A.David v. S.Shoba (Exparte)

JUDGMENT Not satisfied by the quantum of compensation passed in Award dated

21.06.2024 in MCOP No.6584 of 2016 on the file of Motor Accident Claims Tribunal / III Court of Small Causes, Chennai, the Claimant herein has Page1 of 8 preferred this Appeal for enhancement of compensation.

¶2Parties are indicated herein as per their litigative status and ranking before the Tribunal.

¶3Claim petition is filed under Section 166 of Motor Vehicles Act, 1988, claiming compensation of Rs.20,00,000/- for the injuries sustained by the claimant herein in a road traffic accident that occurred on 28.05.2015. The Tribunal upon consideration of evidence and after hearing arguments advanced by either side granted compensation of Rs.3,86,300/- with interest at the rate of 7.5% per month from the date of claim petition.

¶4The amounts awarded under various heads are given hereunder: "Towards Partial Permanent Disability – Rs.1,44,000/-; towards pain and sufferings – Rs.30,000/-; towards transport charges – Rs.4,000/-; towards medical expenses – Rs.1,57,616/-; towards extra nourishment and loss of amenities - Rs.10,000/- under each head; towards attender charges – Rs.5,700/-; towards damages to cloths – Rs.1,000/-; towards loss of earning Rs.24,000/-; in toto Rs.3,86,300/- was granted"

¶5The learned counsel for the appellant / claimant would strenuously contend that the claimant who was 34 years of age was working as Tailor had suffered comminuted fracture of right tibia and fracture of right clavicle. He Page2 of 8 would further contend that the Claimant was admitted as inpatient at Bharathiraja Hospital, Chennai. It is his further argument that the claimant was referred to the Regional Medical Board, Chennai for assessment of disability and the Regional Medical Board assessed his disability at 36% and the Tribunal granted a sum of Rs.1,44,000/- towards partial permanent disability is very less. For pain and sufferings, loss of earning and for loss of amenities, the amounts awarded by the Tribunal are also not sufficient and sought for enhancement of compensation.

¶6Per contra, the learned counsel for the second respondent would vehemently contend that by taking into account the age, avocation and income of the claimant and in consideration of other attendant circumstances, the amounts awarded by the Tribunal under various heads are reasonable and according to him, it does not call for any interference by this Court.

¶7The manner in which the accident took place is not in dispute. It has come on record through the evidence of P.W1 that on 28.05.2005 on account of the accident, he suffered right tibia fracture, fracture of right clavicle and dislocation of CMC joint right hand. He was treated as inpatient from

29.05.2015 to 05.06.2015 and from 25.07.2015 to 01.08.2015 and from

13.12.2015 to 15.12.2015 at Bharathiraja Hospital, Chennai.

¶8The discharge summaries are Exs.P3 to P5. The claimant suffered Page3 of 8 compound comminuted bicondylar fracture of the right tibia, fracture of right clavicle, dislocation of the CMP joint of the right hand and TFCC injury. As regards the fracture of right tibia, external fixator was fixed and thereafter it was removed.

¶9Date of accident is 28.05.2015. As per the medical records, his age is taken as 32 years. To substantiate the income details, no concrete proof is filed or marked. However, in consideration of the aforestated details, notional income of the claimant is approximated at Rs.14,000/- per month. For the disability assessed by the Medical Board as such is fixed as functional disability by the Tribunal. Having gone through the evidence of P.W1 coupled with medical records, the said assessment disability cannot be found fault with. Towards partial permanent disability, as the accident occurred in the year 2015, a sum of Rs.1,44,000/- is granted stands confirmed. The claimant was admitted thrice in the hospital as inpatient and has undergone two surgeries. Therefore, towards loss of income, a sum of Rs.70,000/- is granted. For pain and sufferings and extra nourishment, Rs.15,000/- under each head is granted over and above the amount awarded by the Tribunal. Towards loss of amenities, a sum of Rs.20,000/- is granted in addition to the amount granted by the Tribunal. Towards attender charges, a sum of Rs.10,000/- is granted in addition to the amount granted by the Tribunal. Towards Medical expenses, the Tribunal has very elaborately discussed as to why some of the medical bills were not accepted. Page4 of 8

