Kalaivani v. Parani Transports

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2021

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.3648 of 2019 Kalaivani, D/o.Chandran ... Appellant/Petitioner Vs.

1.Parani Transports, No.2, North Pirathatchanam Salai, Karur District.

2.National Insurance Company Limited, Division Office, No.63, Rasi Plaza, West Pirathatchanam Salai, Karur District.

... Respondents/Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 07.09.2017 made in M.C.O.P.No.205 of 2014 on the file of the Motor Accidents Claims Tribunal and Chief Judicial Magistrate, Namakkal.

For Appellant : Mr.A.Sathish Kumar for Mr.C.Thangaraju For Respondents :

For R1 : No appearance For R2 : Mr.J.Chandran

JUDGMENT

The claimant is the appellant in this appeal. In this appeal, the appellant/claimant has sought for enhancement of compensation awarded by the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Namakkal in M.C.O.P.No.205 of 2014.

2. By the impugned Judgment and decree, the Tribunal has awarded a sum of Rs.3,93,200/- under the following heads:-

a. Towards transportation charges :

Rs. 5,000/- b. Towards extra nourishment : Rs. 10,000/- c. Towards medical expenses : Rs.1,74,200/- d. Towards permanent disability : Rs.1,50,000/- e. Towards pain and sufferings : Rs. 45,000/- f. Towards partial loss of earning/ attender charges : Rs. 9,000/- ----------------------- Total : Rs.3,93,200/- -----------------------

3. The main case of the appellant in this appeal is that the appellant/claimant not only had to discontinue her studies due to permanent disability but also the injury impacted her marital prospects. It is submitted that the Tribunal has awarded a meagre compensation towards permanent disability assessed by P.W.2-Doctor in Ex.P.14-Disability Certificate and ought to have adopted mulitplier for awarding the aforesaid compensation.

4. It is further submitted that the Tribunal has not awarded any amount towards loss of income or any amount towards loss of opportunities due to discontinuation of studies and its impact of the marital prospects of the appellant/claimant.

5. On behalf of the respondents, the learned counsel for the 2nd respondent/insurance company submits that the impugned Judgment and decree passed by the Motor Accidents Claims Tribunal is well-reasoned and requires no interference. He submits that the Tribunal has awarded just compensation under various heads and therefore prays for dismissal of the appeal.

6. Heard the learned counsel for the appellant and the respondents and perused the impugned Judgement and decree and the records which forms the basis of the award.

7. Ex.P.14-Disability Certificate marked through P.W.2Doctor indicates that the appellant/claimant is physically handicapped due to loss of functional capacity with permanent disability as per the Government of India Notification (Ministry of Welfare Uniform Definitions of the Physically Handicapped Code Annexure V, 1986), it is evident that the appellant/claimant has indeed suffered grievous injuries based on the copy of the photographs enclosed at page no.31 of the typed set of papers.

8. The Tribunal has awarded a sum of Rs.1,50,000/- towards permanent disability. There is no discussion in the impugned Judgment and decree regarding the permanent disability except stating that there was 50% of permanent disability.

9. In my view, the Tribunal ought to have determined the functional disability and awarded just compensation as per the decision of the Hon'ble Supreme Court in Raj Kumar Vs. Ajay Kumar and Another, (2011) 1 SCC 343. Further, the Tribunal has not awarded any amount towards loss of income (notional income) as the appellant/claimant was only student at the time of accident.

10. The family of the appellant/claimant has spent about Rs.1,74,200/- towards medical expenses and that the appellant/claimant was hospitalized over a period of 19 days starting from 29.08.2013 to 16.09.2013. In my view, the amount of compensation awarded by the Tribunal deserves to be modified considering the nature of injuries suffered by the appellant/claimant and the consequences of the accident.

11. Therefore, the compensation awarded by the Tribunal is recomputed as follows:- Sl.

No.

Heads of Compensation Amount awarded by the Tribunal Amount awarded by this Court Award confirmed or enhanced or granted or reduced

1. Transportation Charges Rs. 5,000/- Rs. 5,000/- Confirmed

2. Extra Nourishment Rs.10,000/- Rs. 10,000/- Confirmed

3. Medical Expenses Rs.1,74,200 /- Rs.1,74,200/ - Confirmed

4. Permanent Disability Rs.1,50,000 /- Rs.1,75,000/ - Enhanced

5. Pain and Sufferings Rs.45,000/- Rs. 45,000/- Confirmed

6. Attender Charges Rs. 9,000/- Rs. 20,000/- Enhanced Total Rs.3,93,200 /- Rs.4,29,200/ - Enhanced by another sum of Rs.36,000/-

12. The appellant/claimant is directed to pay the remaining Court for the enhanced compensation within a period of fifteen days from the date of receipt of a copy of this order. Only on such deposit of Court Fee, the Registry shall draft the decree of this Judgment. The 2nd respondent/Insurance Company is however directed to deposit the enhanced amount of compensation of Rs.4,29,200/- after deducting amount already deposited by it together with interest at 7.5% per annum from the date of numbering of the claim petition till the date of such deposit, less any amount already deposited within a period of six weeks from the date of receipt of a copy of this Judgment.

13. On such deposit being made by the 2nd respondent/Insurance Company, the appellant/claimant is permitted to withdraw her respective share in the same proportion as was ordered by the Tribunal, together with interest accrued thereon, less the amount already withdrawn if any, by filing suitable application before the Tribunal. While filing such application, the appellant/claimant shall produce a certified copy of the decree of this Judgment as a proof of having paid the Court Fee.

14. This Civil Miscellaneous Appeal stands partly allowed with the above observations.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar arb To:

1.The Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Namakkal.

2.The Section Officer, Vernacular Section, Madras High Court.

+1cc to Mr.Chandran, Advocate SR.No.24765 +2cc to Mr.Thangaraju, Advocate SR.No.23947 C.M.A.No.3648 of 2019 MG(CO) GN(08/12/2021)