M. Jayachandiran v. K. Kannan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2016
CORAM:
THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.1512 of 2014 M.Jayachandiran ... Appellant / Claimant versus
1. K.Kannan ... 1st respondent/Owner
2. The Manager, IFFCO - Tokio General Insurance Company Limited, No.28, 1st and 2nd Floor, North Usman Road, T.Nagar, Chennai - 17.
(1st respondent remained ex parte before the Tribunal) ... 2nd respondent/Insurer Prayer : This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and decree dated 08.12.2011 made in M.C.O.P.No.871 of 2007 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Kanchipuram. For Appellant : Mr.C.Prabakaran For R1 : Ex parte For R2 : Mr.C.R.Krishnamoorthy
JUDGMENT
M.Jayachandiran, the claimant, aged about 40 years, employed as LIC agent, earning a sum of Rs.10,000/- p.m., met with an accident on 22.09.2007 and sustained fractures and grievous injuries, in respect of which, he made a claim petition before the Motor Accident Claims Tribunal (Subordinate Judge), Kanchipuram, claiming compensation of Rs.10,00,000/-. As against the claim of Rs.10,00,000/-, the Tribunal has awarded compensation of Rs.92,022/- with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit. The break-up details of the compensation reads as under:
Partial permanent disability - Rs. 80,000/- Pain and sufferings - Rs. 5,000/- Damages to the vehicle - Rs. 7,022/- ___________ Total - Rs. 92,022/- ___________ Challenging the quantum of the compensation as inadequate, the claimant has filed the present appeal seeking enhancement of compensation.
2. A perusal of the award passed by the Tribunal would go to show that many heads of compensation as claimed by the claimant had not been considered by the Tribunal. In case of injury, the Tribunal should have considered the claim upon the ground of medical expenses, transport expenses, loss of enjoyment, cost of attendant, nutrition and loss of income during the period of treatment. Hence, the amount awarded by the Tribunal has to be enhanced.
3. The Tribunal should have considered those amounts taking into account the nature of injuries, period of treatment, nature of disability suffered and the impact of disability upon the earning capacity.
3.1. In the decision of this Court, reported in 2006 ACJ 2703 (Cholan Roadways Corporation Ltd. vs. Ahmed Thambi), it has been held as follows:
"(19) In order to avoid any future confusion and to bring more clarity and transparency in the award of damages, it is necessary that Tribunal, while awarding damages, should itemize the award under each head, namely, pecuniary losses and non-pecuniary losses. In the non-pecuniary losses the Claims Tribunal shall consider: (a) pain and suffering; (b) loss of amenity; (c) loss of expectation of life, hardship, mental stress, etc., and (d) loss of prospect of marriage, and under the head pecuniary losses, the Claims Tribunal shall consider loss of earning capacity and loss of future earnings as one component apart from medical and other expenses and loss of earnings, if any, from the date of accident till the date of trial. When loss of earning capacity is compensated as also the non-pecuniary losses under (a) to (d), permanent disability need not be separately itemized."
3.2. As per the decision cited above, the amount under each of the head is awarded as under, which is over and above the compensation already considered under other heads: Medical expenses - Rs. 12,000/-
Loss of income - Rs. 13,000/- Transport expenses - Rs. 10,000/- Extra nourishment - Rs. 10,000/- Attendant charges - Rs. 10,000/- Loss of amenities - Rs. 15,000/- ___________ Total - Rs. 70,000/- ___________
4. In the result, the Civil Miscellaneous Appeal is partly allowed, enhancing the compensation from Rs.92,022/- to Rs.1,62,022/-, which is payable with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit. No costs.
5. It is represented by the Insurance Company that the amount awarded by the claims Tribunal has already been deposited by the Insurance Company. The Insurance Company is directed to deposit the enhanced amount of Rs.70,000/-, payable along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit (excluding the interest for default period, if any) within a period of six weeks from the date of receipt of a copy of this Judgment. On such deposit, the claimant is permitted to withdraw the compensation, less the amount already withdrawn, if any.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ogy To
1. The Motor Accident Claims Tribunal, (Subordinate Judge), Kanchipuram.
Copy to The Section Officer, V.R.Section, High Court, Madras.
+1cc to M/S.C.Prabakaran, Advocate Sr. 71795 +1cc to M/S.C.R.Krishnamoorthy, Advocate Sr. 71735 C.M.A.No.1512 of 2014 2.
SAI(CO) VR(19/5/2017)