Ellppa @ Ellappan v. Velu

Judgment This Civil Miscellaneous Appeal has been filed by the claimant Page2 of 7 challenging the award passed by the Motor Accident Claims Tribunal, Special District Court, Dharmapuri in MCOP No.296 of 2018 dated 27.07.2021 wherein the claimant is seeking for enhancement of compensation fixed by the Tribunal.

¶2The case of the claimant is that on 23.12.2016, the claimant along with another person was travelling on a two wheeler at Bangalore to Hosur National Highways and at about 3.00 a.m, the rider of the two wheeler dashed against an iron barricade placed at the middle of the road. The claimant sustained the following injuries :- "fracture in the right forehand, head injury, fracture of right shoulder, fracture of both legs and facial injury" The rider of the vehicle died on the spot. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for compensation.

¶3The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the two wheeler.

¶4Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.8,32,550/- under various heads as follows :- Page3 of 7 Sl.No. Compensation awarded under the head Amount (in Rs.)

¶1Compensation for future loss of income Rs.6,04,800/-

¶2Pain and suffering Rs.40,000/-

¶3Extra nourishment expenses Rs.15,000/-

¶4Attender Charges Rs.5,000/-

¶5Loss of amenities Rs. 30,000/-

¶6Medical expenses Rs.1,18,750/-

¶7Transport expenses Rs. 5,000/-

¶8Loss of income Rs.14,000/-Total Rs.8,32,550/-

¶5The above compensation was directed to be paid with interest at the rate of 7.5% per annum. The Tribunal ordered for "pay and recover" on the ground that the rider of the two wheeler did not posses a valid driving license. Aggrieved by the same, the claimant has filed this Appeal seeking for enhancement of compensation.

¶6Heard Mr.Mr.D.Ramesh Kumar, learned counsel for appellant/claimant and Mr.C.Johnson, learned counsel for 2nd respondent.

¶7This Court carefully considered the submissions made on either side and the materials available on record. Page4 of 7

¶8This Court also carefully went through the award passed by the Tribunal.

¶9The Tribunal on considering the nature of injuries sustained by the claimant and taking note of the fact that the claimant was a mason by profession and found that there was a functional disability and hence, applied the multiplier method. While applying the multiplier method, the notional monthly income fixed was Rs.7,000/-for an accident which took place in the year 2016. This fixation is certainly on the lower side. Therefore, this Court is inclined to fix the notional monthly income at Rs.15,000/-. Accordingly, the compensation towards loss of income is calculated as follows :-

Future Loss of income = Rs.15,000x12x 18 x 40/100) = Rs.12,96,000

¶10The claimant had undergone treatment as an inpatient for nearly 10 days and had sustained very serious injuries. Therefore, this Court is inclined to enhance the compensation under the head of pain and sufferings to Rs.75,000/-, Extra Nourishment to Rs.25,000/- and Attender Charges to Rs.20,000/-.

¶11The compensation granted under the head of loss of income is set aside since the compensation has already been granted for future loss of income. Page5 of 7

¶12In view of the same, the compensation granted by the Tribunal is modified as follows :- Sl.No. Compensation awarded under the head Amount by the Tribunal (in Rs.) Amount awarded by this Court (in Rs.)

¶1Compensation

for future loss of income Rs.6,04,800/-Rs.12,96,000/-

¶2Pain and suffering Rs.40,000/-Rs.75,000/-

¶3Extra

nourishment expenses Rs.15,000/-Rs.25,000/-

¶4Attender Charges Rs.5,000/-Rs.20,000/-

¶5Loss of amenities Rs. 30,000/-Rs.30,000/-

¶6Medical expenses Rs.1,18,750/-Rs.1,18,750/-

¶7Transport expenses Rs. 5,000/-Rs.5,000/-

¶8Loss of income Rs.14,000/-Total Rs.8,32,550/-Rs.15,69,750/-

¶13The compensation awarded by the Tribunal at Rs.8,32,550/- is enhanced to Rs.15,69,750/-. The Insurance company is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of six (6) weeks from the date of receipt of this judgment. Insofar as the enhanced compensation of Rs.7,37,200/- is concerned, the Page6 of 7 appellant/claimant will not be entitled for interest for the period of delay of 453 days as was ordered by this Court in C.M.P.No.25057 of 2023, dated

04.06.2024. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellant. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.

¶14In the result, the Civil Miscellaneous Appeal is partly allowed in the above terms. No costs. 01-07-2026 Index: Yes/No Speaking/Non-speaking order RKA To The Motor Accident Claims Tribunal, Special District Court, Dharmapuri CMAoNo.o1535oofo2024 N.ANANDoVENKATESHoJ. RKA CMAoNo.o1535oofo2024 01-07-2026 Page7oofo7

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH Ellppa @ Ellappan S/o. Munusamy, No.54, Mel Veedhi, Kodiyur, Pennagaram Post and Taluk, Dharmapuri District. ..Appellant(s) Vs 1. Velu No.3/89, Mudhugampatti Village, Kookuttamaradhahalli Post, Pennagaram Taluk, Dharmapuri District-636810. 2. The Branch Manager The National Insurance Company Limited, 88-F, Byepass Road, Dharmapuri Town, Dharmapuri Taluk and District. ..Respondent(s) To set aside the award dated 27-07-2021 made in MCOP.No.296/2018 on the file of the MACT, Spl.District Court, Dharmapuri. For Appellant(s): Mr.D.Rameshkumar For Respondent(s): M/s. C. Johnson Takes Notice For R2 R1 - Dispensed With (vide Court Order Dated 05/07/2024)