CMA No.2809 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2023

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

CMA No.2809 of 2022

K.Gnanavel

.. Appellant

Vs.

1. S.Aarumugam

2. The Chief Manager,

Reliance General Insurance Co. Ltd.,

Reliance House, 6^th Floor, No.6,

Haddows Road, Nungambakkam,

Chennai.

.. Respondents

PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of

Motor Vehicles Act, 1988 to enhance the award passed by the Motor

Accidents Claims Tribunal [Sub Court], Panruti, by its decree and judgment

dated 23.04.2022 made in MCOP No.335 of 2019.

For Appellants

: Mrs.Ramya V. Rao

For Respondents : Mr.P.Suresh Srinivasan (for R2)

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CMA No.2809 of 2022

JUDGMENT

Injured Gnanavel, has filed MCOP No.335 of 2019, before the

Motor Accidents Claims Tribunal [Sub Court], Panruti, for the injuries

sustained in the road transport accident, happened on 19.04.2019.

2. The claims tribunal by its judgment and decree dated

23.04.2022, awarded a sum of Rs.2,65,000/- with interest at the rate of 7.5%

per annum from the date of claim till the date of realization, excluding the

delay period, if any and directed the 2^nd respondent-Insurance Company to

pay compensation to the injured/claimant and to recover the same from the

owner of the vehicle/1^st respondent herein.

3. Not satisfied with the quantum of compensation and seeking

enhancement, the injured/claimant has preferred this Civil Miscellaneous

Appeal.

4. For the sake of convenience, the parties are hereinafter referred

to as per their ranking before the claims tribunal.

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CMA No.2809 of 2022

5. The factum of the accident, the manner of the accident, the rash

and negligence on the part of the driver of the offending vehicle and pay

and recovery ordered by the tribunal, are not disputed and hence, the

findings rendered by the claims tribunal, are confirmed.

6. On the point of quantum of compensation, heard the learned

counsel on either side.

7. Perusal of the award shows that, the claims tribunal on analysis

of oral and documentary evidence has awarded Rs.1,65,000/- towards loss

of functional disability, which is assessed as 33% i.e. Rs.5000/- per

percentage of disability. Further, the claims tribunal has awarded,

Rs.30,000/- towards pain and suffering and Rs.10,000/- each under the

heads, medical expenses, extra nourishment, attender charges, loss of

amenities and future medical expenses. By fixing the notional income of

the deceased as Rs.5000/- per month, the claims tribunal has awarded

Rs.20,000/-, towards loss of income during the period of treatment i.e.

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CMA No.2809 of 2022

Rs.5,000/- x 4 months. In all, as stated supra, the claims tribunal has

awarded a sum of Rs.2,65,000/- as compensation to the injured/claimant.

8. The date of accident is 19.04.2019. At the time of accident, the

injured-Gnanavel was aged about 36 years and working as a Mason.

Though, the injured claimed that he earned Rs.20,000/- per month, since, no

proof was produced, the claims tribunal fixed the notional income of the

injured as Rs.5,000/- for the accident in the year 2019 and awarded

compensation under the head loss of income for the period of four months,

which is very less and therefore, this Court is of the considered view that a

sum of Rs.10,000/-per month may be fixed as notional income. Further, the

claimant would have lost income atleast for the period of six months.

9. Though the claims tribunal has awarded just and reasonable

compensation under the heads, loss of functional disability, medical

expenses, extra nourishment and pain and suffering, since the injured has

sustained grievous injuries and fractures in shaft of femur, left forearm and

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