Murugan v. Govindasamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Civil Miscellaneous Appeal No.1341 of 2024 Murugan ... Appellant Vs.
1. Govindasamy
2. The National Insurance Company Limited 73, Perundurai Road, Erode - 638011 ... Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the award in the judgement and decree dated 18.06.2020 made in M.C.O.P.No.212 of 2017 on the file of the Motor Vehicle Accident Claims Tribunal / Special District Judge Court, Erode. For Appellant : Mr.C.Paraneedharan For Respondents : Mrs.R.Sreevidhya for 2nd Respondent *****
JUDGMENT
1/8
The claimant not being satisfied with the quantum of compensation fixed by the Tribunal, has filed this Appeal challenging the award passed by the Motor Vehicle Accident Claims Tribunal / Special District Judge Court, Erode, in M.C.O.P.No.212 of 2017 dated 18.06.2020.
2.
The case of the claimant is that on 05.02.2016, the claimant was riding the two wheeler at Dharmapuri to K.Morur Main Road and at about 1.00 p.m, the offending vehicle was driven by the 1st respondent in a rash and negligent manner and he hit the two wheeler driven by the claimant. As a result of which, the claimant fell down from the vehicle and he sustained fracture on the left clavicle. The claimant underwent treatment from 05.02.2016 to 09.02.2016 and he also underwent surgery. The Medical Board assessed the disability of the claimant at 10%. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation. 3.
The Tribunal on considering the facts and circumstances of 2/8
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 rider of the offending vehicle. Having rendered such a finding, the Tribunal determined the total compensation at Rs.1,64,770/- under various heads as follows :- Sl.N o.
Compensation awarded under the head Amount (in Rs.) 1.
Extra Nourishment Rs.5,000/- 2.
Pain and sufferings Rs.45,000/- 3.
Disability 10% Rs.30,000/- 4.
Attender charges Rs.5,000/- 5.
Medical expenses Rs.44,770/- 6.
Transportation charges Rs. 5,000/- 7.
Loss of income Rs.30,000/- Total Rs.1,64,770/- The above compensation was directed to be paid with interest at the rate of 7.5% per annum.
4.
The claimant not being satisfied with the quantum of compensation fixed by the Tribunal has filed this appeal seeking for 3/8
enhancement of compensation.
5.
Heard Mr.T.S.Arthanareeswaran, learned counsel for appellant/claimant and Mrs.R.Sreevidhya, learned counsel for 2nd respondent.
6.
This Court has carefully considered the submissions made on either side and the materials available on record. 7.
This Court also carefully went through the award passed by the Tribunal.
8.
The Tribunal has adopted per percentage method and has fixed only Rs.3,000/- per percentage. Considering the fact that the accident had taken place in the year 2016 and taking note of the judgement of the Division Bench in CMA No.3334 of 2021 dated 15.06.2022, this Court is inclined to fix Rs.5,000/- per percentage. Accordingly, the compensation under the head of disability is fixed at Rs.50,000/- (10 x 5000).
4/8
9.
The claimant has undergone treatment for nearly five days as an in patient and an operation was also performed and hence, this Court is inclined to increase the compensation under the head of extra nourishment to Rs.10,000/-.
10.
The claimant was involved in the avocation of wood cutting. Considering the nature of injuries sustained by the claimant, he would not have been able to get back to job atleast for five months and hence, the compensation under the head of loss of income is worked out to Rs.50,000 ( Rs.10,000 x 5 months).
11.
Insofar as all the other heads are concerned, the compensation fixed by the Tribunal is reasonable and it does not require the interference of this Court.
12.
In the light of the above discussion, the compensation fixed by the Tribunal is modified in the following terms :- 5/8
Sl.N o.
Compensation awarded under the head Amount (in Rs.) 1.
Extra Nourishment Rs.10,000/- 2.
Pain and sufferings Rs.45,000/- 3.
Disability Rs.50,000/- 4.
Attender charges Rs.5,000/- 5.
Medical expenses Rs.44,770/- 6.
Transportation charges Rs. 5,000/- 7.
Loss of income Rs.50,000/- Total Rs.2,09,770/-
13. The compensation awarded by the Tribunal at Rs1,64,770/- is enhanced to Rs.2,09,770/-. The second 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 of Rs.64,000/- is concerned, the appellant/claimant will not be entitled for interest for the period of delay of 151 days as was ordered by this Court in C.M.P.No.18866 of 2022, dated 03.06.2024. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellant. The other directions issued by the Tribunal with regard 6/8
to the mode of payment of compensation remains unaltered. 14.
In the result, the Civil Miscellaneous Appeal is partly allowed in the above terms. No costs.
19.06.2024 Speaking Judgment/Non-speaking Judgment Index :Yes/No rka 7/8
N.ANAND VENKATESH.,J rka To, Motor Vehicle Accident Claims Tribunal / Special District Judge Court, Erode.
Civil Miscellaneous Appeal No.1341 of 2024 19.06.2024 8/8