CMA.Nos. 2106 of 2016 & 1773 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.Nos.2106 of 2016 & 1773 of 2017
&
C.M.P.No.9525 of 2017
Rasammal ..... Appellant in
CMA No.2106 of 2016
and
1st respondent in
CMA No.1773 of 2017 Vs.
1. P. Natarajan ..... 1st Respondent in CMA No.2106 of 2016 and 2nd respondent in CMA No.1773 of 2017
2. The Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode, Rep. by its Managing Director, Chennimalai Road, Erode - 638 001. 2nd Respondent in CMA No.2106 of 2016 and Appellant in CMA No.1773 of 2017 Prayer in C.M.A. No.2106 of 2016: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement of compensation amount awarded in the Fair and Final Order dated https://www.mhc.tn.gov.in/judis/ 1/10 CMA.Nos. 2106 of 2016 & 1773 of 2017 07.06.2016 made in M.C.O.P. No.291 of 2015 on the file of the Motor Accident Claims Tribunal (Special Subordinate Judge Court), Erode. Prayer in C.M.A. No.1773 of 2017: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree dated 07.06.2016 made in M.C.O.P. No.291 of 2015 on the file of the Motor Accident Claims Tribunal, Special Subordinate Judge Court, Erode.
For Appellant in CMA.No.
2106 of 2016 & 1st Respondent in CMA.No.1773 of 2017 : Mr. R. Prabakaran For 2nd Respondent in CMA.No.
2106 of 2016 & Appellant in CMA.No. 1773 of 2017 : Mr. K.J. Shivakumar COMMON JUDGMENT C.M.A. No. 1773 of 2017 has been filed by the Transport Corporation and C.M.A. No.2106 of 2016 has been filed by the claimant challenging the very same award dated 07.06.2016 passed by the Motor Accident Claims Tribunal, Special Subordinate Court, Erode in M.C.O.P. No.291 of 2015.
2. Since both the appeals are arising out of the very same award, these appeals are disposed of by this common judgment.
3. Heard Mr.K.J.Shivakumar, learned counsel for the Transport Corporation and Mr.R. Prabakaran, learned counsel for the claimant. https://www.mhc.tn.gov.in/judis/ 2/10 CMA.Nos. 2106 of 2016 & 1773 of 2017
4. The Transport Corporation has filed the Appeal questioning the quantum of compensation awarded by the Tribunal under the impugned award. The claimant has filed the Appeal seeking for enhancement of compensation. The details of the compensation awarded by the Tribunal to the claimant under the impugned award are as follows:
Heads Amount Awarded
by the Tribunal in
Rs.
Loss of Income 13,500
Transport expenses 4,000
Extra nourishment 9,000
Damages for clothes 500
and Articles
Medical expenses 85,200
Pain and sufferings 40,000
Disability and loss of 88,000
earning power
Total 2,40,200
5. The cause of the accident has not been disputed by the Transport Corporation. The only issue that arises for consideration is whether the compensation awarded by the Tribunal is a just compensation or not and whether the claimant is entitled for any enhancement.
6. The accident happened on 17.03.2015. The claimant is a Coolie https://www.mhc.tn.gov.in/judis/ 3/10 CMA.Nos. 2106 of 2016 & 1773 of 2017 (Labourer). In the claim petition, she has pleaded that she was earning Rs.7,500/-p.m. However, the Tribunal has fixed the notional monthly income of the claimant at Rs.4,500/-. Since the year of the accident is 2015, this Court is of the considered view that the notional monthly income fixed by the tribunal at Rs.4,500/- is low. Even for a vegetable vendor, for an accident that happened only the year 2008 in the case of Syed Sadiq and others V. Divisional Manager, United India Insurance Company Limited reported in 2014 ACJ 6, the Hon'ble Supreme Court has fixed the notional monthly income at Rs.6,500/-. Since, no documentary evidence has been produced by the claimant before the Tribunal to prove her monthly income, the same yardstick as held by the decision referred to supra is followed by this Court. Accordingly, this Court fixes the notional monthly income of the claimant at Rs.6,500/- instead of Rs.4,500/- erroneously fixed by the Tribunal. The Tribunal has awarded a compensation of Rs.13,500/- towards loss of income to the claimant during the period of her treatment. Admittedly, the claimant was hospitalised for a period of 10 days and she is also a Coolie. Being a Labourer, it would have been difficult for her to do her regular avocation atleast for a period of four months. The Tribunal has however calculated https://www.mhc.tn.gov.in/judis/ 4/10 CMA.Nos. 2106 of 2016 & 1773 of 2017 the loss of income during the period of her treatment only for a period of three months. Since this Court has assessed the loss of income for a period of four months and since this Court has enhanced the monthly income of the claimant to Rs.6,500/-, the loss of income is re-assessed by this Court at Rs.26,000/-, calculated at Rs.6,500/-p.m. for a period of four months instead of Rs.13,000/- erroneously fixed by the Tribunal.
