Kumar v. Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CMA Nos. 1754, 1679, 1890, 1607, 1568, 1540, 1605 and 2000 of 2024 Kumar ... Appellant in CMA No.1754 of 2024 Saroja ... Appellant in CMA No.1679 of 2024 Lalitha @ Lalithambal ... Appellant in CMA No.1890 of 2024 Subramani ... Appellant in CMA No.1607 of 2024 Saraswathi ... Appellant in CMA No.1568 of 2024 Vasuki ... Appellant in CMA No.1540 of 2024 Jayapriya ... Appellant in CMA No.1605 of 2024 Amutharaj ... Appellant in CMA No.2000 of 2024 .vs.

1.Suresh 1/19

2.Paramasivam 3.The United India Insurance Co., Ltd., D.No.5-B/11, State Bank of India Upstairs, Salem Main Road, Rasipuram, Namakkal District.

..Respondents in all CMAs Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the order in MCOP No.22, 23, 24, 25, 26, 27, 28 and 29 of 2019, dated 30.01.2024, on the file of the Motor Accident Claims Tribunal, Subordinate Judge Court, Omalur.

For Appellants : Mr.T.S.Arthanareeswaran in all CMAs For Respondents : Ms.I.Malar for R3 in all CMAs

JUDGMENT

All these appeals arise out of a common Award passed by the Tribunal for a single accident and hence, this common judgment is passed. 2.The claimants not being satisfied with the quantum of compensation awarded by the Tribunal in MCOP Nos.22 to 29 of 2019, dated 30.01.2024, have filed these appeals seeking for enhancement of compensation. 2/19

3.The case of the claimants is that on 06.09.2018, they were travelling a TATA Maxi Cab at Irumbalai-Tharamangalam Road and at about 5.30 a.m., this Maxi Cab was driven in a rash and negligent manner and as a result, the driver lost control and the vehicle fell in to a pit. The claimant in MCOP No.22 of 2019 sustained RTA with fracture left distal radius. He underwent treatment as an inpatient for five days. The Medical Board assessed the disability at 5%. The claimant in MCOP No.23 of 2019 sustained RTA with Fracture D11/D12 Vertebra. He underwent treatment as an inpatient for seven days. The Medical Board assessed the disability at 10%. The claimant in MCOP No.24 of 2019 sustained simple injuries and underwent treatment as an inpatient from 06.09.2018 to 10.09.2018. The claimant in MCOP No.

25 of 2019 sustained simple injuries and underwent treatment as an inpatient from 06.09.2018 to 09.09.2018. The claimant in MCOP No.26 of 2019 sustained simple injuries and underwent treatment as an inpatient from 06.09.2018 to 12.09.2018. The claimant in MCOP No.27 of 2019 sustained RTA with right hand bennett's fracture. He underwent treatment as an inpatient from 06.09.2018 to 10.09.2018. The Medical Board assessed the disability at 5%. The claimant in MCOP No.28 of 2019 sustained left hand little finger (F5) fracture MPX. He underwent treatment as an inpatient from 06.09.2018 to 10.09.2019. The Medical Board assessed the disability at 5%.

in MCOP No.29 of 2019 sustained crush injury on the left leg and open fracture left distal radius He underwent treatment as an inpatient from 08.09.2018 to 28.09.2018. He underwent treatment for ORIF with plating/K wire left distal radius, would debridement and external fixator and left leg vascualar PRA, nerve PTN repair. Ultimately, his left leg below the knee was amputated in an operation done on 13.09.2018. The Medical Board assessed the disability at 75%. It is under these circumstances, the claim petitions came to be filed before the Tribunal seeking for payment of compensation. 4.The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the Maxi Cab. Having come to such a conclusion, the Tribunal fixed the total compensation under various heads as follows: 4/19

In MCOP No.22 of 2019:

S.No Compensation awarded under the head Amount (in Rs.) 1.

Disability (5% x Rs.5000) 25,000 2.

Attender Charges 1,800 3.

Loss of Amenities 10,000 4.

Towards Pain and Sufferings 10,000 5.

