Dr. Akbar v. The Commandant Battalin 5
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.No.2237 of 2015 Dr.Akbar .. Appellant/Petitioner Vs.
The Commandant Battalin 5 Avadi Vaishnavi nagar Avadi, Chennai-54.
.. Respondent/Respondent Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 07.11.2014 made in M.C.O.P.No.1173 of 2008 on the file of the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai.
For Appellant : Mr.C.B.Santhosh Kumar For Respondent : Mr.A.Dev Narendran Govt. Advocate (CS)
J U D G M E N T
The Civil Miscellaneous Appeal is filed by the appellant/claimant seeking enhancement of compensation granted by the Tribunal in the award dated 07.11.2014 made in M.C.O.P.No.1173 of 2008 on the file of the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai.
2.The appellant is claimant in M.C.O.P.No.1173 of 2008 on the file of the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai. He filed the said claim petition claiming a sum of Rs.12,00,000/- as compensation for the injuries sustained by him in the accident that took place on 11.12.2007. The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the jeep belonging to the respondent and directed the respondent to pay a sum of Rs.3,55,000/- as compensation to the appellant. Not being
satisfied with the amount awarded by the Tribunal, the appellant has come out with the present appeal seeking enhancement of compensation.
3.The learned counsel appearing for the appellant/claimant contended that P.W.2 and P.W.3/Doctors assessed the total disability of the appellant at 85% and the Tribunal without considering the same, erred in fixing only 60% disability. The appellant was working as a lecturer in Raghas Dental College and was earning a sum of Rs.10,000/- per month and was also earning a sum of Rs.15,000/- by running private clinic. The Tribunal without considering the same, fixed meagre amount as his salary. Due to the injuries sustained by him in the accident, his earning power is affected and he could not do the work as he was doing earlier. The Tribunal erred in awarding only a sum of Rs.30,000/- towards loss of earning for 3 months. The amounts awarded by the Tribunal under other heads are meagre and prayed for enhancement of compensation.
4.Per contra, the learned Government Advocate (CS) appearing for the respondent contended that the appellant has not proved that due to the injuries sustained by him in the accident, he lost his income. The Tribunal after considering all the materials available on record in proper perspective, has awarded compensation, which is not meagre. The appellant has not made out any case for enhancement of compensation and prayed for dismissal of the appeal.
5.Heard the learned counsel appearing for the appellant as well as the respondent and perused all the materials available on record.
6.From the materials available on record, it is seen that the appellant has contended that he was working as a lecturer in Raghas Dental College and was earning a sum of Rs.10,000/- per month and was also earning a sum of Rs.15,000/- by running private clinic. The Tribunal fixed a sum of Rs.10,000/- as monthly income of the appellant and awarded a sum of Rs.30,000/- towards loss of income for three months, which is meagre. This Court awards a sum of Rs.60,000/- towards loss of income for six months. P.W.2 and P.W.3/Doctors assessed the total disability of the appellant at 85% and the Tribunal reduced the same to 60%. The same is erroneous. The appellant is entitled to compensation for 85% disability. The amount awarded by the Tribunal towards disability is modified to Rs.1,70,000/- (Rs.2,000/- X 85%) by awarding a sum of Rs.
2,000/- per percentage. The amounts awarded by the Tribunal towards transportation, extra nourishment and loss of amenities are meagre. Considering the nature of injuries sustained by the appellant and period of treatment taken by him, this Court enhances a sum of Rs.10,000/-, Rs.15,000/- and Rs.
of amenities respectively. The amounts awarded by the Tribunal under other heads are just and reasonable and the same are 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.
Loss of income 30,000 60,000 Enhanced 2.
Transportati on 7,000 10,000 Enhanced 3.
Extra nourishment 7,000 15,000 Enhanced 4.
Damage to clothes 1,000 1,000 Confirmed 5.
Medical expenses 65,000 65,000 Confirmed 6.
Future medical expenses 25,000 25,000 Confirmed 7.
Attendant charges 15,000 15,000 Confirmed 8.
Loss of amenities of life 35,000 50,000 Enhanced 9.
Pain and suffering 50,000 50,000 Confirmed 10.
Disability 1,20,000 1,70,000 Enhanced Total 3,55,000 4,61,000 Enhanced by Rs.1,06,000/ - 7.In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.3,55,000/- is hereby enhanced to Rs.4,61,000/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The appellant/claimant is directed to pay necessary Court fee, if any, on the enhanced compensation. The respondent is directed to deposit the entire award amount now determined by this Court along with interest and costs, less the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the appellant/claimant is permitted to withdraw
the entire award amount, along with interest and costs, less the amount if any, already withdrawn. No costs.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar kj To 1.The II Judge Small Causes Court Motor Accidents Claims Tribunal, Chennai.
+1 cc to Mr.C.B.Santhosh Kumar Advocate sr42361 +1 cc to Special Government Pleader HighCourt Madras sr43040 C.M.A.No.2237 of 2015 ca(co) aa23/09/2019