¶10As regards the other heads, the amounts awarded by the Tribunal appears to be acceptable and reasonable and hence, it does not call for any interference by this Court. The amounts awarded by this Court as mentioned supra after rework is tabulated hereunder: Sl. No. Description Amount awarded by Tribunal Amount awarded by this Court Award confirmed or enhanced or granted or reduced Towards Partial Permanent Disability Rs.1,44,000/- Rs.1,44,000/- Confirmed Towards pain and sufferings Rs.30,000/- Rs.45,000/- Enhanced Towards transport expenses Rs.4,000/- Rs.4,000/- Confirmed Towards medical expenses Rs.1,57,616/- Rs.1,57,616/- Confirmed Towards extra nourishment Rs.10,000/- Rs.25,000/- Enhanced Towards attender charges Rs.5,700/- Rs.15,700/- Enhanced Towards damages for cloths Rs.1,000/- Rs.1,000/- Confirmed Towards loss of amenities Rs.10,000/- Rs.30,000/- Enhanced Loss of earnings Rs.24,000/- Rs.70,000/- Enhanced Total Rs.3,86,316/- Rs.4,92,316/- Enhanced Rounded off Rs.3,86,300/- Rs.4,92,300/- Enhanced

¶11Thus, the compensation awarded by the Tribunal is enhanced from Rs.3,86,300/- to Rs.4,92,300/- which would carry interest at the rate of 7.5% per annum from the date of petition till the date of realisation.

¶12In the result,

(i) The Civil Miscellaneous Appeal stands partly allowed. There is no Page5 of 8 order as to costs.

(ii) The compensation awarded by the Tribunal is enhanced from

Rs.3,86,300/- to Rs.4,92,300/-.

(iii) The Insurance Company / second respondent is directed to deposit the enhanced compensation amount determined by this Court, i.e., Rs.4,92,300/- (less the amount already deposited, if any), together with interest at the rate of 7.5% per annum from the date of the claim petition till the date of deposit, excluding the period of delay, and with costs, to the credit of MCOP.No.6584 of 2016 on the file of the Motor Accident Claims Tribunal / III Court of Small Causes, Chennai, within a period of eight weeks from the date of receipt of a copy of this Judgment.

(iv) On such deposit being made, the claimant is permitted to withdraw the amount along with the interest and costs, after adjusting the amount, if any already withdrawn, by filing necessary application before the Tribunal.

(v) The claimant is directed to pay the Court fee for the enhanced compensation amount, if required.

(vi) The Tribunal below shall disburse the amount upon production of the certified copy showing proof of payment of Court fee by the claimant. 30-06-2026 Index: Yes/No Speaking/Non-speaking order MAC Page6 of 8 To

¶1The Motor Accident Claims Tribunal / III Court of Small Causes, Chennai

¶2Reliance General Insurance Co. Ltd (exparte) No.29 (3rd Floor), North Usman Road, T. Nagar, Chennai – 017.

¶3The Section Officer, VR Section, Madras High Court, Madras. Page7 of 8

R.KALAIMATHI, J. MAC 30-06-2026 Page8 of 8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MRS.JUSTICE R. KALAIMATHI A.David S/o. Anthony, No.61 B, Old No.61, Neruppumedu, Alandur Road, Saidapet, Chennai - 014. ..Appellant(s) Vs. 1. S.Shoba (Exparte) No.32-A, Salai Street, Big Kanchipuram, Kanchipuram District – 502. 2. Reliance General Insurance Co. Ltd (Exparte) No.29 (3rd Floor), North Usman Road, T. Nagar, Chennai - 017. ..Respondent(s) Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the Award dated 21.06.2024 passed in M.C.O.P. No. 6584 of 2016 on the file of the Motor Accidents Claims Tribunal / III Court of Small Causes, Chennai. For Appellant(s) : Mr.R.Mohan Babu For Respondent(s): Mr.P.Suresh Srinivasan for R2 Notice for R1 is not ready