D.Bharathi v. M.Sugumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CMA No.604 of 2023 D.Bharathi ..Appellant .vs.
1.M.Sugumar 2.The National Insurance Company Limited Third Party Claims Cell Near Alankar Theatre Vellore.
..Respondent (No relief sought against the 1st respondent. Hence, notice may be dispense with) Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 07.04.2021 made in M.C.O.P.No.446 of 2016, on the file of the Motor Accident Claims Tribunal, II Additional District Judge, Ranipet, Vellore District. For Appellants :
Mr.M.Sivakumar For Respondents :
Mr.P.Sankara Narayanan for R2 No appearance for R1 1/6
JUDGMENT
The claimant not being satisfied with the quantum of compensation awarded by the Tribunal in M.C.O.P.No.446 of 2016, dated 07.04.2021, has filed the present appeal seeking for enhancement of compensation. 2.The case of the claimant is that on 22.06.2016, she was travelling as pillion rider in a two wheeler at Walajah to Majakuppam Road and at about 10.00 hours a cow suddenly crossed the road and the rider of the two wheeler applied sudden break. The deceased was thrown out of the vehicle and she sustained "Traumatic brain injury with right temporal contusion and right temporal acute subdural hemorrhage". The claimant underwent treatment as an inpatient for nearly 21 days and she also underwent a surgery involving right temporo perietal craniotomy and evacuation of subdural hemorrhage. The Medical Board assessed the disability at 55%.
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 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 two wheeler.
Sl.No.
Compensation awarded under the head Amount (in Rs.) 1.
Transportation 25,000/- 2.
Extra Nourishment (for 21 days IP) 50,000/- 3.
Cost of attender (for 21 days IP) 30,000/- 4.
Pain and Suffering 50,000/- 5.
Partial Permanent Disability for 55% [Rs.3,000/- x 55) 1,65,000/- 6.
Loss of Amenities and Loss of Future Prospects 50,000/- 7.
Medical Expenses (Ex.P.6 Bills) 3,96,402/- Total 7,66,402/- Rounded to 7,66,400/- 4.The above compensation was directed to be paid with interest at the rate of 7.5% per annum.
5.The claimant not being satisfied with the quantum of compensation awarded by the Tribunal, has filed the present appeal seeking for enhancement of compensation.
6.Heard Mr.M.Sivakumar, learned counsel for the appellant and Mr.P.Sankara Narayanan, learned counsel for R2. The 1st respondent has been served with notice and the name has also been printed in the cause list. There is no appearance either in person or through counsel. 3/6
7.This Court has carefully considered the submissions made on either side and the materials available on record. This Court also carefully went through the award passed by the Tribunal.
8.The Tribunal has calculated disability by applying the per percentage method and a sum of Rs.3000/- was fixed per percentage. The accident had taken place in the year 2016 and this Court is inclined to fix a sum of Rs.5000/- per percentage. Thus, the compensation under the head 'permanent disability' is fixed at Rs.2,75,000/- [55% x 5000].
9.In this case, the claimant underwent treatment as an inpatient for nearly 26 days and she also underwent a brain surgery. Hence, this Court is inclined to fix the compensation under the head of 'pain and suffering' to Rs.1,00,000/-. The Tribunal has not granted any compensation under the head 'loss of income'. The nature of injury sustained by the deceased would have stopped her from going to any work for atleast six months. The claimant claimed that she was a coolie worker. Therefore, this Court is inclined to grant a sum of Rs.60,000/- under the head 'loss of income' [6 months x 10,000/-]. The compensation that has been fixed under the other heads are reasonable and the same stands confirmed. 10.In the light of the above discussion, the compensation granted by the 4/6
Tribunal is modified as follows:
Sl.
No.
Compensation awarded under the head Amount awarded by this Court (in Rs.) 1.
Transportation 25,000/- 2.
Extra Nourishment (for 21 days IP) 50,000/- 3.
Cost of attender (for 21 days IP) 30,000/- 4.
Pain and Suffering 1,00,000/- 5.
Partial Permanent Disability for 55% [Rs.5,000/- x 55) 2,75,000/- 6.
Loss of Amenities and Loss of Future Prospects 50,000/- 7.
Medical Expenses (Ex.P,6 Bills) 3,96,402/- 8.
Loss of Income [Rs.10,000/- * 6 months] 60,000/- Total 9,86,402/- Rounded to 9,86,400/-
11. The compensation awarded by the Tribunal at Rs.7,66,400/- is enhanced to Rs.9,86,400/-. The 2nd respondent - Insurance Company is directed to deposit the enhanced compensation, less the amount already deposited, together with interest @ 7.5% p.a., from the date of claim petition till the date of deposit within a period of six 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 appellant/claimant. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. 5/6
N. ANAND VENKATESH., J kp 12.In the result, the Civil Miscellaneous Appeal is partly allowed in the above terms. No costs.
26.06.2024 Index : Yes/No Speaking Order/Non-Speaking Order KP To 1.The National Insurance Company Limited Third Party Claims Cell Near Alankar Theatre Vellore.
2.Motor Accident Claims Tribunal, II Additional District Judge Ranipet, Vellore District.
CMA No.604 of 2023 6/6