Suhail v. Murugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Sunhail .... Appellant vs.

1. Murugan (Since R1 remained exparte before the Tribunal, his presence may be dispensed with)

2. Shriram General Insurance Company Ltd., No.4, Lady Desika Road, II Floor, Mookambigai Complex, Mylapore, Chennai - 600 004.

.... Respondents Prayer : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree dated 31.08.2018 and made in M.A.C.T.O.P. No.4257 of 2015 on the file of the Motor Accident Claims Tribunal, the Special Sub Court No.1, Motor Accidents Claims Petitions, Small Causes Court, Chennai. For Appellant :Mr.F. Terry Chella Raja For Respondents :Ms. R. Sreevidhya for R2 R1 - Exparte 1/7

JUDGMENT

This appeal has been filed by the claimant seeking enhancement of compensation.

2. The Tribunal under the impugned award has directed the 2nd respondent / Insurance Company to pay a total compensation of Rs.1,70,200/- to the appellant / claimant as detailed hereunder :- Heads Amount awarded by the Tribunal (Rs.) Disability 30,000 Pain and Sufferings 15,000 Extra Nourishment 10,000 Transportation 5,000 Medical Expenses 76,620 Attender Charges 2,500 Loss of Earnings 16,000 Loss of Future prospects 15,000 Total Compensation 1,70,120 Rounded off 1,70,200

3. Heard Mr.F. Terry Chella Raja, learned counsel for the appellant / claimant and Ms. R. Sreevidhya, learned counsel for the 2nd respondent / Insurance Company. The 1st respondent has remained exparte both before the Tribunal as well as this Court. 2/7

4. This Court has perused and examined the impugned award passed by the Tribunal.

5. The appellant / claimant has sustained injuries as a result of an accident caused by a vehicle insured with the 2nd respondent and owned by the 1st respondent. The appellant / claimant sustained head injuries and the nature of injuries sustained by the appellant / claimant has not been disputed by the 2nd respondent / Insurance Company, as seen from the evidence available on record. The Doctor, who was examined as a witness (PW2) has assessed the disability of the appellant / claimant at 30%. However, the Tribunal without any basis has reduced the disability to 10%. No proper reasons have been given by the Tribunal for reducing the disability of the appellant / claimant from 30% to 10%.

Having sustained head injuries and having been hospitalised on two spells, the Tribunal ought to have accepted the assessment of disability of the appellant / claimant made by the Doctor (PW2). But erroneously, the Tribunal without any basis has reduced the disability of the appellant / claimant to 10%. In view of the same, this Court fixes the disability of the appellant / claimant as fixed by the Doctor (PW2) at 30%. The Tribunal has awarded disability compensation of Rs.

percentage basis, calculated at Rs.3,000/- per percentage of disability. This Court is of the considered view that the assessment of the disability compensation at Rs.3,000/- per percentage of disability is correct but in view of the wrong assessment of the disability of the appellant / claimant by the Tribunal at 10%, this Court enhances the disability compensation payable to the appellant / claimant at Rs.90,000/-, calculated at Rs.3,000/- per percentage of disability for the 30% disability suffered by the appellant / claimant (Rs.3000 x 30).

6. Insofar as the compensation awarded by the Tribunal under various other heads are concerned, this Court is of the considered view that the said compensation is a just compensation and does not call for any interference by this Court.

7. For the foregoing reasons, the compensation awarded by the Tribunal is enhanced from Rs.1,70,200/- to Rs.2,30,200/- as detailed hereunder:

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Heads Amount Awarded by the Tribunal in Amount Awarded by this Rs.

Court in Rs.

Disability * Rs.3000/- x 10 # Rs.3000/- x 30 30,000 90,000 * # Pain and Sufferings 15,000 15,000 Extra Nourishment 10,000 10,000 Transportation 5,000 5,000 Medical Expenses 76,620 76,620 Attender Charges 2,500 2,500 Loss of Earnings 16,000 16,000 Loss of Future prospects 15,000 15,000 Total Compensation 1,70,120 2,30,120 Rounded off 1,70,200 2,30,200

8. In the result, this Civil Miscellaneous Appeal is partly allowed by enhancing the compensation from Rs.1,70,200/- to Rs.2,30,200/-. No Costs.

9. The 2nd respondent / Insurance Company is directed to deposit the amount awarded by this Court, after deducting the amount already deposited if any, together with interest @ 7.5%p.a., from the date of claim till the date of deposit and cost, to the credit of M.C.O.P. No.4257 of 2015 on the file of the Motor Accident Claims Tribunal, the Special 5/7

Sub Court No.1, Small Causes Court, Chennai, within a period of four weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the appellant /claimant through RTGS, within a period of two weeks thereafter. Necessary Court fee, if any has to be paid by the appellant / claimant before receiving the copy of this Judgment.

18.04.2024 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 6/7

ABDUL QUDDHOSE, J.

vsi2 To i) The Special Sub Judge No.1, Special Sub Court No.1, Motor Accident Claims Tribunal, Small Causes Court, Chennai.

ii) The Section Officer, V.R. Section, High Court of Madras, Chennai - 104.

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