In an appeal against a Motor Accident Claims Tribunal award, the High Court enhanced compensation for a grievously injured claimant from Rs.67,550 to Rs.1,00,000, correcting income assessment and adding attendant charges. The appeal was partly allowed.
Award modified and enhanced from Rs.67,550/- to Rs.1,00,000/- with interest at 7.5% per annum.
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 : 29.04.2021
CORAM :
THE HONOURABLE MRS. JUSTICE S.KANNAMMAL
CIVIL MISCELLANEOUS APPEAL NO. 2283 OF 2014
Manikandan
...Appellant / Claimant
Versus
1.D.Banugopan
2.M/s.United India Insurance Co., Ltd
No.235, Gandhi Road,
Arni-632 301. ...Respondents / Respondents
Civil Miscellaneous Appeal filed under Section 173 of The
Motor Vehicles Act, 1988 against the Judgment and Decree dated
30.08.2013 made in M.C.O.P.No.113 of 2009 on the file of the
Motor Accident Claims Tribunal, (Sub Court), Madurantagam.
For Appellant :Mr.K.Govi Ganesan
For R2 :Mr.C.Paranthaman
R1 :Exparte before the Tribunal
JUDGMENT
(Heard through Video Conferencing)
Not being satisfied with the quantum of compensation
awarded by the Tribunal, in and by Award dated 30.08.2013 passed
in M.C.O.P.No. 113 of 2009 on the file of Motor Accident Claims
Tribunal,(Sub Court), Madurantagam, the present appeal has been
filed by the claimant seeking enhancement of the compensation
amount.
2. It is the case of the appellant/claimant before the
Tribunal that on 28.09.2009 at about 13.40 hours when the
claimant along with his brother Kannan were travelling in a TVS
Super XL proceeding from East to West on Madhur to Elapakkam
road, the driver of the Prasanna Bus, who came from opposite
direction drove the bus in a rash and negligent manner, hit
against the TVS Super XL and the claimant sustained grievous
injury. The claimant has sustained permanent disablement and he
filed the claim petition before the Tribunal claiming
compensation of Rs.5,00,000/-.
3. The second respondent herein/the Insurance company has
filed counter statement disputing the manner of accident and the
injuries sustained by the claimant. The Insurance Company has
also disputed the occupation and income of the claimant and
prayed for dismissal of the claim petition.
4. In order to prove the claim on the side of the
appellant/claimant the petitioner was examined as P.W.1 and one
Dr.Kannan Isac was examined as P.W.2.Ex.P1 to P12 were marked.
On the side of the Insurance Company neither oral nor
documentary evidence was adduced.
5. After considering the entire materials available on
record, the tribunal came to the conclusion that the accident
had occurred due to rash and negligent driving of the offending
vehicle i.e., Prasanna Bus which was insured with the 2nd
respondent Insurance Company and owned by the first respondent
herein. Hence the tribunal had passed an award for a total sum
of Rs.67,550/- with interest at rate of 7.5% per annum from the
date of claim petition till the date of payment. The breakup
details of the award passed by the Tribunal are as follows:
For Permanent Disability= Rs. 45,000/-
Pain and Suffering= Rs. 10,000/-
Extra Nourishment = Rs. 2,000/-
Transport Charges= Rs. 3,000/-
X-ray Expenses= Rs.350
loss of income for the period during treatment= Rs.7,200/-
-----------------------
Total= Rs. 67,550/-
-----------------------
6. Challenging the same the present appeal has been filed
by the appellant/claimant.
7. The learned counsel for the appellant/claimant
submitted that prior to the accident, the appellant was working
as a carpenter and earned a sum of Rs.9,000/- per month. Whereas
the Tribunal had erred in fixing the income of the appellant as
Rs.6,000/- only. It is further submitted that the appellant was
issued permanent disability certificate for 45% of disability
and the Tribunal had given only Rs.45,000/- towards the same.
The learned counsel would also submit that the award of
compensation under various heads are very meagre and that has to
be enhanced, considering the nature of injuries sustained by the
appellant and also the nature of his avocation.