Extra Nourishment & Transportation 10,000 6.

Damages to clothes 1,000 7.

Loss of Income for 5 months 40,000 8.

Medical Bills 45,848 Total 1,43,648 Rounded off 1,43,700 In MCOP No.23 of 2019:

S.No Compensation awarded under the head Amount (in Rs.) 1.

Disability (5% x Rs.5000) 50,000 2.

Attender Charges 2,450 3.

Loss of Amenities 15,000 4.

Towards Pain and Sufferings 15,000 5.

Extra Nourishment & Transportation 10,000 6.

Damages to clothes 1,000 7.

Loss of Income for 5 months 40,000 8.

Medical Bills 26,526 5/19

S.No Compensation awarded under the head Amount (in Rs.) Total 1,59,976 Rounded off 1,60,000 In MCOP No.24 of 2019:

S.No Compensation awarded under the head Amount (in Rs.) 1.

Simple Injuries 30,000 2.

Medical Bills 34,043 Total 64,043 Rounded off 64,100 In MCOP No.25 of 2019:

S.No Compensation awarded under the head Amount (in Rs.) 1.

Simple Injuries 30,000 2.

Medical Bills 14,457 Total 44,457 Rounded off 44,500 In MCOP No.26 of 2019:

6/19

S.No Compensation awarded under the head Amount (in Rs.) 1.

Simple Injuries 30,000 2.

Medical Bills 23,763 Total 53,763 Rounded off 53,800 In MCOP No.27 of 2019:

S.No Compensation awarded under the head Amount (in Rs.) 1.

Disability (5% x Rs.5000) 25,000 2.

Attender Charges 1,800 3.

Loss of Amenities 10,000 4.

Towards Pain and Sufferings 10,000 5.

Extra Nourishment & Transportation 10,000 6.

Damages to clothes 1,000 7.

Loss of Income for 5 months 40,000 8.

Medical Bills 41,471 Total 1,39,271 Rounded off 1,39,300 In MCOP No.28 of 2019:

7/19

S.No Compensation awarded under the head Amount (in Rs.) 1.

Disability (5% x Rs.5000) 25,000 2.

Attender Charges 1,800 3.

Loss of Amenities 10,000 4.

Towards Pain and Sufferings 10,000 5.

Extra Nourishment & Transportation 10,000 6.

Damages to clothes 1,000 7.

Loss of Income for 5 months 40,000 8.

Medical Bills 39,786 Total 1,37,586 Rounded off 1,37,600 In MCOP No.29 of 2019:

S.No Compensation awarded under the head Amount (in Rs.) 1.

Permanent Disability @ 75% (Rs.6500+Rs.650 x 12 x 11 x 75/100) 7,07,850 2.

Attender Charges (21 days) 7,350 3.

Loss of Amenities 20,000 4.

Towards Pain and Sufferings 20,000 5.

Extra Nourishment & Transportation 10,000 6.

Damages to clothes 1,000 7.

Medical Bills 3,97,822 Total 11,64,022 Rounded off 11,64,500 8/19

5.The above compensation was directed to be paid with interest at the rate of 7.5% per annum.

6.The claimants not being satisfied with the quantum of compensation awarded by the Tribunal have filed the present appeals before this Court seeking for enhancement of compensation.

7.Heard Mr.T.S.Arthanareeswaran, learned counsel appearing on behalf of the appellant and Ms.I,Malar, learned counsel appearing on behalf of the 3rd respondents.

8.This Court has carefully considered the submissions made on either side and also the materials available on record. 9.Insofar as CMA No.1754 of 2024 which pertains to MCOP No.22 of 2019, this Court is inclined to enhance the compensation under the head of disability. The Tribunal has only fixed Rs.5,000/- per percentage and the same is enhanced to Rs.7,000/- per percentage, considering the fact that the 9/19

accident had taken place in the year 2018. Thus, a sum of Rs.35,000/- (Rs.7,000/- x 5%) is enhanced under the head of disability. The claimant has undergone treatment as an inpatient for five days. Therefore, the attender charges is enhanced to Rs.2,500/-. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.

