✦ High Court of India · 19 Dec 2024

High Court · 2024

Case Details High Court of India · 19 Dec 2024

Court

High Court of India

Decided

19 Dec 2024

Bench

Not available

Length

1,342 words

Acts & Sections

Motor Vehicles Act 1988

C.M.A.No.2140 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.12.2024CORAMTHE HONOURABLE MR.JUSTICE M.DHANDAPANIC.M.A.No.2140 of 2021V.Suresh ... Appellant Vs.1.K.Shankar2.ICICI Lombard General Insurance Company Limited, No.84 & 85, 1st Floor, Walltax Road, Chennai – 79.... RespondentsPrayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to allow the appeal and enhance the compensation in M.C.O.P.No.6065 of 2016 dated 06.11.2020, on the file of the Motor Accidents Claims Tribunal/ (Special Sub Court No.1, Motor Accidents Claims Petitions), Small Causes Court, Chennai. For Appellant : Mrs.Ramya V.Rao For Respondents : R1 – No Appearance Mr.B.Sivakollappan for R2J U D G M E N TThis appeal has been filed against the judgment and decree dated 06.11.2020 passed by the Motor Accidents Claims Tribunal / 1/9 https://www.mhc.tn.gov.in/judis C.M.A.No.2140 of 2021(Special Sub Court No.1, Motor Accidents Claims Petitions), Small Causes Court, Chennai, in M.C.O.P.No.6065 of 2016.2.The learned counsel appearing for the appellant submitted that on 09.06.2016, at about 10.45 hours, the appellant was riding the two wheeler bearing Registration No.TN 05 AX 4136 from Sharma Nagar Market to his house at Sharma Nagar, S.A.Colony 5th Street, near Door No.274, Vyasarpadi, Chennai. At that time, the motorcycle bearing Registration No.TN 05 BB 6775 came in a rash and negligent manner in the opposite direction and dashed the motorcycle driven by the appellant, due to which, the appellant sustained injuries. 3.The learned counsel appearing for the appellant further submitted that thereafter, the injured claimant/ appellant filed claim petition before the Tribunal, claiming compensation of Rs.10 Lakhs. After adjudication, the Motor Accidents Claims Tribunal fixed 25% contributory negligence on the claimant and 75% contributory negligence on the rider of the motorcycle bearing Registration No.TN 05 BB 6775 and arrived at a total compensation of Rs.1,97,575/- and directed that the appellant claimant is entitled to Rs.1,48,181.25 rounded off to Rs.1,48,181/- [75% of Rs.1,97,575/-] with interest at 2/9 https://www.mhc.tn.gov.in/judis C.M.A.No.2140 of 2021the rate of 7.5% p.a. from the date of filing of the claim petition i.e.,28.09.2016 till the realization and costs and directed the second respondent to deposit the said amount. Aggrieved by the same, the appellant claimant has filed this appeal. 4.The learned counsel appearing for the appellant further submitted that the appellant has filed this appeal questioning the 25% contributory negligence fixed on the appellant and the quantum of compensation awarded by the Tribunal. 5.The learned counsel appearing for the appellant further submitted that inorder to prove the case, the appellant examined himself as P.W.1 and marked Ex.P1 to Ex.P.11. The Insurance Company did not examine any witness and marked Ex.R1 – Rough sketch copy and one Court document was marked as exhibit Ex.C1. Inorder to disprove the case, the appellant Insurance Company did not examine any independent eye witness, however, the Tribunal fixed 25% contributory negligence fixed on the appellant, which is not sustainable one. 3/9 https://www.mhc.tn.gov.in/judis C.M.A.No.2140 of 20216.The learned counsel appearing for the appellant further submitted that the accident is of the year 2016, however, the Tribunal awarded only a sum of Rs.3,000/- per percentage of disability and further submitted that the amount awarded under the other heads are also very very meagre and hence, the appellant is entitled for enhancement in compensation.7.The learned counsel appearing for the second respondent Insurance Company submitted that the Tribunal after considering all the factual aspects, awarded the compensation which is just and reasonable and hence, the impugned judgment warrants no interference. 8.Heard the learned counsel appearing for the appellant claimant as well as the learned counsel appearing for the second respondent Insurance Company and perused the materials available on record. 9.The accident is not disputed. Admittedly, the appellant examined himself as P.W.1 and inorder to disprove the case, the appellant Insurance Company did not examine any independent eye witness. The Tribunal has fixed 25% contributory negligence on the 4/9 https://www.mhc.tn.gov.in/judis C.M.A.No.2140 of 2021claimant on the ground that during cross examination P.W.1 admitted that the accident occurred as shown in the rough sketch and as per rough sketch, the accident occurred on the middle of the road and it is head on collision. This Court perused the cross examination of P.W.1 and it makes it clear that due to the rash and negligent driving of the first respondent, the accident occurred and it did not attribute any contributory negligence. Hence, this Court fix the entire negligence on the first respondent/ rider of the vehicle insured with the second respondent. 