The High Court of Madras disposed of an appeal against a motor accident compensation award. The Court found no infirmity in the Tribunal's assessment of compensation heads, including pain and suffering and loss of earning, confirming the award and dismissing the appeal.
Civil Miscellaneous Appeal dismissed; Tribunal's award of Rs.23,16,995/- confirmed.
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.2030 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A.No.2030 of 2024
S. Mugilan
... Appellant
Vs.
... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment dated 31.01.2023 made in M.C.O.P.No.3163 of 2017 on the file of the Motor Accident Claims Tribunal (II Court of Small Causes), Chennai.
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For Appellant : Mr.K. Varadha Kamaraj
For 2nd Respondent : Mr.R.Sivakumar for Mr.G.Sekar Mari
JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J)
The appellant/claimant, has filed this appeal against the award dated 31.01.2023 passed in M.C.O.P.No.3163 of 2017 on the file of the the Motor Accident Claims Tribunal (II Court of Small Causes), Chennai.
2.The case in brief, is as follows:
On the fateful day, i.e. on 02.04.2017 at about 16:15 hours, while the petitioner was riding a motor cycle bearing Registration No.PY-01BL-4389 proceeding from North to South at left side of the Puducherry - Gingee Road, near Canara Bank, Puducherry, at the time a bus bearing Registration No.PY-01-U-1112 driven by its driver in a very rash and negligent manner and endangering the public safety came from behind and hit the above-said motor cycle. Due to the impact, the appellant herein sustained multiple and grievous injuries. The appellant/claimant
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has filed a claim petition before the Tribunal seeking compensation of Rs.85,00,000/-.
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C.M.A.No.2030 of 2024
disability. The Tribunal ought to have awarded just compensation under the said head considering the expert evidence (P.W.2). He would further state that the Tribunal went wrong in not awarding any amount towards loss of earning power of the appellant, future medical expenses and loss of marriage prospects. He would further state that the Tribunal erred in fixing a sum of Rs.10,000/- as monthly income of the appellant. It is submitted that the Tribunal awarded a very meager amount of compensation towards pain and sufferings, loss of earnings of the appellant during the treatment period and loss of amenities.
respondent/Insurance Company submitted that the alleged accident had taken place only due to rash and negligent driving of the rider of the Motor Cycle bearing Registration No.PY-01-BL-4389 proceeding from North to South and hit the Bus bearing Registration No.PY-01-U-1112 which was proceeding in the same direction on eastern side and caused the accident. The rider of the Motorcycle was only instrumental to the accident and hence, the Insurance Company is not liable to pay compensation. The appellant, having committed the accident, is not
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entitled to any compensation. Hence, he would pray to dismiss the appeal.
the second respondent/Insurance Company and perused the entire materials available on record.
appellant that the Tribunal went wrong in not awarding any amount towards disability is concerned, the appellant has suffered crush injury
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with extensive degloving injury lower back/both gluteal region and posterolateral aspect of upper and middle third of right thigh, complete perineal tear with complete avulsion of anorectal complex, fracture of pelvis, severe head injury and multiple injuries all over the body. On reference to the Medical Board, the Doctors of the Medical Board has assessed that the petitioner had sustained 'Nil' disability. Hence, the Tribunal has not awarded any amount under the said-head, which in our opinion is fair and proper. In so far as the pain and sufferings is concerned, as per the disability certificate, the appellant had sustained Nil disability and as per the contents of the document under Ex.P3 to Ex.P5, he has taken treatment at SIMS from 03.04.2017 to 27.05.2017, 05.02.2018 to 07.02.2018 and 23.03.2018 to 28.03.2018. Hence, the Tribunal has awarded a sum of Rs.1,00,000/- towards pain and sufferings and this Court is not inclined to interfere with the same.
12. With regard to the contention of the learned counsel for the appellant that the Tribunal erred in fixing a sum of Rs.10,000/- as monthly income of the appellant is concerned, the appellant has not
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produced any document for the avocation and his income and hence, the Tribunal, relying upon the judgment of the Hon'ble Supreme Court in
Syed' Sadiq and Others Vs. Divisional Manager United India Insurance Company Limited reported in 2014 (1) TNMAC 459 , fixed a sum of Rs.10,000/- per month and awarded a sum of Rs.30,000/- towards loss of earning during treatment, which in our opinion is just and reasonable.
13. Further, the amount awarded under other heads viz., a sum of Rs.1,00,000/- towards Loss of Amenities, a sum of Rs.20,000/- towards Attendant Charges, a sum of Rs.20,000/- towards Transportation Charges and a sum of Rs.20,000/- towards Extra Nourishment are just and fair compensation over which, we refuse to interfere.
14. We do not find any infirmity or illegality in the said findings of the Tribunal, warranting interference by this Court. Therefore, we are of the opinion that the award passed by the Tribunal has to be confirmed.
J. NISHA BANU, J.
and R. SAKTHIVEL, J.
asi
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decree and judgment passed by the Tribunal in M.C.O.P.No.3163 of 2017
dated 31.01.2023 is confirmed. There shall be no order as to costs.
(J.N.B., J.) (R.S.V., J.) 05.12.2024
asi
To
The Motor Accident Claims Tribunal (II Court of Small Causes), Chennai.
C.M.A.No.2030 of 2024
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2 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal regarding the appellant's disability and loss of earning power requires interference by this Court.
Whether the Tribunal erred in fixing the appellant's monthly income at Rs.10,000/- in the absence of documentary evidence.
Colour shows how this judgement treated each authority
Syed' Sadiq and Others Vs. Divisional Manager United India Insurance Company LimitedRelied on¶58
Syed' Sadiq and Others Vs. Divisional Manager United India Insurance Company Limited reported in 2014 (1) TNMAC 459
1 provisions across 1 enactments
S. Mugilan
D.Codandabany @ Elumalai
Manager, The New India Assurance Company Limited
J.Nisha Banu
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
