The appellant sought enhancement of compensation in a motor accident claim. The Court enhanced disability compensation from Rs.1,20,000 to Rs.1,60,000 and loss of income from Rs.18,000 to Rs.26,000, increasing the total award to Rs.5,89,476/-.
Enhancement of compensation from Rs.5,41,476/- to Rs.5,89,476/- directed to be deposited by the Insurance Company.
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.2550 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.04.2024
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A. No.2550 of 2021
Gunasekaran ... Appellant vs. 1. Arun Agencies, No.10 M, Eswara Nagar, K. Vadamadurai, Coimbatore. (Notice for R1 may be dispensed with for the time being and separate petition is filed for the same)
Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 to set aside the order made in M.C.O.P. No.363 of 2013 on the file of the Motor Accident Claims Tribunal cum IV Additional District Judge, Erode District at Bhavani, dated 22.11.2017 and for enhancement of compensation.
For Appellant : Mr.C. Kulanthaivel For Respondents : R1 - Exparte Mr.K. Padmanabhan for R2
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JUDGMENT
This appeal has been filed by the claimant seeking enhancement of
compensation. The findings rendered by the Tribunal with regard to the negligence has attained finality as no appeal has been filed by the Insurance Company challenging the adverse findings with regard to the negligence.
Insurance Company to pay a total compensation of Rs.5,41,476/- to the
appellant as detailed hereunder :-
Heads Amount awarded
by the Tribunal
(Rs.)
Compensation towards 1,20,000
Disability
Compensation towards pain 30,000
and sufferings
Compensation towards 3,23,476
medical bills
Compensation towards Future 30,000
Medical expenses
Compensation towards extra 10,000
nourishment
Compensation towards 10,000
transportation
Loss of income during 18,000
treatment
Total 5,41,476/-
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/ Insurance Company. The 1 st respondent has remained ex-parte both before the Tribunal as well as this Court.
passed by the Tribunal.
1) Closed comminuted fracture shaft of (Rt) femur mid third and distal third
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2) Comminuted fracture both bone (Rt) leg mid third and distal 3rd
3) Laceration ver (Rt) skin of 1g and posterior aspect of distal 3rd leg.
in the hospital, as seen from the discharge summary (Ex.P9) :-
Treatment taken on 05.04.2013
3) Wound debridement for lacerated wounds
Treatment taken on 12.04.2013
1) Wound debridement, muscle flap and SSG
compensation of Rs.1,20,000/- towards the appellant's / claimant's disability, calculated at Rs.3,000/- per percentage of disability for the 40% disability suffered by the appellant / claimant. The accident happened in the year 2013. This Court is of the considered view that even though the Tribunal has rightly assessed the disability, the Tribunal ought to have awarded compensation at Rs.4,000/- per percentage of
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disability as the accident happened in the year 2013. Accordingly, this Court enhances, the disability compensation payable to the appellant / claimant from Rs.1,20,000/- to Rs.1,60,000/-, calculated at Rs.4,000/- per percentage of disability for the 40% disability suffered by the appellant / claimant. The appellant / claimant was a Coolie (Labourer) at the time of the accident. He had claimed that he was earning Rs.9,000/-p.m. at the time of the accident. The Tribunal has awarded a compensation of Rs.18,000/- towards loss of income during the treatment period to the appellant / claimant. As (Labourer) Coolie, the appellant / claimant would have certainly earned Rs.6,500/-p.m. in the year 2013. This Court after giving due consideration to the nature of injuries sustained by the appellant / claimant, the period of his hospitalisation and the time spent for medical treatment subsequent to his discharge from the hospital is of the considered view that the loss of income granted by the Tribunal at Rs.18,000/- is low. This Court is of the considered view that atleast for a period of four months considering the nature of injuries sustained by the appellant / claimant, the appellant / claimant would have been unable to perform his regular employment. Therefore, this Court fixes the notional monthly income of the appellant / claimant at Rs.6,500/-p.m. and if loss of income is calculated for a period of four months, the total 5/9
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compensation payable to the appellant / claimant towards loss of income would be Rs.6,500/- x 4 = Rs.26,000/-. Accordingly, the loss of income granted by the Tribunal at Rs.18,000/- is enhanced to Rs.26,000/- by this Court.
(Series).
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| Heads | Amount Awarded by the Tribunal in Rs. |
Amount Awarded by this Court in Rs. |
|---|---|---|
| Compensation towards Disability |
1,20,000 | 1,60,000 |
| Compensation towards pain and sufferings |
30,000 |
30,000 |
| Compensation towards medical bills |
3,23,476 |
3,23,476 |
| Compensation | 30,000 | 30,000 |
| towards Future Medical expenses |
||
| Compensation towards extra nourishment |
10,000 |
10,000 |
| Compensation towards transportation |
10,000 | 10,000 |
| Loss of income duringtreatment |
18,000 |
26,000 |
| Total | 5,41,476/- | 5,89,476 |
by enhancing the compensation from Rs.5,41,476/- to Rs.5,89,476/-. No
Costs.
of deposit and cost, to the credit of M.C.O.P.No.363 of 2013, within a
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period of four weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the appellant /claimant through RTGS, within a period of two weeks thereafter. Necessary Court fee, if any has to be paid by the appellant / claimant before receiving the copy of this Judgment.
10.04.2024
Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2
To
2.The Section Officer, V.R. Section, High Court of Madras, Chennai – 104.
ABDUL QUDDHOSE, J.
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10.04.2024
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1 issue framed by the court
Whether the compensation awarded by the Tribunal for disability and loss of income was inadequate and required enhancement?
1 provisions across 1 enactments
Gunasekaran
Arun Agencies
National Insurance Company Ltd.
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
