Madras High CourtCMA/3478/2019partly allowed

Prakash v. Jayaraman

2021-08-06Honourable Mrs Justice S.Kannammal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON:

DELIVERED ON:

16.07.2021 06.08.2021

CORAM:

THE HONOURABLE TMT.JUSTICE S.KANNAMMAL C.M.A.NO.3478 OF 2019 Prakash .. Appellant/Petitioner Vs.

1. Jayaraman

2. Branch Manager, United India Insurance Co. Ltd., Thiru Erumbeeswarar Company Limited, Thiru Erumbeeswarar Nagar, Thiruverumbur, Tiruchirapalli 620 013.

.. Respondents/Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 12.12.2018 made in M.C.O.P.No.962 of 2016, on the file of the Sub Court, (Motor Accidents Claims Tribunal), Perambalur.

For Appellant : Mr.C.Vidhusan For Respondents : Ms.R.Vijayakamala (For R2)

JUDGMENT

(The matter is heard through "Video Conferencing/Hybrid mode") This appeal has been filed for enhancement of the compensation granted by the Tribunal in the award dated 12.12.2018 made in M.C.O.P.No.962 of 2016, on the file of the Sub Court, (Motor Accidents Claims Tribunal), Perambalur. 2.The appellant-claimant, filed M.C.O.P.No.962 of 2016, on the file of the Sub Court, (Motor Accidents Claims Tribunal), Perambalur, claiming a sum of Rs.10,00,000/- as compensation for the injuries sustained by him in the accident that took place on 07.07.2016.

3.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by driver of the Bus owned by the 1st respondent and directed the 2nd respondent-Insurance Company to pay a sum of Rs.2,14,000/- as compensation to the appellant. 4.Not being satisfied with the amounts awarded by the Tribunal in the award dated 12.12.2018 made in M.C.O.P.No.962 of 2016, the appellant has come out with the present appeal. 5.The learned counsel appearing for the appellant contended that at the time of accident, the appellant was aged 19 years and a Student at Engineering College. In the accident, he sustained multiple injuries like Hemorrhagic Contusions over right forehead, sutured wound above left eye, abrasion over nose and swelling over both the shoulders.

He has taken in-patient treatment at Government Hospital, Perambalur, then was referred to Government Hospital, Tiruchirappalli and discharged on 08.07.2016 and again admitted at KMC Hospital, Tiruchirappalli and discharged on 14.07.2016. Due to the injuries sustained in the accident, he suffered 30% partial and permanent disability and his future earning capacity is affected. The Tribunal failed to award compensation towards loss of future earning capacity. In any event, the total compensation awarded by the Tribunal under different heads are meagre and prayed for enhancement of the compensation.

6.Per contra, the learned counsel appearing for the 2nd respondent-Insurance Company contended that the Tribunal considering the nature of injuries, period of treatment taken by the appellant, rightly awarded compensation under different heads, which are not meagre. Considering the nature of injuries sustained, the Tribunal was right in holding that the appellant is not entitled for any amount towards loss of future income capacity. The appellant has not made out any case for enhancement of the compensation and prayed for dismissal of the appeal.

7.Heard the learned counsel appearing for the appellant as well as the 2nd respondent-Insurance Company and perused the materials available on record.

8.It is the case of the appellant that in the accident, he sustained abrasion over right forehead, left cheek sutured wound lateral above the left eye, small abrasion over nose swelling behind the left ear abrasion and abrasion over the left and right shoulders and has taken treatment as in-patient at Hospital from 08.07.2016 to 14.07.2016. The petitioner was referred to the Medical Board. The Medical Board, after examining the appellant, certified that the appellant suffered 30% disability for left eye traumatic optic neuropathy and filed a report to that effect. At the time of accident, the appellant was aged 19 years and was studying III year Mechanical Enginering at Varadharajan Polytechnic College.

He claimed that due to the injuries sustained, his future earning capacity is affected and the Tribunal erred in not awarding any amount towards loss of earning capacity. From the materials available on record, this Court is of the considered opinion that the injuries sustained by the appellant are only abrasions, except a suture in the left cheek. The nature of injuries sustained by the appellant definitely would not incur any loss of income in future. Moreover, the appellant has not established that he was doing part time work and earning. Hence, considering the nature of injuries sustained by the appellant, this Court upholds the stand of the Tribunal that there is no loss of income for the claimant and the appellant is not entitled for any compensation under the said head.

consolidated amount of Rs.10,000/- awarded by the Tribunal towards transportation, nourishing food and miscellaneous expenditure is meagre and hence, a sum of Rs.5,000/- is awarded towards transportation and Rs.10,000/- towards extra nourishment. The Tribunal failed to award any amount towards damage to clothes. Hence, a sum of Rs.2,000/- is awarded towards damage to clothes. The amounts awarded by the Tribunal under different heads are just and reasonable and hence, the same are hereby confirmed. Thus, the compensation awarded by the Tribunal is modified as follows:

No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted 1.

Transportation, nourishing food 5,000/- 10,000/- and 10,000/- Enhanced miscellaneous expenditure - 2.

Medical expenses 62,000/- 62,000/- Confirmed 3.

Disability 90,000/- 90,000/- Confirmed 4.

Damages for pain, suffering and trauma 25,000/- 25,000/- Confirmed 5.

Loss of amenities 25,000/- 25,000/- Confirmed 6.

Attendant charges 2,000/- 2,000/- Confirmed 7.

Damage to clothes - 2,000/- Granted Total 2,14,000/- 2,21,000/- Enhanced by Rs.7,000/ -

9.In the result, the appeal is partly allowed and the amount awarded by the Tribunal at Rs.2,14,000/- is enhanced to Rs.2,21,000/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The 2nd respondent-Insurance Company is directed to deposit the award amount, now determined by this Court, along with interest and costs, within a period of twelve weeks from the date of receipt of a copy of this judgment, to the credit of M.C.O.P. No.962 of 2016. On such deposit, the appellant is permitted to withdraw the award amount, now determined by this Court, along with interest and costs, after adjusting the amount, if any already withdrawn, by filing necessary applications before the Tribunal. No costs.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar gsa To The Subordinate Judge, The Subordinate Court, (Motor Accident Claims Tribunal), Perambalur.

Copy To The Section Officer, VR Section, High Court, Madras.

C.M.A.No.3478 of 2019 SRA(CO) RLP(28/09/2021)