CMA.No.3770 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.04.2023

CORAM

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

C.M.A.No.3770 of 2019

R.Periyasamy

... Appellant

Vs.

1.S.Rajasingh

2.M/s.National Insurance Co.Ltd.

Rep by its Divisional Office – 1,

L.R.N.Complex, Salem – 7.

... Respondents

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor

Vehicles Act, 1988, against the Judgment and Decree dated 07.12.2017 made in

M.C.O.P.No.794 of 2015 on the file of the Motor Accidents Claims Tribunal,

Special Sub- Court-I, Salem.

For Appellant

: Mr.K.Varadhakamaraj

For Respondents

: Mr.D.Bhaskaran for R2

Dispensed with - R1

JUDGMENT

This appeal has been filed by the appellant/claimant seeking enhancement

of compensation under the impugned award dated 07.12.2017 in M.C.O.P.No.794

of 2015 passed by the Motor Accidents Claims Tribunal, (Special Sub-Court-I,

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CMA.No.3770 of 2019

Salem).

2. The case of the appellant/claimant is that on 10.01.2015 at 10.10 p.m.,

while the appellant was riding his motor cycle bearing Regn.No.TN-34-Q-4177 on

the side of the S.P.B.Mill to Thiruchendgode main road, in SPB colony, opposite

to Church, the rider of the motor cycle bearing Regn.No.TN-34-M-3084 drove it

in a rash and negligent manner from the opposite direction to the appellant and

dashed against the appellant. Due to the said impact, the appellant sustained crush

injury, fracture on right thigh and grievous injuries all over the body. Claiming

that the appellant was a Worker in Paper mills and earning about Rs.20,000/- per

month and the rider of the motor cycle bearing Regn.No.TN-34-M-3084 is solely

responsible for the accident, the appellant/claimant has filed a claim petition

claiming a sum of Rs.13,00,000/-.

3. The Appellant/claimant unsatisfied with the quantum of compensation

awarded by the Tribunal under the impugned award, has preferred this appeal

seeking for enhancement.

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CMA.No.3770 of 2019

4. The Motor Accidents Claim Tribunal, under the impugned award, has

awarded a compensation of Rs.3,63,337/- together with interest and costs to the

Appellant/claimant which is detailed hereunder:

Heads

Award Amount

(Rs.)

Loss of Earning capacity

2,16,000/-

Pain and sufferings

25,000/-

Transport and other

expenses

10,000/-

Medical Expenses

62,337/-

Extra Nourishment

20,000/-

Loss of amenities

30,000/-

Total

3,63,337/-

5. The Appellant/claimant has met with an accident on 10.01.2015 and

sustained permanent disability to right leg and disfiguration in right leg,

amputation of right leg great toe and fracture on right femur and injuries all over

the body. As a result of which, accident caused by the vehicle owned by the first

respondent. He preferred a claim before the Motor Accidents Claims Tribunal

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CMA.No.3770 of 2019

seeking compensation for the injuries sustained by him. The Motor Accident

Claims Tribunal had directed the respondents 1 and 2 to pay the aforesaid

compensation jointly and severally to the Appellant/claimant.

6. Before the Tribunal, on the side of the appellant/claimant, two witnesses

were examined as PW1 and PW2 and 10 exhibits were marked as Ex.P1 to

Ex.P10. On the side of the second respondent, neither witness was examined nor

document filed.

7. Heard the learned counsel for the appellant and the learned counsel for

the second respondent and perused the materials available on record.

8. The learned counsel appearing on behalf of the appellant mainly

contended that the Tribunal went wrong in not awarding any amount under the

head of disability. The Tribunal erred in fixing 20% loss of earning capacity. It

has erred in fixing income of the appellant Rs.6000/- per month. It ought to have

fixing the income of the appellant as just one considering the appellant,

occupatio