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2020 DIGILAW 1247 (MAD)

G. Manikandan v. P. Krishnamurthy

2020-08-13

ABDUL QUDDHOSE

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JUDGMENT : (Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 06.07.2012 in M.C.O.P.No.3946 of 2009 on the file of the Motor Accident Claims Tribunal, (VIth Judge, Court of Small Causes) Chennai.) (This case was heard through Video Conferencing) 1. This appeal has been filed by the claimants seeking enhancement of compensation under the impugned Award dated 06.07.2012 passed by the Motor Accident Claims Tribunal (VIth Judge, Court of Small Causes) Chennai in MCOP.No.3946 of 2009. 2. Heard Mr. S. Gangaram Prasad, learned counsel for the Appellant and Mr. S. Arun Kumar, learned counsel for the second respondent. The first respondent has remained exparte both before the Tribunal as well as before this Court. 3. The Appellant/claimant unsatisfied with the quantum of compensation awarded by the Tribunal has filed this appeal seeking enhancement. 4. The details of the compensation awarded by the Tribunal under the impugned Award are as follows: Loss of income for three months at the rate of Rs.4,500/- p.m. Rs.13,500/- Transportation Rs.10,000/- Extra nourishment Rs.7,000/- Medical expenses Rs.22,523/- Damage to clothes Rs.500/- Attender charges Rs.4,000/- Pain and suffering Rs.40,000/- Disability of 45% at Rs.2,000/- per percentage Rs.90,000/- Total Rs.1,87,523/- 5. The adverse finding of the negligence as against the driver of the insured vehicle has now attained finality since no appeal has been filed by the respondents against the said finding. The only question that arises for consideration in this appeal is whether the Appellant/claimant is entitled for enhancement of compensation or not. 6. Before the Tribunal, the Appellant/claimant has filed 11 documents which were marked as Exs.P1 to P11 and two witnesses were examined on his side namely, the Appellant/claimant himself as PW1 and the Doctor who examined him as PW2. On the side of the respondents, neither any document was filed nor any witness examined before the Tribunal. 7. The Appellant/claimant sustained multiple fractures in his right leg and bruises and laceration all over his body. The Doctor who was examined as PW2 has assessed the disability of the Appellant/claimant at 45%. The Tribunal has awarded Rs.90,000/- as disability compensation calculated at the rate of Rs.2,000/- per percentage of disability. 8. 7. The Appellant/claimant sustained multiple fractures in his right leg and bruises and laceration all over his body. The Doctor who was examined as PW2 has assessed the disability of the Appellant/claimant at 45%. The Tribunal has awarded Rs.90,000/- as disability compensation calculated at the rate of Rs.2,000/- per percentage of disability. 8. This Court after giving due consideration to the avocation of the Appellant/claimant who was a load man and the year of the accident is of the opinion that the disability compensation awarded by the Tribunal in favour of the Appellant/claimant is low. In the considered view of this Court, the disability compensation will have to be calculated at Rs.3,000/- per percentage of disability instead of Rs.2,000/- per percentage of disability fixed by the Tribunal. Accordingly, for 45% disability suffered by the Appellant/claimant, the disability compensation is assessed by this Court is Rs.1,35,000/- instead of Rs.90,000/- fixed by the Tribunal. 9. This Court has also examined the quantum of compensation awarded by the Tribunal under various other heads. Insofar as the compensation awarded by the Tribunal under the heads transportation cost, medical expenses and pain and suffering are concerned, the same is a just compensation and does not call for any interference by this Court. 10. The monthly income of the Appellant/claimant assessed by the Tribunal at Rs.4,500/- is low and considering the year of the accident and his avocation, it has to be enhanced to Rs.6,000/-. 11. The compensation awarded under the head Loss of income during the period of treatment assessed by the Tribunal was Rs.13,500 calculated for a period of three months at Rs.4,500 per month is low in the considered view of this Court. It has to be enhanced to Rs.36,000/- calculated for a period of 6 months at Rs.6,000/- per month. 12. Insofar as other heads also namely extra nourishment charges, damage to clothing and attender charges are concerned, this Court is of the considered view that the compensation awarded by the Tribunal is low and it has to be necessarily enhanced to Rs.10,000/-, Rs.1,000/- and Rs.10,000/- respectively. 13. The Appellant/claimant has sustained multiple fractures and he was hospitalized for a total period of 40 days as seen from the discharge summaries Exs.P3, P4 and P5 which have also not been disputed by the respondents before the Tribunal. 13. The Appellant/claimant has sustained multiple fractures and he was hospitalized for a total period of 40 days as seen from the discharge summaries Exs.P3, P4 and P5 which have also not been disputed by the respondents before the Tribunal. Since the Appellant was hospitalized for a long period of time, the compensation awarded has to be enhanced by this Court under the heads namely (a) loss of income during the period of treatment, (b) extra nourishment charges, (c) attender charges and (d) damage to clothing and articles. 14. Accordingly, this Court enhances from Rs.1,87,523/- to Rs.3,09,523/- in the following manner. Loss of income for six months at the rate of Rs.6,000/- p.m. Rs.36,000/- Transportation Rs.10,000/- Extra nourishment Rs.10,000/- Medical expenses Rs.32,523/- Loss of amenities to life Rs.25,000/- Damage to clothes Rs.1,000/- Attender charges Rs.10,000/- Pain and suffering Rs.50,000/- Permanent disability Rs.1,35,000/- Total Rs.3,09,523/- 15. The respondents 1 and 2 are directed to deposit the modified award amount of Rs.3,09,523/- together with interest at the rate of 7.5% per annum from the date of claim till the date of realisation, after deducting the amount already deposited if any, to the credit of MCOP No.3946 of 2009 on the file of the Motor Accident Claims Tribunal, (VIth Judge, Court of Small Causes) Chennai, within a 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. The requisite Court fee, if any shall be paid by the appellant before receiving the copy of this Judgment. No costs.