Back
2021 Supreme(Mad) 1118
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, S. KANNAMMAL, JJ.
Selvi W/o. Late Nallusamy - Appellant
Versus
P.R. Rajendran S/o. Ramasamy Gounder & Ors. - Respondents
C.M.A. No. 4102 of 2019
Decided On : 07-04-2021
For the Appellant : Mr. C. Thangaraju.
For the Respondent: Ms. C. Harini for Mr. N. Vijayaraghavan.
Headnote:
Motor Accident Claims – Seeking compensation - Awarded - Quantum of compensation - Rash and negligent - While the claimant was riding pillion in a two-wheeler bearing registration NH Bye-Pass road junction a bus bearing Registration TN belonging to first respondent and insured with Insurance Company driven by its driver in a rash and negligent manner and dashed against the two-wheeler as a result of which the claimant sustained grievous injuries all over the body - Hence claimant filed the claim petition seeking compensation in a sum of amount - Said claim was resisted by Insurance Company by filing a detailed counter statement inter-alia contending that the accident had not occurred in the manner as projected by claimant - They have also denied age occupation and income of claimant - Thus Insurance Company prayed for dismissal of the claim petition - Held, This Court is of the view that it would not be proper to apply multiplier in this case - However, considering nature of injuries suffered by the claimant, the award of per percentage of disability is on lower side and hence same is enhanced to \ per percentage of disability - Accordingly, the compensation payable under the head 'permanent disability' would be amount - Claimant was a coolie and due to the injuries suffered by him he would find it difficult to carry on his avocation as he was doing before - Considering nature of injuries suffered by claimant this Court is of view that amount awarded under other heads is also on lower side - Accordingly sum of amount awarded under head pain and suffering is enhanced to sum of awarded under head 'for nutrition' is enhanced to amount - Appeal is partly allowed.
JUDGMENT :
R. SUBBIAH, J.
This matter is heard through Video Conferencing.
2. For the sake of convenience, appellant herein is referred to as 'Claimant' and second respondent is referred to as 'Insurance Company'.
3. Not being satisfied with the quantum of compensation awarded by the Tribunal in and by its judgment and decree dated 10.08.2018 passed in M.C.O.P.No.1146 of 2016 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate, Namakkal, the claimant has filed the present appeal.
4. The brief facts of the case are as follows:
On 25.11.2015 at about 04.00 p.m., while the claimant was riding pillion in a two-wheeler bearing registration No.TN-28-J-3228 on the Namakkal to Karur NH7 Bye-Pass road, Keerambur junction, a bus bearing Registration No.TN-30-AR-0333, belonging to first respondent and insured with the Insurance Company, driven by its driver in a rash and negligent manner and dashed against the two-wheeler, as a result of which the claimant sustained grievous injuries all over the body. Hence, the claimant filed the claim petition seeking compensation in a sum of Rs.15,00,000/-.
5. The said claim was resisted by Insurance Company by filing a detailed counter statement inter-alia contending that the accident had not occurred in the manner as projected by claimant. They have also denied the age, occupation and income of the claimant. Thus, Insurance Company prayed for dismissal of the claim petition.
6. To prove their claim, the claimant examined herself as PW-1 besides examining Dr. Sivalingam as PW-2 and Dr. Karthik as PW-3 and marked 18 documents as Exs.P1 to P18. On the side of Insurance Company, none were examined and no exhibits were marked.
7. On appreciation of materials and the entire evidence on record, the Tribunal arrived at a finding that the accident had occurred owing to the rash and negligent driving of the bus bearing Registration No.TN-30-AR-0333, belonging to first respondent and held that the Insurance Company, as insurer of the said bus, is liable to pay compensation. The compensation awarded by the Tribunal is as follows:
| Sl. No. | Compensation awarded under the head | Amount (in Rs.) |
| 1. | Medical Bills | 5,22,400/- |
| 2. | Permanent disability (3000 * 62%) | 1,86,000/- |
| 3. | Pain and suffering | 45,000/- |
| 4. | For nutrition | 15,000/- |
| 5. | Transport expenses | 10,000/- |
| 6. | Loss of Income for 3 months (3000 * 3) | 9,000/- |
|
| Total | 7,87,400/- |
The said sum was directed to be paid together with interest at 7.5% p.a. from the date of claim petition till the date of deposit.
8. Learned counsel appearing for claimant submits that in the accident, the claimant suffered the following injuries: (i) polytrauma (ii) left upper limb distal fracture, right and left lower limb both bone fracture (iii) Head injury - left temporal contusion (iv) Grade 2 open right proximal tibia fracture (v) Grade 1 open left proximal tibia fracture and (vi) closed comminuted left distal radius fracture and other injuries. The claimant was admitted at Neuro Foundation hospital for 2 days i.e. 25.11.2015 and 26.11.2015, thereafter, she was shifted to Ganga Hospital, Coimbatore, wherein she took treatment for 12 days i.e. 26.11.2015 to 07.12.2015. Again, she was admitted at Ganga Hospital, Coimbatore and took treatment for 8 days i.e. 06.04.2016 to 13.04.2016. Totally, the claimant underwent treatment for 22 days as an in-patient. During such time, operation was performed for fracture of both legs, left wrist and plate and screws were fitted. The claimant had also undergone physiotherapy from 14.04.2016 to 08.08.2016. Doctor had assessed the disability at 62%. The claimant was a coolie and due to the injuries suffered by her in the accident, she is unable to carry on her avocation as she was doing before. In such circumstances, the Tribunal ought to have applied multiplier in awarding compens
