Appeal against MACT decree for enhancement of compensation. Court held based on inpatient treatment duration and surgeries that disability and future medical expenses required enhancement.
Enhanced total compensation to Rs.6,41,700 with 7.5% interest; Insurance company directed to deposit the enhanced amount.
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.
CMA No.1877 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM :
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.1877 of 2020
Judgment reserved on Judgment pronounced on 29.01.2024 12.03.2024
Sibin Thomas ... Appellant Vs.
1.M/s.Aggarwal Transport Organisation No.5, Transport Centre, Rohtak Road, West Delhi, Delhi – 110 026.
2.National Insurance Co. Ltd., (Motor Third Party Cell) No.751, Anna Salai, 3rd Floor Chennai – 600 002. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and judgment dated 07.08.2019 made in MCOP No.713 of 2015 on the file of the Motor Accident Claims Tribunal (II Small Causes Court), Chennai.
For Appellant : Mr.K.Varadhakamaraj For R1 : No appearance For R2 : Mr.S.Arunkumar
CMA No.1877 of 2020
J U D G M E N T
The claim petitioner is the appellant herein seeking enhancement
of compensation awarded in MCOP No.713 of 2015 dated 07.08.2019 on the file of the Motor Accident Claims Tribunal (II Small Causes Court), Chennai.
2. On the point of quantum of compensation, heard the learned counsel appearing for the appellant as well as second respondent. Though notice has been served on the first respondent and their name has been printed in the cause list, there is no representation for them.
3. The claim appellant/ claim petitioner, in order to substantiate the claim made, examined himself as PW1 and marked Exs.P1 to P15. Disability certificate issued by Kollam Hospital was marked as Ex.P14. No persons in connection with Ex.P14 was examined. Ex.P2 is the case sheet, Ex.P3 to P5 are the discharge summaries, Ex.P7 is the further treatment continuation sheet and Ex.P8 is the medical bills. On a combined reading of Exs.P3 to P5 – discharge summaries (3 Nos.), it is seen that the appellant/claim petitioner was treated as inpatient from 22.07.2014 to 17.08.2014, 19.08.2014 to 19.09.2014, 19.09.2014 to 01.10.2014 and 08.08.2015 to 12.08.2015. Surgery was done on 10.08.2015. Based upon
CMA No.1877 of 2020
Ex.P14 - disability certificate issued by the Government Taluk Headquarters Hospital, Kollam, the Trial Court has fixed the disability of the appellant as 40%, as stated in Ex.P14 and also noted that the appellant had taken treatment as inpatient for 70 days and underwent tracheastomy and surgery for his urinary bladder.
4. Taking into consideration the nature of injuries and the fact that
the appellant was admitted as inpatient for 76 days and underwent tracheastomy and surgery for his urinary bladder, as stated supra, the sum of Rs.1,20,000/- awarded by the Tribunal as compensation towards disability is enhanced to Rs.1,60,000/-. The Tribunal has also awarded a sum of Rs.75,000/- towards future medical expenses and the same is enhanced to Rs.1,00,000/-, in view of the surgeries undergone thereof as disclosed in Exs.P3 to P5. Considering the period of treatment taken by the appellant as inpatient in the hospital and the fact that he would not have attended his work atleast for a period of three months, the sum of Rs.45,000/- awarded by the Tribunal towards loss of income is hereby confirmed. Considering the nature of injuries sustained by the appellant, the compensation awarded by the Tribunal under other heads are just and reasonable and hence the same are hereby confirmed. Thus, the compensation awarded by the
CMA No.1877 of 2020
Tribunal is enhanced from Rs.5,76,700/- to Rs.6,41,700/-, break-up as
follows -
| Sl. No |
Heads under which the amount is awarded |
Amount awarded by the Tribunal – Rs. |
Amount awarded by this Court – Rs. |
|---|---|---|---|
| 1. | Disability | 1,20,000/- | 1,60,000/- |
| 2. | Pain and Suffering | 1,00,000/- | 1,00,000/- |
| 3. | Extra nourishment | 50,000/- | 50,000/- |
| 4. | Transport to hospital | 25,000/- | 25,000/- |
| 5. | Damages to clothes | 1,000/- | 1,000/- |
| 6. | Attender charges | 15,200/- | 15,200/- |
| 7. | Medical expenses | 1,20,447/- | 1,20,447/- |
| 8. | Future Medical expenses |
75,000/- | 1,00,000/- |
| 9. | Loss of Income | 45,000/- | 45,000/- |
| 10. | Loss of Amenities | 25,000/- | 25,000/- |
| Total | 5,76,647/- rounded off to 5,76,700/- |
6,41,647/- rounded off to 6,41,700/- |
5. In total, the appellant / claim petitioner is entitled to a sum of
Rs.6,41,700/- (Rupees Six Lakhs Forty One Thousand Seven Hundred only) alongwith 7.5% interest per annum.
CMA No.1877 of 2020
(i) this Civil Miscellaneous Appeal stands partly allowed,
enhancing the award amount from Rs.5,76,700/- to Rs.6,41,700/- t o the
extent indicated above, alongwith 7.5% interest per annum. No costs.
(ii) the 2nd Respondent/Insurance Company is directed to deposit
the enhanced award amount before the Tribunal, within a period of eight weeks from the date of receipt of a copy of this order, less the amount, if any already deposited.
(iii) on such deposit being made, the appellant is permitted to withdraw the award amount alongwith interest and costs, less the award amount, if any, already withdrawn, by filing necessary application before the Tribunal.
(iv) the claim petitioner/appellant is directed to pay the court fee, if any, on the enhanced compensation amount and the Registry is directed to draft the decree only after the receipt of Court fee.
.03.2024
rgr Index : Yes/No Speaking/Non-speaking order
CMA No.1877 of 2020
RMT.TEEKAA RAMAN, J.
rgr
To
1.The II Judge, Motor Accident Claims Tribunal, Small Causes Court, Chennai.
2.The Section Officer, V.R. Section, High Court, Madras.
Pre-delivery Judgment in C.M.A.No.1877 of 2020
.03.2024
CMA No.1877 of 2020
2 issues framed by the court
Whether compensation awarded by the Motor Accident Claims Tribunal should be enhanced based on medical evidence?
Whether the claim for future medical expenses and loss of income requires adjustment considering the duration of treatment?
1 provisions across 1 enactments
Sibin Thomas
M/s.Aggarwal Transport Organisation No.5
National Insurance Co. Ltd.
MR.JUSTICE RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