10.Insofar as CMA No.1679 of 2024 which pertains to MCOP No.23 of 2019, this Court is inclined to enhance the compensation under the head of disability. The Tribunal has only fixed Rs.5,000/- per percentage and the same is enhanced to Rs.7,000/- per percentage, considering the fact that the accident had taken place in the year 2018. Thus, a sum of Rs.70,000/- (Rs.7,000/- x 10%) is under the head of disability. The claimant has undergone treatment as an inpatient for seven days. Therefore, the attender charges is enhanced to Rs.3,500/-. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court.

11.Insofar as CMA Nos.1890, 1607 and 1568 of 2024 which pertains to MCOP Nos.24, 25 and 26 of 2019, this Court finds that the claimants had only sustained simple injuries and the Tribunal has granted reasonable 10/19

compensation which does not require the interference of this Court. 12.Insofar as CMA No.1540 of 2024 which pertains to MCOP No.27 of 2019, this Court is inclined to enhance the compensation under the head of disability. The Tribunal has only fixed Rs.5,000/- per percentage and the same is enhanced to Rs.7,000/- per percentage, considering the fact that the accident had taken place in the year 2018. Thus, a sum of Rs.35,000/- (Rs.7,000/- x 5%) is under the head of disability. The claimant has undergone treatment as an inpatient for five days. Therefore, the attender charges is enhanced to Rs.2,500/-. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court. 13.Insofar as CMA No.1605 of 2024 which pertains to MCOP No.

28 of 2019, this Court is inclined to enhance the compensation under the head of disability. The Tribunal has only fixed Rs.5,000/- per percentage and the same is enhanced to Rs.7,000/- per percentage, considering the fact that the accident had taken place in the year 2018. Thus, a sum of Rs.35,000/- (Rs.7,000/- x 5%) is under the head of disability. The claimant has undergone treatment as an inpatient for five days. Therefore, the attender charges is enhanced to Rs.2,500/-.

heads are reasonable and does not require the interference of this Court. 14.Insofar as CMA No.2000 of 2024 which pertains to MCOP No.29 of 2019, it is seen that there was amputation below the left knee due to the injuries sustained by the claimant. The claimant has undergone treatment as an inpatient for nearly 21 days. The claimant was aged about 55 years and he was working as a Watchman. The Tribunal has fixed a sum of Rs.6,500/- per month as notional monthly income. This Court is inclined to increase the notional monthly income to Rs.10,000/- per month.10% can be added towards future prospects considering the age of the claimant. Thus, the notional monthly income can be fixed at Rs.11,000/- (Rs.10,000 + Rs.1,000 = Rs.11,000). The compensation under the head of loss of income is calculated as follows:

Rs.11,000 x 12 x 11 x 75/100 = Rs.10,89,000/- 15.Considering the nature of injuries sustained by the claimant, the consequence of such injuries and also the agony that would have been undergone by the claimant, this Court is inclined to enhance the compensation under the head of attender charges, loss of amenities, pain and sufferings and 12/19

extra nourishment to Rs.30,000, Rs.25,000, Rs.1,00,000 and Rs.30,000 respectively. The compensation that has been fixed under the other heads are reasonable and does not require the interference of this Court. 16.In the light of the above discussion, the compensation in each appeal is fixed as follows:

In CMA No.1754 of 2024:

S.No Compensation awarded under the head Amount (in Rs.) 1.

Disability (5% x Rs.7000) 35,000 2.

Attender Charges 3.

Loss of Amenities 10,000 4.

Towards Pain and Sufferings 10,000 5.

Extra Nourishment & Transportation 10,000 6.

Damages to clothes 1,000 7.

Loss of Income for 5 months 40,000 8.

Medical Bills 45,848 Total 1,54,348 Rounded off 1,54,400 In CMA No.1679 of 2024:

13/19

S.No Compensation awarded under the head Amount (in Rs.) 1.

Disability (5% x Rs.5000) 70000 2.

Attender Charges 3.

Loss of Amenities 15,000 4.

Towards Pain and Sufferings 15,000 5.

