The High Court allowed an appeal against an award by the Motor Accident Claims Tribunal, enhancing compensation from Rs.1,05,240/- to Rs.2,50,00/-. The Court adjusted awards for permanent disability, pain and suffering, and other heads of claim based on the appellant's injuries.
Compensation enhanced from Rs.1,05,240/- to Rs.2,50,000/- payable with interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2017
CORAM:
THE HONOURABLE Dr. JUSTICE S.VIMALA
C.M.A.No.70 of 2014
Uthirakotti ... Claimant/Appellant
versus
The Managing Director, Tamil Nadu Express Transport Corporation, Chennai – 600 002. … Respondent
Prayer : This Appeal filed under Section 173 of Motor Vehicles Act, against the Judgment and Decree dated 04.04.2008, made in M.A.C.T.O.P.No.1247 of 2004 on the file of the Motor Accident Claims Tribunal (IV Small Causes Court), Chennai.
For Appellant : Mr.Terry Chellaraja For Respondent : Mr.D.Venkatachalam
JUDGMENT
One Uthirakotti, who was aged 19 ½ years and earning a sum of Rs.9,000/- per month, met with an accident that took place on 16.08.2003, due to which, he suffered fracture in the cervical bones (C1 and C2) and he was treated by traction administration and minerva jacket application and he was in the Hospital for a period of one month continuously.
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1.1. Alleging that since he suffered fracture in the cervical bones and he was hospitalized for a period of one month, he suffered loss of earnings as well as loss of earning capacity, the injured filed a claim petition claiming compensation of Rs.7,00,000/- and it was restricted to Rs.3,50,000/-. The Tribunal has awarded compensation of Rs.1,05,240/- along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit and the break-up details of the compensation reads as under:
| Loss of income for the treatment period (i.e. two months) |
- | Rs. 9,000/- |
|---|---|---|
| Transportation to Hospital | - | Rs. 1,000/- |
| Extra nourishment | - | Rs. 1,000/- |
| Damage to clothing and articles | - | Rs. 500/- |
| Damage to bullock cart | - | Rs. 23,740/- |
| Damage to bullock | - | Rs. 20,000/- |
| Pain and sufferings | - | Rs 10,000/- |
| Permanent disability | - | Rs. 40,000/- |
| ------------------ | ||
| Total | - | Rs.1,05,240/- ------------------- |
ground that there was no subsequent follow-up treatment and the petitioner would have been in a position to earn his livelihood as before. Yet another reasoning given by the Tribunal is that he was earning by letting out bullock carts and as damage has been awarded to the bullock cart, there is no loss of earnings/loss of earning capacity to the claimant. This part of the Judgment is under challenge by the claimant.
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3.1. Learned counsel appearing for the claimant/appellant would submit that even though the claimant was only letting out bullock carts, the fact remains that even at the time of accident, he was actually riding the bullock cart and due to the accident, the bullock cart was damaged and the bullock died, therefore, the loss of earning capacity should have been considered; the Tribunal ought to have considered the evidence of the Doctor, who certified the disability at 45%, which will definitely affect the earning capacity (because of fracture on C1 and C2 bones), but, the Tribunal awarded only a sum of Rs.40,000/- towards permanent disability.
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of the enhanced compensation read as under:
| Loss of income for the treatment | |
|---|---|
| period (i.e. two months) | - Rs. 9,000/- |
| Transportation to Hospital | - Rs. 10,000/- |
| Extra nourishment | - Rs. 10,000/- |
| Damage to clothing and articles | - Rs. 1,500/- |
| Damage to bullock cart | - Rs. 23,740/- |
| Damage to bullock | - Rs. 20,000/- |
| Pain and sufferings | - Rs. 30,000/- |
| Permanent disability | - Rs.1,35,000/- |
| Loss of enjoyment of amenities | - Rs. 10,000/- ------------------ |
| Total | - Rs.2,49,240/- |
| ------------------- | |
| Rounded off | - Rs.2,50,000/- |
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03.01.2017
ogy
Index : Yes / No. Internet: Yes/No.
To
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Dr.S.VIMALA, J.
ogy
C.M.A.No.70 of 2014
03.01.2017
2 issues framed by the court
Whether compensation awarded under the Motor Vehicles Act should be enhanced to account for loss of earning capacity and permanent disability.
Whether the assessment of pain and suffering and other head of damages requires modification based on the nature and duration of injury.
1 provisions across 1 enactments
Uthirakotti
The Managing Director, Tamil Nadu Express Transport Corporation
S.Vimala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
