SUPREME COURT OF INDIA
M. ABDULLA – Appellant
Versus
T. YUVARAJ – Respondent
C.A. No.-008943-008943 / 2022
29-11-2022
G. INDIRA
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8943/2022
(@Special Leave Petition (C) No.16692/2022)
M. ABDULLA Appellant(s)
VERSUS
T. YUVARAJ & ANR. Respondent(s)
O R D E R
Leave granted.
The appellant is aggrieved by the Judgment and Order dated
30032022 passed by the High Court of Judicature at Madras,
whereby the compensation amount awarded by the Motor Accident
Claims Tribunal to the tune of Rs.37,44,350/ has been reduced to
Rs.24,14,200/.
The appellant met with an accident while driving a Car which
was hit by a lorry.
Respondent No.1 is the owner of the lorry, whereas Respondent
No.2 is the insurer.
The appellant suffered multiple grievous injuries and had to
undergo multiple surgeries, as a result of which, his disability
was assessed in the Government Hospital to the extent of 65% and by
the Medical Board, it was assessed to 80%. The appellant has also
placed on record a latest disability certificate from some Private
Hospital to the effect that he is suffering with 90% disability.
The fact that the appellant suffered multiple injuries or that
he has become permanently disabled are not seriously disputed. The
Digitally signed by
VISHAL ANAND
Date: 2022.12.02
18:16:06 IST
Reason:
Signature Not Verified
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only issue that falls for our consideration is whether the Tribunal
had rightly assessed Rs.20,000/ as his monthly notional income or
whether the High Court was justified in reducing the said income to
Rs.10,000/ per month?
The Tribunal opined as follows:
“The petitioner stated in his petition that he was doing
Steel cutting and Grinding work and was earning a sum of
Rs.3,00,000/ per month at the time of accident. To prove
the same, the PW3 has marked the Ledger Account details of
A.R.I. Traders along with Purchase orders and Bank
statement as Ex.P26 to P30. Though the petitioner has filed
the Bank statement to show his business transactions and
earnings, but to prove his monthly income, the petitioner
failed to file the balance sheet showing the income and
expenses and the IT returns statement for the petitioner,
hence on perusal of documents and Bank statement, this
Tribunal is inclined to fix Rs.20,000/ as monthly notional
income of the petitioner”.
The High Court appears to have misconstrued the reasoning of
the Tribunal in Para 12 of the impugned Judgment where it has
observed that the appellant was neither the owner of ARI Traders
nor was he doing any contract work with the said company. The High
Court thereafter applied the rule of thumb and fixed the notional
income at Rs.10,000/ per month.
The approach of the High Court, in our considered view, is
erroneous and is bereft of appreciation of the material placed on
record by the appellant, a brief reference to which, the Tribunal
has made in Para, reproduced above.
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We are thus of the view that in the absence of a case of any
misreading of evidence or its nonappreciation by the Tribunal, the
monthly income of the appellant assessed by the Tribunal ought not
to have been interfered with by the High Court.
The impugned Judgment of the High Court, to the extent of
reducing the monthly notional income of the appellant from
Rs.20,000/ p.m. to Rs.10,000/ p.m. is, thus, set aside and that
of the Tribunal is restored.
The High Court has rightly granted compensation towards loss
of future prospects to the appellant and the same shall now be
recalculated on the basis of his monthly notional income of
Rs.20,000/ p.m.
The Tribunal is directed to recalculate the compensation
amount payable to the appellant accordingly within a period of one
month from the date of receipt of a copy of this Order.
The Insurance Company – Respondent No.2 shall deposit th