J.Subbarayalu v. K.Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2015

CORAM

THE HONOURABLE MS. JUSTICE K.B.K.VASUKI C.M.A.Nos.1521 and 1522 of 2000 J.Subbarayalu .. Appellant in C.M.A.No.1521/2000/ Claimant N.R.Narayanan .. Appellant in C.M.A.No.1522/2000/ Claimant Vs.

1.K.Srinivasan (Set exparte in lower court) 2.National Insurance Company Limited, No.378, Mint Street, Chennai - 600 079.

.. Respondents in both the CMAs'

Prayer: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act-1988 against the judgment and decree dated 20.06.2000 made in MACT.O.P.Nos.3872 of 1996 and 893 of 1997 on the file of the III Judge, Motor Accidents Claims Tribunal (Court of Small Causes), Chennai.

For Appellant : Mrs.Salim Fathima for Mr.M.Swamikannu in both CMAS For Respondents : Mr.S.Vadivel for R2 in both CMAS COMMON JUDGMENT For the sake of convenience, the parties are referred to as per their rank in the Tribunal.

2. C.M.A.Nos.1521 and 1522 of 2000 are filed by the injured in the accident, occurred on 16.11.1996, claiming enhancement of compensation of Rs.42,500/- and Rs.70,000/- respectively, awarded against the total claim of Rs.2,00,000/- and Rs.4,00,000/- respectively. As far as the claim for enhancement of compensation made by the claimant-injured in M.C.O.P.No.3872 of 1996, who is the appellant in C.M.A.No.1521 of 2000 by name J.Subbarayalu, considering the nature of injuries sustained by him i.e. Contusion,

the nature and period of treatment undergone by him, his nature of avocation and monthly income, this Court is of the view that sum of Rs.42,500/- awarded by the Tribunal is just and reasonable and warrants no enhancement.

3. Regarding the claim for enhancement made in C.M.A.No.1522 of 2000 by the claimant in M.C.O.P.No.893 of 1997 by name, N.R.Narayanan, the Tribunal awarded the compensation as follows: Permanent disability of 50% - Rs.50,000/- Pain and suffering - Rs.10,000/- Medical Expenses - Rs. 5,000/- Extra Nourishment and loss of income during Treatment period - Rs. 5,000/- -------------- Total Rs.70,000/- --------------

4. The facts involved in the present case the oral evidence of injured as PW2 and his Doctor as PW3 and the medical records produced as Ex.P6-Accident Registrar, Ex.P7-Hospital card, Ex.P.8. Medical bills, Ex.P14-X-ray, Ex.P.12-Discharge summary and Ex.P.13Disability Certificate issued by P.W.3, Dr.Thiyagarajan would go to show that the injured sustained multiple fractures in right hand shoulder bone and right side rib bones, besides other multiple internal and external injuries all over the body and damages caused to lungs, heart and internal organs and he was treated in Government General Hospital, Madras for more than 22 days and in spite of the treatment given to him, he was not fully recovered and fracture was mal-united, resulting in 70% permanent disability and 50% functional disability.

The claimant was, before the accident, aged about 42 years and was employed as Mastry and was doing loading and unloading at Kothawal Bazaar and according to him, he was earning Rs.6,000/- to Rs.7,000/- per month. The evidence of P.W.2 and P.W.3 would no doubt establish his functional disability to the extent referred to by the doctor, resulting in loss of earning capacity and loss of future earning.

5. As rightly argued by the learned counsel for the appellant, considering the nature of the injuries sustained by him, nature of duration of treatment undergone the degree of permanent disability and functional disability, sustained by the injured nature of his avocation and his inability to do the same as before, this Court is of the view that the compensation awarded by the Tribunal is too low and the same requires reasonable enhancement and award of reasonable compensation under few other heads.

6.As rightly pointed out by the learned counsel for the appellant, it is a fit case wherein the multiplier method can be adopted for determining the quantum of loss of future earning and for the said purpose, the income can be fixed at Rs.4,000/-p.m. and the multiplier to be adopted for the age group is '14' and the loss

of earning capacity is determined as follows : 4,000X12X14X50/100= 3,36,000/- 7.For the reasons stated above, this Court is inclined to award the compensation to the injured/claimant in C.M.A.No.1522 of 2000 as follows:

Loss of income during treatment period - Rs. 15,000/- Extra Nourishment and Transport to Hospital - Rs. 10,000/- Pain and suffering - Rs. 25,000/- Medical Expenses - Rs. 10,000/- Loss of amenities - Rs. 50,000/- Loss of earning capacity - Rs.3,36,000/- ---------------- Total - Rs.4,46,000/- ----------------- The enhanced amount is payable with interest at 7.5% p.a from the date of petition till the date of deposit.

8. In the result, C.M.A.No.1521 of 2000 is dismissed and confirming the award passed by the Tribunal.

9.In the result, CMA.No.1522 of 2000 is allowed by enhancing the compensation from Rs.70,000/- to Rs.4,46,000/- payable with interest at 7.5% p.a from the date of petition till the date of deposit. The 2nd respondent/Insurance Company is directed to deposit the entire amount within a period of four weeks from the date of receipt of a copy of this judgment. The additional court fee, if any shall be paid within a period of two weeks from the date of receipt of copy of this judgment. On such deposit of amount into Court, the claimant is permitted to withdraw the entire amount with interest and costs, if any, on due cheque application. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar vsm To The Motor Accidents Claims Tribunal (Court of Small Causes), Chennai.

Copy to The Section Officer VR Section, High Court, Madras 2 ccs to Mr.S. Vadivel, Advocate, Sr. 45341, 45342 C.M.A.Nos.1521 and 1522 of 2000 KSJ (CO) kk 20/10