence, the amount awarded under the said head is confirmed. Further, the Court below has awarded a sum of Rs.11,000/- under the head wound certificate which is not fair as already Rs.80,000/- has been granted under the head disability.
8. In the result, the judgment passed by the Court below is modified and the compensation of Rs.1,62,000/- is awarded as follows:-
1. Medical Bills (Rs.22,242 + 9,288) - Rs.31,530/-
2. Disability - Rs.80,000/-
3. Pain and sufferings - Rs.20,000/-
4. Extra Nourishment - Rs.10,000/-
5. Transport expenses - Rs. 5,000/-
6. Loss of Past income - Rs.15,000/-
----------------
Total Rs.161,530/- Rounded of to Rs.162,000/- -----------------
9. Accordingly, the second respondent/Insurance Company is directed to deposit the entire compensation amount of Rs.1,62,000/-[Rupees One Lakh sixty two thousand only], less the amount already deposited, if any, to the credit of MCOP 1660 of 2004 on the file of the Motor Accident Claims Tribunal, Additional District Judge, FTC Court No.1, Salem, within a period of six weeks from the date of receipt of a copy of this order along with an interest at the rate of 7.5% from the date of petition. It is needless to state that on such deposit being made, the appellant/claimant is entitled to withdraw the entire compensation amount along with interest, less the amount already withdrawn, if any, on making out a proper application before the court below.
10. With the above modification, this Civil Miscellaneous Appeal is allowed. No costs.
06..10..2015
Internet : Yes/No
Index : Yes/No
ga
To
1. The Motor Accidents Claims Tribunal,
Additional District Judge,
Fast Track Court No.1, Salem
B.RAJENDRAN, J.
ga
Judgment in
C.M.A. NO.3219 of 2010
06.10.2015