8. Per contra, the learned counsel for the 2nd
respondent/Insurance Company made his submissions supporting the
award passed by the Tribunal. While coming to the avocation of
the claimant though it is argued that the claimant was working
as a carpenter and earning Rs.9,000/- per month, no documentary
evidence was produced by the claimant for his avocation or the
income.
9. The learned counsel for the 2nd respondent would
fairly concede that pertaining to the loss of income during the
period of treatment, a little amount can be enhanced under the
head “loss of income”. Hence this Court is of the view to take
Rs.10,000/- towards loss of income.
10. The Tribunal has awarded only Rs.10,000/- towards
pain and suffering which has to be enhanced, considering the
nature of injury sustained by the appellant. Further, the amount
of compensation awarded for extra nourishment and transport also
have to be enhanced, considering the cost of living and
escalation of prices. The Tribunal has not awarded any amount
towards attendant charges and it would be reasonable to award
Rs.4,650/- towards the same.
11. |
Thus, the a |
ward passed |
by |
the Tribunal, |
in comparison |
|
|---|---|---|---|---|---|---|
with |
the |
amounts no |
w awarded |
by |
this Court |
is tabulated |
here |
under: |
|||||
Sl. |
Head |
under which |
Amount awar |
ded |
Amount |
Confirmed/ |
No |
thea |
amount iswarded |
by theTribunal |
awarded bythis Court |
enhanced |
|
(in Rs.) |
||||||
1 |
Fordisabi |
permanentlity |
Rs.45,000/- |
Rs.45,000/- |
confirmed |
Sl. |
Head under which |
Amount awarded |
Amount |
Confirmed/ |
|---|---|---|---|---|
No |
the amount isawarded |
by theTribunal(in Rs.) |
awarded bythis Court |
enhanced |
2 |
PainandSuffering |
Rs.10,000/- |
Rs.30,000/- |
enhanced |
3 |
Extra nourishment |
Rs.2,000/- |
Rs.5,000/- |
enhanced |
4 |
Transportation |
Rs.3,000/- |
Rs.5,000/- |
enhanced |
5 |
Attendant charges |
-- |
Rs.4,650/- |
Now granted |
6 |
Loss of income |
Rs.7,200/- |
Rs.10,000/- |
enhanced |
7. |
Medical Expenses |
Rs.350/- |
Rs.350/- |
confirmed |
Total |
Rs.67,550/- |
Rs.1,00,000/- |
enhanced |
12. In the result, the Civil Miscellaneous Appeal is
partly allowed as follows:(i) The award of the Tribunal is modified and enhanced from Rs. 67,550/- to Rs.1,00,000/-
(ii) The award amount will carry interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit.(iii) In view of the above modified enhanced award amount, the 2nd respondent/Insurance Company is directed to deposit the award amount with proportionate interest and costs, less the amount, if any, already deposited, within a period of four weeks from the date of receipt of a copy of this order.(iv) On such deposit, the appellant/claimant is permitted to withdraw the amount awarded as above, by filing proper application before the Tribunal, less the amount if any already withdrawn, with accrued interest. The Tribunal shall pass appropriate directions for the disbursal of the amount as stated supra on the filing of such application.No costs.
Sd/-
Assistant Registrar (CS-V)
// True Copy //
Sub Assistant Registrar
mpa
To
The Subordinate Judge,
The Motor Accident Claims Tribunal,
(Sub Court), Madurantagam.
+1cc to Mr.C.Paranthaman, Advocate SR.No.26600
+1cc to Mr.K.Govi Ganesan, Advocate SR.No.26483
CMA.No.2283 of 2014
SV(CO)
RVM(23/09/2021)
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal requires enhancement due to lower income assessment and inadequate awards for pain and suffering.
Whether the compensation amounts for permanent disablement, extra nourishment, transport, and attendant charges need modification considering the cost of living escalation.
1 provisions across 1 enactments
Manikandan
D Banugopan
M/s.United India Insurance Co Ltd
S Kannammal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court