Madras High Court
K.Subramaniyan vs The Managing Director on 21 April, 2021
C.M.A.No.3038 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.3038 of 2013
and M.P.No.1 of 2013
K.Subramaniyan ... Appellant
-vs-
The Managing Director,
Metropolitan Transport Corporation Ltd.,
Pallavan Salai,
Chennai - 600 002. ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the Judgment and Decree dated 01.12.2010
made in MACT.O.P.No.155 of 2009 on the file of the Motor Accidents
Claims Tribunal (Principal Subordinate Judge), Villupuram.
For Appellant : Ms.V.Suguna
For Respondent : Mr.S.Sivakumar
*********
JUDGMENT
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C.M.A.No.3038 of 2013
This Civil Miscellaneous Appeal has been filed against the Judgment
and Decree dated 01.12.2010 made in MACT.O.P.No.155 of 2009 on the
file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge),
Villupuram.
2. For the sake of convenience, the parties are referred to hereunder
according to their litigative status before the Tribunal.
3. The case of the claimant is that on 16.08.2008 when he was
walking along with one Arumugam son of Kannan on the road side plat
form at Abibulla Road, T.Nagar, Chennai, the Metro Transport Corporation
Bus was driven by its driver in a rash and negligent manner and dashed
against the claimant. Due to which the claimant sustained multiple injuries
all over the body and also grievous injuries on his head. Immediately he
was taken into Hospital and he was treated from 17.08.2008 to 08.09.2008.
The major injury sustained by him on his head and because of that his
nerves system leads to brain is damaged, therefore he lost the vision of his
both eyes. He was working as a Mason and he was earning Rs.12,000/- per
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C.M.A.No.3038 of 2013
month. Further, the nerves system leads to brain also damaged and because
of that he is not able to speak and walk properly and always in giddiness
mood which cannot be expressed. Hence the claim petition.
4. Resisting the same, the respondent filed the counter stating that the
claimant was under the influence of alcohol and as such the accident was
took place not in a rash and negligent driving of the respondent's bus driver.
5. On the side of the claimant, P.W.1 to P.W.4 were examined and
Ex.P1 to Ex.P10 were marked. On the side of the respondent R.W.1 was
examined and no exhibits were marked. On perusal of the evidence
available on records and also considering the submission made by the
learned counsel appearing on either side, the Tribunal found that a sum of
Rs.1,21,500/- (Rupees One Lakh Twenty One Thousand Five Hundred
only) as compensation payable by the respondent. Aggrieved by the same,
the claimant filed the present Civil Miscellaneous Appeal for enhancement
of the award.
6. The learned counsel appearing for the claimant would submit that
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C.M.A.No.3038 of 2013
due to the accident the claimant lost his vision on both eyes. His entire
nerves system leads to brain also damaged and as such he is not able to
speak and walk properly. In fact, while pending the appeal here the
claimant was appeared to Dr.Agarwal's Hospital to assess his vision. By the
opinion dated 17.08.2019 Dr.Agarwal's Hospital opined that the claimant
has socially blind vision of 3/60 and less. Therefore, he lost his entire
avocation and he was only 36 years at the time of accident.
7. Per contra, the learned counsel appearing for the respondent would
submit that the claimant was under the influence of alcohol at the time of
accident and only because of his negligence, the accident took place and the
respondent is no way liable to pay any compensation. He further submitted
that the assessment of disability assessed by one Orthopedics Surgeon at
75%, whereas according to the claimant, he was suffered with blindness and
as such, the assessment assessed by Orthopedics Surgeon cannot be
considered and the Tribunal rightly awarded the compensation of
Rs.1,21,500/- and it does not require any enhancement.
8. Heard Ms.V.Suguna, learned counsel appearing for the appellant
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C.M.A.No.3038 of 2013
and Mr.S.Sivakumar, learned counsel appearing for the respondent.
9. On 16.08.2008 when the claimant along with another for walking
on the left hand side of the road at Abibulla Road, T.Nagar, Chennai, the
bus owned by the respondent was driven by its driver and dashed against
the claimant. Due to which he sustained multiple injuries and grievous
injuries on his head. Immediately he was taken to Government Hospital,
Chennai wherein he was treated as in-patient from 17.08.2008 to
08.09.2008. Due to the said accident he lost his vision on his both eyes.
Since, the nerves system leads to brain also damaged and due to which he
lost his vision. In fact, he is also not able to speak and walk properly and
always in giddiness mood for the damage of nerves system leads to brain.
10. Though the P.W.4 was examined who assessed disablement of the
claimant, the disability certificate shows that he is a Orthopedics Surgeon.
Therefore, while pending the present Civil Miscellaneous Appeal the
claimant was directed to appear before the Dr.Agarwal's Eye Hospital.
Accordingly, he appeared and produced the opinion dated 17.08.2019,
Dr.Santosh Balasubramaniam Ophthalmologist Surgeon opined that the
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C.M.A.No.3038 of 2013
claimant needs a Neurologist and Visual pathway lesions and he socially
blind with vision of 3/60 and less. Therefore, the assessment assessed by
the respondent at 75% is correct and it can be taken into account for
awarding compensation.
11. At the time of accident, the claimant was only aged about 36 years
the minimum income can be fixed at Rs.6000/- per month. That apart the
Tribunal ought to have applied the multiplier method, since he lost his
vision on his both eyes and cannot even walk without the help of others.
Accordingly, the claimant is entitled for his Loss of Income 75% of his
monthly income Rs.6000/- comes to Rs.4500/-. Accordingly, Rs.4500/- x
15 x 12 = Rs.8,10,000/-
12. Accordingly the compensation awarded by the Tribunal stands
modified as under :-
Sl.No Heads Amount awarded by Amount awarded by
the Tribunal this Court
1 Loss of Income Rs.15,000/- Rs.8,10,000/-
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C.M.A.No.3038 of 2013
Sl.No Heads Amount awarded by Amount awarded by
the Tribunal this Court
2 Permanent Disability Rs.70,000/- Nil
3 Pain and Sufferings Rs.10,000/- Rs.25,000/-
4 Extra Nourishment Rs.15000/- Rs.15,000/-
5 Transport Expenses Rs.15,000/- Rs.10,000/-
6 Medical Bills Rs.1500/- Rs.1500/-
Total Rs.1,26,500/- Rs.8,61,500/-
13. In the result the Civil Miscellaneous Appeal is partly allowed as
follows:-
(i) The award passed by the Tribunal is enhanced from Rs.1,26,500/-
to Rs.8,61,500/-.
(ii) The award amount will carry the interest at the rate of 7.5% per
annum from the date of the claim petition till the date of deposit.
(iii) The appellant is not entitled to any interest for the delay period
if any in filing this Civil Miscellaneous Appeal.
(iv) The respondent is directed to deposit the award amount, less
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C.M.A.No.3038 of 2013
the amount, if any, already deposited, along with accrued interest within a
period of six weeks from the date of receipt of copy of this Judgment.
(v) On such deposit, the appellant is permitted to withdraw the
amount awarded as above by filing proper application before the Tribunal.
(vi) There shall be no order as to costs. Consequently, connected
miscellaneous petition is closed.
21.04.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
rna
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3038 of 2013
To
1.The Principal Subordinate Judge,
Motor Accidents Claims Tribunal,
Villupuram.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
G.K.ILANTHIRAIYAN, J.
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C.M.A.No.3038 of 2013
rna
C.M.A.No.3038 of 2013
and M.P.No.1 of 2013
21.04.2021
https://www.mhc.tn.gov.in/judis/
