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2022 DIGILAW 1072 (MAD)

V. Subramanian v. D. Johnson Joseph

2022-05-06

RMT.TEEKAA RAMAN

body2022
JUDGMENT (Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the fair and decreetal order, dated 31.10.2019 made in M.C.O.P.No.233 of 2018, on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.) 1. Claim petitioner is the appellant herein. This appeal has been filed seeking enhancement of award passed in M.C.O.P.No.233 of 2018. 2. The manner of the accident, the factum of the accident and the negligence on the part of the offending vehicle, ie., the driver of the first respondent's vehicle are not in dispute. Hence, the same are hereby confirmed. 3. On the point of quantum of compensation both the parties are heard. 4. The offending vehicle is duly insured with the second respondent. 5. The claim petitioner/appellant has filed the above M.C.O.P.No. 233 of 2018 seeking compensation for the injuries sustained on the road transport accident happened on 05.03.2016. 6. Before the tribunal, the plaintiff examined himself as PW1 and marked Ex.P1 to Ex.P16 and Court document was marked as Ex.X1. On behalf of the defendants, no documents have been marked and nobody was examined. 7. With regard to the quantum of compensation, he had filed Ex.P6-wound certificate and Ex.P8-discharge summary issued by the Vellammal Medical College Hospital, Ex.P9-medical report issued by the Aravind Eye Hospital and prescriptions are marked under Ex.P12. The medical board had issued disability certificate under Ex.X1. As per the disability certificate, 59% permanent disability has been fixed by the Medical Board. 8. From Ex.P8-discharge summary, it is seen that there is skull fracture and subsequently, he underwent surgery on 10.03.2016 and he was found to have loss of vision and hence, he was referred to Madurai Aravind Eye Hospital wherein he had given treatment as could be seen from Ex.P9. From the documents filed it is seen under two spell he was treated as inpatient, the first spell between 06.03.2016 and 24.03.2016 and the second spell between 10.05.2017 and 17.05.2017. Ex.P10, P11 and P13 are medical bills to the tune of Rs.2,01,932/-. The Medical Board at Rajaji Medical College Hospital at Madurai has assessed the permanent disability at 59% wherein it is specifically mentioned that on the right eye, the claim petitioner had lost 40% of the vision and also noted that there is skull fracture resulted in perennial treatment. 9. The Medical Board at Rajaji Medical College Hospital at Madurai has assessed the permanent disability at 59% wherein it is specifically mentioned that on the right eye, the claim petitioner had lost 40% of the vision and also noted that there is skull fracture resulted in perennial treatment. 9. The injured is aged about 66 years at the time of accident. Taking the notional income at Rs.7,500/- for the period of six months it comes to Rs.7,500 x 6=Rs.45,000/-, hence, the compensation granted under the head 'for loss of income during the treatment period' is modified from Rs.42,000/- to Rs.45,000/-. Under the head 'pain and suffering', separate compensation have been granted in respect of skull injury, loss of vision and the accidental pain and suffering thereon, hence the compensation granted under the head 'for pain and suffering' are hereby confirmed. Medical Bills to the tune of Rs.2,01,932/- as per Ex.P10, P11 and P13 is also confirmed. For partial permanent disability at the rate of Rs.3000/- per percentage, for 59% [Rs.3000x59=Rs. 1,77,000] of disability a sum of Rs.1,77,000/- was granted is hereby confirmed. For the 'loss of amenities' since it is a vision is affected on the right eye, I am inclined to grant Rs.50,000/- towards 'loss of amenities', Rs.25,000/- towards 'nutrition and extra-nourishment' and Rs. 30,000/- 'for transportation'. Since he was taken treatment as inpatient for nearly 40 days, 'attender charges' is fixed at Rs.25,000/-. In view of the recitals in Ex.X1 that he needs future treatment for his eye, 'future medical expenses' of Rs.40,000/- is fixed and accordingly, the compensation is enhanced from Rs.5,25,932/- to Rs.6,73,932/- with interest at the rate of 7.5% per annum. 10. Accordingly, the compensation awarded by the Tribunal is modified as under: S. No. Description Amount awarded by Awarded by this Court Tribunal This Court 1. For loss of income Rs.42,000/- Rs.45,000/- Enhanced 2. For pain and suffering (head injury) Rs.50,000/- Rs.50,000/- Confirmed 3. For pain and suffering (for vision) Rs.30,000/- Rs.30,000/- Confirmed 4. Medical Bills as per Ex.P10, P11 and P13 [1,09,990 + 6,000 +85,942] Rs.2,01,932/- Rs.2,01,932/- Confirmed 4. For partial permanent disability [59 x 3000] Rs.1,77,000/- Rs.1,77,000/- Confirmed 5. For transportation Rs.10,000/- Rs.50,000/- Enhanced 6. For nutrition and extra-nourishment Rs.15,000/- Rs.30,000/- Enhanced 7 For loss of amenities --- Rs.25,000/- Granted 8 For attender charges --- Rs.25,000/- Granted 9 Future medical expenses --- Rs.40,000/- Granted Total Compensation Rs.5,25,932/- Rs.6,73,932/- Enhanced 11. For partial permanent disability [59 x 3000] Rs.1,77,000/- Rs.1,77,000/- Confirmed 5. For transportation Rs.10,000/- Rs.50,000/- Enhanced 6. For nutrition and extra-nourishment Rs.15,000/- Rs.30,000/- Enhanced 7 For loss of amenities --- Rs.25,000/- Granted 8 For attender charges --- Rs.25,000/- Granted 9 Future medical expenses --- Rs.40,000/- Granted Total Compensation Rs.5,25,932/- Rs.6,73,932/- Enhanced 11. In fine, (i) this Civil Miscellaneous Appeal stands allowed enhancing the compensation from Rs.5,25,932/- to Rs.6,73,932/- with interest at the rate of 7.5% per annum, from the date of petition till the date of realisation. No Costs. (ii) the 2nd Respondent/insurance company is directed to deposit the modified enhanced award amount to the credit of M.C.O.P.No.233 of 2018 on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur, within a period of eight weeks from the date of receipt of a copy of this order, less the amount, if any already deposited. (iii) On such deposit being made, the appellant/claimant is permitted to withdraw the entire award amount with proportionate accrued interest and costs, less the award amount, if any, already withdrawn, by filing necessary application before the Tribunal. (iv) The appellant/claimant is directed to pay the court fee, if any, for the enhanced compensation amount and the Registry is directed to draft the decree only after the receipt of Court fee.