10.Insofar as the quantum of compensation is concerned, the tribunal after elaborately discussing the factual aspects awarded a sum of Rs.60,000/- for disability, Rs.20,000/- for pain and sufferings, Rs.3,000/- for transportation, Rs.63,325/- for medical expenses, Rs.15,000/- for extra nourishment, Rs.1,250/- for attender charges, Rs.15,000/- for loss of earning, Rs.20,000/- for loss of future prospectus and arrived at a total compensation of Rs.1,97,575/- and directed that the appellant claimant is entitled to Rs.1,48,181.25 rounded off to Rs.1,48,181/- [75% of Rs.1,97,575/-] with interest at the rate of 7.5% p.a. from the date of filing of the claim petition i.e.,28.09.2016 till the realization.5/9 https://www.mhc.tn.gov.in/judis C.M.A.No.2140 of 202111.The Medical Board has assessed the disability of the injured claimant as 20%. At the relevant point of time Rs.5,000/- per percentage of disability was awarded. Hence, the amount awarded for disability works out to Rs.1,00,000/- [20% X Rs.5,000/- = Rs.1,00,000/-]. The amount awarded under the heads pain and sufferings, transportation, extra nourishment, attender charges, loss of earnings, in the opinion of this Court are low and this Court is inclined to enhance the amount awarded under the said heads. Accordingly, the amount awarded for pain and sufferings is enhanced to Rs.50,000/- from Rs.20,000/-, the amount awarded for transportation is enhanced to Rs.10,000/- from Rs.3,000/-, the amount awarded for extra nourishment is enhanced to Rs.20,000/- from Rs.15,000/-, the amount awarded for attender charges is enhanced to Rs.10,000/- from Rs.1,250/-, the amount awarded for loss of earnings is enhanced to Rs.20,000/- from Rs.15,000/-. The amount awarded under the head loss of future prospectus, in the opinion of this Court is not necessary and the same is deleted. The amount awarded under the head medical expenses, in the opinion of this Court is just and reasonable and the same is confirmed. 6/9 https://www.mhc.tn.gov.in/judis C.M.A.No.2140 of 202112.Accordingly, the compensation amount is re-assessed as follows:S.No.DescriptionAmount Awarded by the TribunalAmount Awarded by this Court1.DisabilityRs. 60,000/-Rs.1,00,000/-2.Pain and sufferingsRs. 20,000/-Rs. 50,000/-3.TransportationRs. 3,000/-Rs. 10,000/-4.Medical expensesRs. 63,325/-Rs. 63,325/-5.Extra nourishmentRs. 15,000/-Rs. 20,000/-6.Attender charges expensesRs. 1,250/-Rs. 10,000/-7.Loss of earningsRs. 15,000/-Rs. 20,000/-8.Loss of future prospectusRs. 20,000/----TotalRs.1,97,575/-Rs.2,73,325/-13.The appellant claimant is entitled to total compensation of Rs.2,73,325/- along with interest at the rate of 7.5% p.a. from the date of filing of the claim petition i.e.,28.09.2016 till the realization.14.The civil miscellaneous appeal is partly allowed. The judgment and decree dated 06.11.2020 passed by the Motor Accidents Claims Tribunal / (Special Sub Court No.1, Motor Accidents Claims Petitions), Small Causes Court, Chennai, in M.C.O.P.No.6065 of 2016, is modified to the above extent. No costs. 7/9 https://www.mhc.tn.gov.in/judis C.M.A.No.2140 of 202115.The second respondent Insurance Company is directed to deposit the modified/ enhanced award amount before the Tribunal within a period of six weeks from the date of receipt of a copy of this judgment, less the amount if any, already deposited. On such deposit being made, the appellant/ claimant is permitted to withdraw the modified/ enhanced award amount, along with accrued interest and costs, after deducting the amount already withdrawn, if any, on making proper and necessary application before the Tribunal. The appellant/ claimant shall not be entitled to any interest for the period of delay, if any, in filing/ representing the appeal. The appellant/ claimant is directed to pay the requisite Court fee for the enhanced compensation amount, if required. The Motor Accidents Claims Tribunal/ (Special Sub Court No.1, Motor Accidents Claims Petitions), Small Causes Court, Chennai, shall disburse the compensation amount upon production of certified copy showing proof of payment of Court fee by the appellant/ claimant. 19.12.2024priIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ NoTo1.The Motor Accidents Claims Tribunal/ (Special Sub Court No.1, Motor Accidents Claims Petitions), Small Causes Court, Chennai.8/9 https://www.mhc.tn.gov.in/judis C.M.A.No.2140 of 2021M.DHANDAPANI,J.priC.M.A.No.2140 of 202119.12.20249/9

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