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2021 DIGILAW 598 (MAD)

S. Manikandan v. K. Vengadesh

2021-02-22

V.M.VELUMANI

body2021
JUDGMENT : Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 23.10.2019, made in M.C.O.P. No.4839 of 2015, on the file of the Special Sub Judge No.1, Small Causes Court, (Motor Accident Claims Tribunal) Chennai. 1. This appeal has been filed for enhancement of compensation granted by the award dated 23.10.2019, made in M.C.O.P. No.4839 of 2015, on the file of the Special Sub Court No.1, Small Causes Court, (Motor Accident Claims Tribunal) Chennai. 2. The appellant-claimant, filed M.C.O.P. No.4839 of 2015, on the file of the Special Sub Court No.1, Small Causes Court, (Motor Accident Claims Tribunal) Chennai, claiming a sum of Rs.20,00,000/- as compensation for the injuries sustained by him in the accident that took place on 08.05.2015. 3. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by driver of the Van belonging to the 1st respondent and directed the 2nd respondent as insurer of the Van to pay a sum of Rs.1,21,950/- as compensation to the appellant. 4. Not being satisfied with the amounts awarded by the Tribunal in the award dated 23.10.2019, made in M.C.O.P. No.4839 of 2015, the appellant has come out with the present appeal. 5. The learned counsel appearing for the appellant contended that in the accident, the appellant suffered grievous injuries and has taken treatment as in-patient at SRM Hospital. The appellant was referred to the Medical Board. The Regional Medical Board at Government Kilpauk Medical College Hospital, Chennai assessed the appellant and certified that the appellant suffered 5% disability. The Tribunal awarded meagre amount of Rs.15,000/- towards disability at the rate of Rs.3,000/- per percentage for 5% disability. Considering the nature of injuries suffered in the accident and the avocation of the appellant as Driver, the Tribunal ought to have fixed 100% loss of earning power and awarded compensation by adopting multiplier method. The appellant was working as a Driver and was earning a sum of Rs.10,000/- per month at the time of accident. The Tribunal awarded only meagre amounts towards pain and suffering, future prospects, loss of income, attendant charges, transportation and extra nourishment. The Tribunal failed to award any amount towards loss of amenities, future medical expenses and prayed for enhancement of the compensation. 6. The Tribunal awarded only meagre amounts towards pain and suffering, future prospects, loss of income, attendant charges, transportation and extra nourishment. The Tribunal failed to award any amount towards loss of amenities, future medical expenses and prayed for enhancement of the compensation. 6. Per contra, the learned counsel appearing for the 2nd respondent- Insurance Company contended that in the absence of any materials to prove the avocation and income of the appellant, the Tribunal fixed a sum of Rs.8,000/- per month as notional income and awarded compensation towards loss of income for two months. The amounts awarded by the Tribunal under different heads are not meagre. The appellant has not made out any case for enhancement of the compensation and prayed for dismissal of the appeal. 7. Heard the learned counsel appearing for the appellant as well as the 2nd respondent-Insurance Company who appeared through video conference and perused the materials available on record. 8. From the materials on record, it is seen that it is the case of the appellant that in the accident, he suffered blunt injury abdomen, infarct lower pole right kidney and fracture of right 5th and 6th rib in the lateral aspect. He was referred to the Medical Board. The Regional Medical Board at Government Kilpauk Medical College Hospital, Chennai assessed the appellant and certified that the appellant suffered 5% disability. The Tribunal awarded a sum of Rs.15,000/- towards disability at the rate of Rs.3,000/- per percentage for 5% disability, which is meagre. This Court by the judgment reported in 2020 (1) TN MAC 617 [M. Chinnathambi Vs. S.Deepa and another], fixed a sum of Rs.4,000/- per percentage of disability for the accident occurred in the year 2014 & 2015 and a sum of Rs.5,000/- per percentage of disability for the accident occurred from the year 2016 onwards, due to raise in cost of living. In the present case, the accident is of the year 2015. In view of the same, a sum of Rs.4,000/- is awarded per percentage of disability. Hence, the amount awarded by the Tribunal towards disability is enhanced to Rs.20,000/- [Rs.4,000/- x 5%], at the rate of Rs.4,000/- per percentage for 5% disability. For the injuries sustained in the accident, the appellant has taken treatment as in-patient at the SRM Hospital from 08.05.2015 to 20.05.2015, for a period of 13 days. Hence, the amount awarded by the Tribunal towards disability is enhanced to Rs.20,000/- [Rs.4,000/- x 5%], at the rate of Rs.4,000/- per percentage for 5% disability. For the injuries sustained in the accident, the appellant has taken treatment as in-patient at the SRM Hospital from 08.05.2015 to 20.05.2015, for a period of 13 days. The Tribunal has awarded only a meagre sum of Rs.3,250/- towards attendant charges at the rate of Rs.250/- per day for 13 days. Considering the nature of injuries and period of treatment taken by the appellant, the amounts awarded by the Tribunal towards transportation, attendant charges and extra nourishment are enhanced to Rs.10,000/-, Rs.15,000/- and Rs.15,000/- respectively. The Tribunal failed to award any amount towards loss of amenities. Due to the injuries sustained in the accident, the appellant would have suffered inconvenience and discomfort in life. Hence, a sum of Rs.10,000/- is awarded towards loss of amenities. 9. It is the contention of the appellant that at the time of accident, he was working as a Driver and was earning a sum of Rs.10,000/- per month. He failed to prove the same. In the absence of any materials, the Tribunal fixed a sum of Rs.8,000/- per month as notional income, which is meagre. The accident is of the year 2015. The cost of living has increased enormously and salary of even unskilled workers has increased substantially. Hence, a sum of Rs.10,000/- per month, as claimed by the appellant, is fixed as notional income. Due to the injuries sustained in the accident, the appellant would not have worked atleast for a period of three months. Hence, the amounts awarded by the Tribunal towards loss of income is modified to Rs.30,000/- [Rs.10,000/- x 3 months]. The amounts awarded by the Tribunal under other heads are just and reasonable and hence, the same are hereby confirmed. Thus, the compensation awarded by the Tribunal is modified as follows: S. No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted 1. Disability 15,000/- 20,000/- Enhanced 2. Pain and suffering 20,000/- 20,000/- Confirmed 3. Transportation 5,000/- 10,000/- Enhanced 4. Extra nourishment 10,000/- 15,000/- Enhanced 5. Attendant charges 3,250/- 15,000/- Enhanced 6. Medical expenses 32,671/- 32,671/- Confirmed 7. Loss of earnings 16,000/- 30,000/- Enhanced 8. Loss of future prospects 20,000/- 20,000/- Confirmed 9. Disability 15,000/- 20,000/- Enhanced 2. Pain and suffering 20,000/- 20,000/- Confirmed 3. Transportation 5,000/- 10,000/- Enhanced 4. Extra nourishment 10,000/- 15,000/- Enhanced 5. Attendant charges 3,250/- 15,000/- Enhanced 6. Medical expenses 32,671/- 32,671/- Confirmed 7. Loss of earnings 16,000/- 30,000/- Enhanced 8. Loss of future prospects 20,000/- 20,000/- Confirmed 9. Loss of amenities - 10,000/- Granted Total 1,21,921/- rounded off to 1,21,950/- 1 72,671/- rounded off to 1,72,700/- Enhanced by Rs.50,750/- 10. In the result, the appeal is partly allowed and the amount awarded by the Tribunal at Rs.1,21,950/- is enhanced to Rs.1,72,700/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The 2nd respondent-Insurance Company is directed to deposit the award amount, now determined by this Court, along with interest and costs, within a period of six weeks from the date of receipt of a copy of this judgment, to the credit of M.C.O.P. No.4839 of 2015. On such deposit, the appellant is permitted to withdraw the award amount, now determined by this Court, along with interest and costs, after adjusting the amount, if any already withdrawn, by filing necessary applications before the Tribunal. No costs.