J. Narasimamoorthy v. P. Purushothaman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2021

CORAM:

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE C.M.A.No.828 of 2016 J.Narasimamoorthy ...Appellant/Petitioner Vs 1.P.Purushothaman (Was set exparte in the Trial Court) 2.Liberty Videocon General Insu. Co. Ltd., Anmal Palani, No.88, G.N. Chetty Road, Level-4, Unit, No.E5 & F5, T.Nagar, Chennai - 600 017. ...Respondents/Respondents Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 02.03.2016 made in MACT.OP.No.911 of 2014 on the file of the IV Judge, Motor Accident Claims Tribunal, (Court of Small Causes), Chennai.

For Appellant : Ms.P.T.Salim Fathima For Respondents : R1-Exparte Mr.E.Rajadurai for R2 for Mr.M.B.Raghavan

J U D G M E N T

This appeal has been filed by the claimant seeking for enhancement of compensation under the impugned Award dated 02.03.2016 passed by the Motor Accident Claims Tribunal, (IV Judge, Court of Small Causes), Chennai in M.C.O.P.No.911 of 2014. 2.The Appellant/claimant unsatisfied with the quantum of compensation awarded by the Tribunal has preferred this appeal seeking for enhancement.

3.Heard Ms.P.T.Salim Fathima, learned counsel for the Appellant and Mr.E.Rajadurai, learned counsel for the second respondent. The first respondent has remained exparte both before the Tribunal as well as this Court.

4.The details of the compensation awarded by the Tribunal under the impugned Award are as follows:

Particulars Amount Disability Rs.30,000 (10*3,000) Pain & suffering Rs.10,000 Extra nourishment Rs.2,000 Transport Rs.3,000 Damage Rs.1,000 Attender charges Rs.250 Medical expenses Rs.5,000 Loss of Income Rs.6,500 Loss of Amenities Rs.5,000 Total Rs.62,750 Rounded off to Rs.63,000/- 5.Appellant/claimant was a proprietor of M/s.Pinku Audio Vision and he was 43 years at the time of the accident which happened on 23.01.2014.

6.The Tribunal has fixed the notional monthly income of the Appellant/claimant at Rs.6,500/- in accordance with the claim made by the Appellant/claimant in his claim petition. 7.The Appellant/claimant has sustained the following injuries as a result of the accident:

(i) Laceration in the right hand (ii) Fracture of M.C. Heal (R) The nature of the injuries sustained by the Appellant/claimant has not been disputed by the respondents before the Tribunal. 8.The Doctor who examined the Appellant/claimant has assessed his disability at 20%. However, the Tribunal under the impugned Award without any basis has reduced the same to 10%. 9.This Court after giving due consideration to the nature of injuries sustained by the Appellant/claimant is of the considered view that the Tribunal ought not to have reduced the disability without any basis but should have accepted the disability certificate issued by the Doctor who has assessed the disability of the Appellant/claimant at 20%. Accordingly, the disability of the Appellant/claimant is enhanced to 20% instead of 10% fixed by the Tribunal. The Tribunal has awarded a

disability compensation calculated at Rs.3,000/- per percentage of disability which is a correct assessment. However, in view of the fact that the disability is enhanced to 20%, the disability compensation awarded by the Tribunal has to be enhanced to Rs.60,000/- calculated at Rs.3,000/- per percentage of disability for the 20% disability instead of Rs.30,000/- calculated at Rs.3,000/- per percentage of disability for the 10% disability.

10.With regard to the quantum of compensation awarded by the Tribunal under various other heads (a) Pain and suffering, (b) Extra nourishment, (c) Transportation, (d) Damage to clothing, (e) Attender charges, (f) Medical expenses, (g) Loss of income and (h) Loss of amenities are concerned, the same is confirmed by this Court as it is a just compensation.

11.For the foregoing reasons, the compensation awarded by the Tribunal at Rs.63,000/- is enhanced to Rs.93,000/- by this Court as detailed hereunder:

Particulars Award Amount (Rs.) Enhanced/m odified Amount Disability Rs.30,000 Rs.60,000 (10*3,000) (20*3,000) Pain & suffering Rs.10,000 Rs.10,000 Extra nourishment Rs.2,000 Rs.2,000 Transport Rs.3,000 Rs.3,000 Damage Rs.1,000 Rs.1,000 Attender charges Rs.250 Rs.250 Medical expenses Rs.5,000 Rs.5,000 Loss of Income Rs.6,500 Rs.6,500 Loss of Amenities Rs.5,000 Rs.5,000 Total Rs.62,750 Rs.92,750 Rounded off to Rs.63,000/- Rs.93,000/ - 12.In the result, the appeal is partly allowed. The second respondent Insurance Company is directed to deposit the modified amount of Rs.93,000/- awarded by this Court together with interest at the rate of 7.5% per annum from the date of claim till the date of deposit after deducting the amount already deposited if any to the credit of MCOP.No.911 of 2014 within a period of four weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal shall

transfer the amount lying to the credit of MCOP.No.911 of 2014 to the bank account of the Appellant/claimant through RTGS within a period of one week thereafter. No costs. Sd/- Deputy Registrar(Lok Adalat) //True Copy// Sub Assistant Registrar pam To

1. The IV Judge, Motor Accident Claims Tribunal, (Court of Small Causes), Chennai 2.The Section Officer V.R.Section, High Court of Madras.

+1cc to M/s.Salim Fathima, Advocate, S.R.No.28936 C.M.A.No.828 of 2016 MG(CO) CB(28/10/2021)