7. The Tribunal has also awarded a lesser compensation towards transportation, extra nourishment and damage to clothing. This Court therefore enhances the compensation towards transportation from Rs.4,000/- to Rs.5,000/-, towards extra nourishment from Rs.9,000/- to Rs.10,000/- and towards damage to clothing from Rs.500/- to Rs.1,000/-.
8. Insofar as the compensation awarded by the Tribunal towards medical expenses at Rs.85,200/- is concerned, the same is confirmed by this Court as it is supported by medical bills.
9. Insofar as compensation towards pain and suffering at Rs.40,000/- is concerned, the same is also confirmed by this Court.
10. Insofar as the compensation awarded by the Tribunal towards disability and loss of earning power at Rs.88,000/- is concerned, it is on the higher side. The Tribunal has awarded the disability compensation at https://www.mhc.tn.gov.in/judis/ 5/10 CMA.Nos. 2106 of 2016 & 1773 of 2017 Rs.2,000/- per percentage of disability for 24% disability assessed by the Tribunal. The accident happened in the year 2015, this Court is of the considered view that after giving due consideration to the nature of the injuries sustained by the claimant, the disability compensation will have to be fixed at Rs.3,500/- per percentage of disability for 24% disability suffered by the claimant. If Rs.3,500/- per percentage of disability is taken into consideration, the disability compensation has to be reassessed to the claimant at Rs.84,000/- calculated at (Rs.3,500/- x 24%). The Tribunal has erroneously awarded compensation towards loss of earning power which cannot be granted as the claimant has already been awarded compensation towards disability as well as loss of income during the period of her treatment, which will amount to duplication. There can either be compensation awarded towards disability or towards loss of earning power but compensation cannot be awarded towards both the heads. The injuries sustained by the appellant / claimant does not entitle her to get compensation under the head loss of earning capacity by adopting the multiplier method. She is entitled only for disability compensation based on the percentage basis. For the foregoing reasons, this Court is awarding compensation only under the head “disability”. https://www.mhc.tn.gov.in/judis/ 6/10 CMA.Nos. 2106 of 2016 & 1773 of 2017
11. For the foregoing reasons, the compensation awarded by the Tribunal is enhanced to Rs.2,51,200/- from Rs.2,40,200/- as detailed hereunder:
Heads Amount Awarded Amount
by the Tribunal Awarded by this
in Rs. Court in Rs.
Loss of Income 13,500 26,000
Transport expenses 4,000 5,000
Extra nourishment 9,000 10,000
Damages for 500 1,000
clothes and Articles
Medical expenses 85,200 85,200
Pain and sufferings 40,000 40,000
Disability and loss 88,000 84,000
of earning power * #
* head awarded by
the Tribunal
Disability
# head modified by
this Court
Total 2,40,200 2,51,200
12. In the result, the Appeal filed by the Transport Corporation in C.M.A. No.1773 of 2017 is dismissed as it does not deserve any merit and the Appeal filed by the claimant in CMA.No.2106 of 2016 is partly allowed by enhancing the compensation from Rs.2,40,200/- to https://www.mhc.tn.gov.in/judis/ 7/10 CMA.Nos. 2106 of 2016 & 1773 of 2017 Rs.2,51,200/-. No Costs. Consequently, the connected Civil Miscellaneous Petition is closed.
13. The Transport Corporation/ Appellant in CMA.No.1773 of 2017 as well as the 2nd respondent in CMA.No.2106 of 2016 is directed to deposit the amount awarded by this Court, after deducting the amount already deposited if any, together with interest from the date of claim till the date of deposit and cost, to the credit of M.C.O.P.No.291 of 2015 within a period of four weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the appellant /claimant in CMA No.2106 of 2016 as well as the 1st respondent in CMA No.1773 of 2017 through RTGS, within a period of two weeks thereafter. Necessary Court fee, if any has to be paid by the appellant in CMA No.2106 of 2016 before receiving the copy of this Judgment.
01.10.2021 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 https://www.mhc.tn.gov.in/judis/ 8/10 CMA.Nos. 2106 of 2016 & 1773 of 2017 To
1. The Special Subordinate Judge, Motor Accidents Claims Tribunal, Erode.
2. The Section Officer, V.R. Section, High Court, Madras.
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis/ 9/10 CMA.Nos. 2106 of 2016 & 1773 of 2017 vsi2 CMA.Nos. 2106 of 2016 & 1773 of 2017 01.10.2021 https://www.mhc.tn.gov.in/judis/ 10/10