Appeal seeking enhancement of motor accident compensation for a claimant who died during pendency of the appeal. The court restored the Medical Board's 40% permanent disability assessment, enhanced the disability award to Rs.2,40,000 at Rs.6,000 per percentage point, and left other heads undisturbed.
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.
C.M.A.No.2016 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.2016 of 2021
(2nd and 3rd Appellants brought on record as LRs of the deceased sole appellant, vide common order dated 03.12.2024 made in CMP.Nos.21204, 21207 & 21210 of 2024 in CMA.No.2016 of 2021.)
Vs.
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, seeking to allow the appeal and to enhance the compensation awarded in judgment and decree dated 21.10.2019 made in MCOP.No.7828 of 2016 on the file of the Special Court II (Motor Accidents Claims Tribunal), Chennai.
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For Appellants : Mr.N.M.Muthurajan
C.M.A.No.2016 of 2021
For Respondents : Mrs.R.Sreevidhya, for R2 : Notice Dispensed with, for R1
JUDGEMENT
Challenging the judgment and decree dated 21.10.2019 made in MCOP.No.7828 of 2016 on the file of the Special Court II (Motor Accidents Claims Tribunal), Chennai, the appellants are before this Court.
when the claimant, since deceased was proceeding from Arcot to Arni in the motorcycle bearing Regn.No.TN-25-W-5718, a lorry bearing Regn.No.TN-25AP-2277 insured with the 2nd respondent, owned and driven by the 1st respondent in a rash and negligent manner came in the opposite direction and dashed against the motorcycle driven by the claimant, due to which he sustained grievous injuries and got admitted in the hospital. Thereby, the claimant filed a claim petition seeking compensation of Rs.30,00,000/-. Before the tribunal , the claimant examined himself as P.W.1 and marked exhibits P.1
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to P.18 and on the side of respondents no documents were marked and no witness was examined and the Disability certificate was marked as court document Ex.C.1. After trial, th e Tribunal, on appreciation of oral and documentary evidence though came to a conclusion that the accident had taken place solely due to the rash and negligent driving on the part of the 1st respondent, however, awarded a meagre compensation of Rs.7,94,600/-. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellants have come up with this appeal seeking enhancement of compensation.
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the tribunal, without assigning any reason, reduced the same to 35% permanent disability and though the accident is of the year 2016, the tribunal had taken only a sum of Rs.3,000/- per percentage of disability which is very meagre. Learned counsel further submitted that, during the pendency of this appeal, the claimant, who was the sole breadwinner passed away and the legal heirs/dependents of the deceased claimant were impleaded as the 2nd and 3rd appellants. Further, the compensation awarded under other heads are also on the lower side, which necessarily has to be enhanced. Accordingly, he prayed for appropriate orders.
available on record.
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Therefore, this Court is not entering into the said aspect. The major grievances of the Appellants is with regard to the quantum of compensation awarded by the Tribunal. It is claimed by the appellants that, though the accident is of the year 2016, however, the Tribunal had taken had erroneously taken a sum of Rs.3,000/- per percentage of disability. In this regard, this Court perused Ex.C.1, which is the disability certificate issued by the Medical Board and the same reveals that the claimant suffered permanent disability of 40%, however, the tribunal, reduced the same to 35%, which is not based on any material and by erroneously adopting a sum of Rs.3,000/- per percentage of disability, the tribunal awarded a sum of Rs.1,05,000/- alone. However, as per the existing law at the relevant point of time, the Tribunal ought to have fixed a sum of Rs.6,000/- per percentage of disability. Further, when the Medical board, which consists of experts in the field, after examining the claimant, held that the claimant suffered 40% permanent disability, without assigning any reason, reducing the same to 35% is not sustainable. Hence, this Court fixes the
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disability suffered by claimant as 40% and is inclined to fix a sum of Rs.6,000/- per percentage of disability. Therefore, the amount under the head Disability stands enhanced to a sum of Rs.2,40,000/- (40% x Rs.6,000/- = Rs.2,40,000/-).
7. Insofar as the compensation awarded under the other heads are concerned, this Court is of the view that the compensation awarded under other heads are just and reasonable and the same does not requires interference of this Court.
modified as under :-
| Heads | Awarded by the Tribunal (Amount in Rs.) |
Awarded by this Court (Amount in Rs.) |
|---|---|---|
| Disability | 1,05,000/- | 2,40,000/- |
| Pain and sufferings | 35,000/- | 35,000/- |
| Transportation expenses | 13,000/- | 13,000/- |
| Nutritious expenses | 20,000/- | 20,000/- |
| Damages to clothes | 1,000/- | 1,000/- |
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| Heads | Awarded by the Tribunal (Amount in Rs.) |
Awarded by this Court (Amount in Rs.) |
|
|---|---|---|---|
| Attender charges | 13,000/- | 13,000/- | |
| Loss of income | 65,000/- | 65,000/- | |
| Loss of livelihood | 15,000/- | 15,000/- | |
| Medical Expenses | 5,17,543/- | 5,17,543/- | |
| Loss of Marital life | 10,000/- | 10,000/- | |
| Total | 7,94,543/- | 9,29,543/- |
9. Accordingly, the appeal is partly allowed and the impugned award of
the Tribunal is modified enhancing the compensation amount from Rs.7,94,543/- to Rs.9,29,543/- . The 2 nd respondent/Insurance Company is directed to deposit the said amount to the credit of MCOP.No.7828 of 2016 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 four (4) weeks from the date of receipt of a copy of this judgment. In the above enhanced compensation, the 2 nd appellant is entitled to a sum of Rs.5,29,543/- and the 3 rd a ppellant is entitled to a sum of Rs.4,00,000/- with proportionate interest and costs. On such deposit being made, the Tribunal is directed to transfer the said
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amount directly to the bank account of the Appellants through RTGS within a
period of two (2) weeks thereafter, upon production of proof with regard to payment of Court fee on the enhanced compensation by the appellants. It is underscored that the appellants are not entitled to any interest for the default period, if any. There shall be no order as to costs in the present appeal.
11.12.2024
skt Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes / No
To
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C.M.A.No.2016 of 2021
M.DHANDAPANI, J.
skt
C.M.A.No.2016 of 2021
11.12.2024
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1 issue framed by the court
Whether the compensation awarded by the Tribunal for permanent disability required enhancement from Rs.3,000 to Rs.6,000 per percentage of disability and restoration of 40% disability assessed by the
1 provisions across 1 enactments
D.Kamal (Died)
C.Rajeshwari
K.S.Sekarapaandiyan
M.Arumugam
Cholamandalam MS General Insurance Company
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
