The High Court enhanced the compensation award from Rs.2,02,360 to Rs.3,62,080 for Dr. S. Rajamohan, a doctor with 11% permanent disability, adjusting future earnings losses based on his verified income.
Compensation enhanced from Rs.2,02,360 to Rs.3,62,080 with interest at 7.5% per annum; respondents directed to deposit the amount.
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C.M.A.No.2130 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2022
C O R A M
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.2130 of 2013
Dr.S.Rajamohan
.. Appellant
-Vs.-
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 20.06.2011 passed in M.C.O.P.No.1689 of 2006 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Cuddalore to set aside the same.
For Appellant : Mr. R. Muralidharan For Respondents : Mr.A.Dhiraviyanathan[R2] R1 – Served-No Appearance
JUDGMENT
The petitioner before the Tribunal below is the appellant herein. The
appellant seeks enhancement of the Award passed by the Motor Accident
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Claims Tribunal (Chief Judicial Magistrate), Cuddalore in M.C.O.P.No. 1689 of 2006 dated 20.06.2011.
the petitioner who is a practicing Doctor has submitted his income tax returns, the Tribunal has fixed a notional income of just a sum of Rs.5,000/and calculated the compensation on this basis.
counsel for the second respondent-Insurance Company and perused the materials available on record.
which shows that the appellant has earned an annual income of around Rs.1,92,000/- for the assessment year just prior to the injuries. However,
the Tribunal has adopted a notional income of Rs.5,000/- stating that the Doctor has resumed his work. The Tribunal has failed to appreciate the fact that the appellant has been assessed to a partial permanent disability of 45%,
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which has been reduced to 11% by the Tribunal.
partial permanent disability, he is entitled to a compensation by adopting a multiplier method. Therefore, the amount under the head of loss of future earnings would be a sum of Rs.2,32,320/-. Therefore, the re-worked compensation would be as follows:-
| Heads | Amount by the Tribunal in Rs. |
Amount Awarded by this Court in Rs. |
|---|---|---|
| Loss of future earnings | 72,600 | 2,32,320 (Rs.16,000 x 12 x 11 x 11/100) |
| Loss of income during the period of treatment |
16,000 | 16,000 |
| Pain and Sufferings | 10,000 | 10,000 |
| Extra Nourishment, |
5,000 | 5,000 |
| assistance and transport expenses |
||
| Medical expenses | 98,760 | 98,760 |
| Total | 2,02,360 | 3,62,080 |
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the compensation of Rs.2,02,360/- awarded by the Tribunal is hereby enhanced to a sum of Rs.3,62,080/- together with interest @ 7.5 % per annum from the date of petition till the date of deposit. The respondents are directed to deposit the said amount to the credit of M.C.O.P.No.1689 of 2006 along with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of six weeks from the date of receipt of a copy of this judgment. The appeal was filed with a delay of 296 days and the same was allowed by this Court on 21.06.2013 in M.P.No.1 of 2012 on condition that the claimant would not be entitled to interest for the said period. On such deposit being made, the claimant is permitted to withdraw the enhanced award amount along with interest except for the delayed period of 296 days and costs, after adjusting the amount, if any already withdrawn, by filing necessary application before the Tribunal. The claimant is directed to pay the Court fee for the enhanced compensation amount, if required. The Tribunal below shall not disburse the enhanced amount till such time as the certified copy showing proof of
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payment of Court fee has been produced by the claimant. In other respects,
the Award of the Tribunal is hereby confirmed. No costs.
27.09.2022
srn To
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P.T.ASHA, J.,
srn
C.M.A.No.2130 of 2013
27.09.2022
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3 issues framed by the court
Whether the compensation awarded by the Tribunal should be enhanced in light of the appellant's income tax returns showing an annual income of Rs.1,92,000/-.
Whether the correct multiplier should be applied considering the appellant's partial permanent disability reduced to 11%.
Whether the impugned award of Rs.2,02,360/- should be enhanced to Rs.3,62,080/- with interest.
1 provisions across 1 enactments
Dr. S. Rajamohan
K. Srinivasan
The United India Insurance Company Limited
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
