The High Court enhanced compensation awarded to an accident victim in a Motor Accidents Claim petition. Disagreeing with the Tribunal's 15% disability assessment, the Court restored it to 25% and increased the total award to Rs. 94,000.
Compensation enhanced from Rs. 35,300 to Rs. 94,000 by United India Insurance Company Limited.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2019
CORAM:
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
CMA.No.3475 of 2009
V.Munusamy ...Appellant/Petitioner
vs.
Rep. by its Managing Director, Villupuram Division II,
Rangapuram, Vellore.
2.A.Vinayagam
Rep. by its Branch Manager, J.P.Complex, Katpadi road,
Vellore.
4.The United India Insurance Co. Ltd., 235, Gandhi road, Arni.
... Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and Judgment dated 07.03.2006 passed in MCOP.No.200 of 2002 on the file of the Motor Accidents Claims Tribunal / Subordinate Court, Arni.
For Appellant : Mr.P.Seshadri
For Respondents : Mr.P.Paramasivadoss for R1
Mr.G.Udaya Sankar for R4
No appearance for R2 and R3
JUDGMENT
The appellant is the claimant in MCOP.No.200 of 2002 on the file of the Motor Accidents Claims Tribunal / Subordinate Court, Arni. He filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.1,70,000/- for the injuries sustained by him in a road accident that took place on 10.02.2002.
https://hcservices.ecourts.gov.in/hcservices/ 2. The case of the claimant is that on 10.02.2002, at
about 05.30 am, when he was travelling in a Tamil Nadu State Transport Corporation Limited bus bearing Registration No. TN 23 N 0847, another speeding bus bearing Registration No. TN 27 C 9199 hit the bus in which the claimant was travelling, as a result of which, the claimant sustained injuries all over his body. According the claimant, the accident took place due to the rash and negligent driving of the driver of the bus bearing Registration No. TN 27 C 9199 belonging to the second respondent and that since the said bus was insured with the fourth respondent, both the owner and the insurer are jointly and severally liable to pay compensation to him.
the time of giving evidence before the Court. Therefore, the disability is taken up as 25% as calculated by Dr.Kartheesan (PW2). It is contended that the claimant was a mechanic, earning a sum of Rs.5,000/- per month. In the absence of any income proof, a sum of Rs.3,500/- is fixed as notional monthly income of the claimant. Since there is no functional disability, multiplier method is not warranted in the instant case. Therefore, awarding a sum of Rs.2,000/- per percentage of disability, in the opinion of this Court would meet the ends of justice. The award passed by this court under various heads is extracted hereunder:
| S.No. | Head | Amount granted by this Court |
|---|---|---|
| 1. | Loss of income | Rs.21,000/- (Rs.3,500/- x 6 months) |
| 2. | Partial Permanent Disability |
Rs.50,000/- |
| 3. | Pain and sufferings | Rs.10,000/- |
| 4. | Transportation | Rs.5,000/- |
| 5. | Extra nourishment | Rs.5,000/- |
| 6. | Attender's charges | Rs.2,000/- |
| 7. | Damage to clothes | Rs.1,000/- |
| Total | Rs.94,000/- |
8. Thus, the compensation awarded by the Tribunal is enhanced from Rs. 35,300/ - to Rs.94,000/- which would carry interest at the rate of 7.5% per annum.
9. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced from Rs. 35,300/ - to Rs.94,000/-.
(iii) The appellant / claimant is directed to pay the court fee for the enhanced compensation amount, if any, and the Registry is directed to draft the decree only after receipt of the Court fee.
(iv) The fourth respondent / United India Insurance Company Limited is directed to deposit the enhanced compensation amount i.e., Rs.94,000/- (less the amount already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of MCOP.No.200 of 2002 on the file of the Motor https://hcservices.ecourts.gov.in/hcservices/ Accident Claims Tribunal / Subordinate Court, Arni within a
period of four weeks from the date of receipt of a copy of this order.
(v) On such deposit being made, the appellant / claimant is at liberty to withdraw the same after following due process of law. Sd/-
Assistant Registrar (CCC)
//True Copy//
Sub Assistant Registrar
mbi
To
The Motor Accidents Claims Tribunal, The Subordinate Court, Arni.
Copy To
The Section Officer, V.R. Section, High Court, Madras.
+1cc to Mr.G.Udayasankar, Advocate, S.R.No. 80894
CMA.No.3475 of 2009
PVS(CO) GN(04/09/2020)
2 issues framed by the court
Whether the compensation awarded by the Tribunal is inadequate and requires enhancement.
Whether the Tribunal's reduction of permanent disability percentage from 25% to 15% was justified.
2 provisions across 1 enactments
V. Munusamy
Tamil Nadu State Transport Corp. Ltd.
A. Vinayagam
The Oriental Insurance Co. Ltd.
The United India Insurance Co. Ltd.
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
