Eduru Jayapal v. K.Sivakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2023
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Eduru Jayapal .. Appellant Vs.
1. K.Sivakumar.
2. The Oriental Insurance Company Limited, Motor Third Party Hub, No.115, Broadway, II Floor, Chennai - 600 001.
.. Respondents PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 to enhance the award dated 11.11.2019 passed in MCOP No.3849 of 2013 on the file of the Motor Accident Claims Tribunal [V Court of Small Causes], Chennai.
For Appellant : Mr.C.Richard Suresh Kumar For Respondents : Mr.D.Bhaskaran (for R2) Page No.1/8
JUDGMENT
In a road transport accident on 15.10.2012, a Tanker lorry bearing Regn. No.AP-03-X-6566, driven by its driver in a rash and negligent manner, got capsized and the lorry got burst, thereby caused fire accident, wherein 22 persons were injured and 2 persons were dead. Injured claimants/legal representatives of the deceased, filed individual claim petitions, numbering 24, before the Motor Accident Claims Tribunal [V Court of Small Causes], Chennai. All the 24 cases were tried jointly and by a common judgment dated 11.11.2019, the claims tribunal held that the driver of the Tanker Lorry was negligent in causing the accident and accordingly, fastened liability on the insurer of the Tanker Lorry viz., the Oriental Insurance Company, the 2nd respondent herein and awarded compensation in each claim petitions.
2. Claim petitioner in MCOP No.3849 of 2013, is the appellant herein seeking enhancement of compensation for the burn injuries sustained in both legs and thigh, in the above said accident. Page No.2/8
3. For the sake of convenience, the parties are hereinafter referred to as per their ranking before the claims tribunal.
4. The factum of the accident, the manner of the accident and the negligence on the part of the driver of the offending vehicle, are not disputed. Hence, the findings of the claims tribunal, are confirmed.
5. The claim petitioner, who had suffered injury in the road transport accident on 15.10.2012, has filed the above MCOP and the claims tribunal has awarded a sum of Rs.2,75,600/- with interest at the rate of 7.5% per annum from the date of numbering of claim petition till the date of realization with costs.
6. On the point of quantum of compensation, heard the learned counsel for the appellant/claim petitioner and the learned counsel appearing on behalf of the 2nd respondent/Insurance Company and perused the materials available on record.
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7. On perusal of Ex.P63, copy of the discharge summary issued by Narayana Medical College Hospital, the injured claimant has been admitted in the said hospital on 16.10.2012, underwent surgeries on 16.102012, 31.10.2012 and 14.11.2012 and thereafter, was discharged from the hospital on 19.11.2012. Ex.P64 series are the medical prescriptions and Ex.P66 is the photograph of the petitioner. The claims tribunal has fixed the disability at 15% and awarded Rs.45,000/- i.e., Rs.3,000/- per percentage of disability, which appears to be reasonable and the same is confirmed.
8. The claims tribunal has awarded loss of income at the rate of Rs.6,000/-per month for the period of three months only. As stated supra, the claim petitioner has been in the hospital for two months and underwent surgeries and therefore, by fixing the monthly income of the deceased at Rs.8,000/-, I am inclined to enhance the award under the head 'loss of income' for a period of five months is awarded i.e. Rs.8000/- x 5 = Rs.40,000/-, as against Rs.18,000/- awarded by the tribunal. Further, the award of Rs.10,500/- awarded by the tribunal under the head 'attender charges' is enhanced to Rs.15,000/-. Compensation amount under other Page No.4/8
heads and the interest awarded by the tribunal, appears to be just and reasonable and hence, they are kept intact. The reassessed compensation is as follows:
Amount awarded by the tribunal Rs.
Award now modified Rs.
Enhanced Amount Pain & sufferings 30,000 30,000 - Transport and Extra Nourishment 20,000 20,000 - Disability 15% x Rs.3,000/- 45,000 45,000 - Loss of Income 18,000 (Rs.6000/- x 3 months) 40,000 (Rs.8,000/- x 5 months) 22,000 Attender Charges 10,500 15,000 4,500 Loss of amenities 50,000 50,000 Medical Expenses 1,02,091 1,02,091 Total 2,75,591 3,02,091 Rounded off 2,75,600 3,02,100 Enhanced now Rs.26,500/-
9. In the result, it is ordered as follows:
(i) The judgment and decree dated 11.11.2019, made in MCOP No.3849 of 2013 on the file of the Motor Accident Claims Tribunal [V Court of Small Causes], Chennai, stands modified to the limited extent that the compensation of Rs.2,75,600/- awarded by the claims tribunal is enhanced to Rs.3,02,100/- i.e. Rs.2,75,600/- + Rs.26,500/- and the interest awarded by the claims tribunal remains unaltered.
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(ii) Additional Court fee, if any, to be paid by the claim petitioner within a period of four weeks and decree to be drafted after the payment of Court fee.
(iii)The 2nd respondent-Insurance company is directed to deposit the enhanced compensation amount of Rs.3,02,100/- with proportionate interest and costs to the credit of MCOP No.3849 of 2013 on the file of the Motor Accident Claims Tribunal [V Court of Small Causes], Chennai, within a period of eight weeks from the date of receipt of a copy of this order, less the amount deposited, if any.
(iv) On such deposit, the appellant/claim petitioner, is permitted to withdraw the same, less the amount withdrawn, if any, on making necessary applications.
10. With the above directions, the Civil Miscellaneous Appeal stands partly allowed. No Costs.
02.03.2023 Index : Yes/No ars Page No.6/8
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RMT.TEEKAA RAMAN,J., ars To The V Judge, Court of Small Causes, Motor Accident Claims Tribunal, Chennai.
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