Extra Nourishment & Transportation 10,000 6.

Damages to clothes 1,000 7.

Loss of Income for 5 months 40,000 8.

Medical Bills 26,526 Total 1,81,026 Rounded off 1,81,100 In CMA No.1540 of 2024:

S.No Compensation awarded under the head Amount (in Rs.) 1.

Disability (5% x Rs.5000) 35000 2.

Attender Charges 3.

Loss of Amenities 10,000 4.

Towards Pain and Sufferings 10,000 5.

Extra Nourishment & Transportation 10,000 6.

Damages to clothes 1,000 7.

Loss of Income for 5 months 40,000 14/19

S.No Compensation awarded under the head Amount (in Rs.) 8.

Medical Bills 41,471 Total 1,49,971 Rounded off 1,50,000 In CMA No.1605 of 2024:

S.No Compensation awarded under the head Amount (in Rs.) 1.

Disability (5% x Rs.5000) 35000 2.

Attender Charges 3.

Loss of Amenities 10,000 4.

Towards Pain and Sufferings 10,000 5.

Extra Nourishment & Transportation 10,000 6.

Damages to clothes 1,000 7.

Loss of Income for 5 months 40,000 8.

Medical Bills 39,786 Total 1,48,286 Rounded off 1,48,500 In CMA No.2000 of 2024:

S.No Compensation awarded under the head Amount (in Rs.) 1.

Permanent Disability @ 75% (Rs.6500+Rs.650 x 12 x 11 x 75/100) 10,89,000 2.

Attender Charges (21 days) 30000 15/19

S.No Compensation awarded under the head Amount (in Rs.) 3.

Loss of Amenities 25000 4.

Towards Pain and Sufferings 1,00,000 5.

Extra Nourishment & Transportation 30000 6.

Damages to clothes 1,000 7.

Medical Bills 3,97,822 Total 16,72,822 Rounded off 16,73,000 17.In the light of the above discussion, the compensation awarded by the tribunal is modified as follows:

(a) The compensation awarded by the tribunal in MCOP No.22 of 2019 (CMA No.1754 of 2024) at Rs.1,43,700/- is enhanced to Rs.1,54,400/-. (b)The compensation awarded by the tribunal in MCOP No.23 of 2019 (CMA No.1679 of 2024) at Rs.1,60,000/- is enhanced to Rs.1,81,100/-. (c) The compensation awarded by the tribunal in MCOP No.27 of 2019 (CMA No.1540 of 2024) at Rs.1,39,300/- is enhanced to Rs.1,50,000/-. 16/19

(d)The compensation awarded by the tribunal in MCOP No.28 of 2019 (CMA No.1605 of 2024) at Rs.1,37,600/- is enhanced to Rs.1,48,500/-. (e) The compensation awarded by the tribunal in MCOP No.29 of 2019 (CMA No.2000 of 2024) at Rs.11,64,500/- is enhanced to Rs.16,73,000/-.

18.In the result, the Civil Miscellaneous Appeal in CMA Nos.1754, 1679, 1540, 1605 and 2000 of 2024 are partly allowed. The respondent insurance company is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of four weeks from the date of receipt of this judgment. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the claimant. 19.Insofar as CMA Nos.1568, 1607, 1890 of 2024 , the award passed by the Tribunal is confirmed and accordingly, these civil miscellaneous 17/19

appeals stands dismissed. There shall be a direction to the respondent Insurance Company to deposit the entire compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of four weeks from the date of receipt of this judgement.

20.The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. The Tribunal has already ordered pay and recovery. Therefore, it goes without saying that whatever enhanced compensation is paid by the Insurance Company can be recovered. from the owner of the vehicle. No Costs.

31.07.2024 Index : Yes/No Speaking Order/Non-Speaking Order ssr To The Motor Accident Claims Tribunal, Subordinate Judge Court, Omalur. 18/19

N. ANAND VENKATESH., J ssr CMA Nos. 1754, 1679, 1890, 1607, 1568, 1540, 1605 and 2000 of 2024 31.07.2024 19/19