Madras High Court
Ponnusamy vs The Managing Director on 21 April, 2021
C.M.A.No.1225 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.M.A.No.1225 of 2014
Ponnusamy ... Appellant
Versus
The Managing Director,
Tamil Nadu State Transport
Corporation Limited,
Bharathipuram,
Dharmapuri. ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the order and decree dated 18.11.2011 made in
M.C.O.P.No.371 of 2007 on the file of the Motor Vehicle Claims Tribunal,
Principal Subordinate Judge, Krishnagiri.
For Appellant : Mr.K.Prasanna
For M.Sriram
For Respondent : Mr.D.Raghu
Page 1 of 8
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C.M.A.No.1225 of 2014
JUDGMENT
This appeal is laid as against the judgment and decree dated
18.11.2011 passed by the learned the Principal Subordinate Judge, Motor
Vehicle Claims Tribunal, Krishnagiri, in M.C.O.P.No.371 of 2007, thereby
awarded the compensation to the tune of Rs.1,06,100/-
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 09.09.2006, when he was
traveling in a bus, the driver had driven the bus in rash and negligent
manner as such it was capsized. Due to the accident, the claimant sustained
grievous injury and also laceration wound all over the body. Therefore he
was admitted to the Government Hospital, Krishnagiri as inpatient.
Thereafter he was taking treatment in the private hospital in periodical
interval. Hence the claimant filed claim petition seeking compensation at
Rs.5,00,000/-.
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C.M.A.No.1225 of 2014
4. Resisting the same, the respondent filed counter stating that the
accident was not taken place on the rash and negligent driving of the driver.
The accident took place only for the reason that the tyre of the bus busted
due to the worse road, as such the respondent is not at all liable to pay any
compensation and sought for dismissal of the claim petition.
5. On the side of the claimant, examined P.W.1 & P.W.2 and
marked Ex.A.1 to Ex.A.6. On the side of the respondent examined R.W.1
and no document was marked as exhibit. On the basis of the evidence
available on records and also considering the submission made by the
learned counsel appearing on either side, the Tribunal awarded a sum of
Rs.1,06,100/- as compensation payable by the respondent. Being not
satisfied with the quantum of the compensation awarded by the Tribunal, the
claimant came forward with the present appeal for enhancement.
6. The learned counsel appearing for the appellant/claimant
submits that the claimant sustained fracture on his right humerus and other
laceration wound all over the body. Due to the fracture, he could not able to
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C.M.A.No.1225 of 2014
continue his avocation as milk vendor. His disablement was assessed at
40%. Therefore, the Tribunal ought to have applied multiplier method for
calculating the compensation. He further submitted that the Tribunal failed
to award any compensation towards loss of income, loss of amenities and
awarded very meager compensation under the heads of pain and suffering,
transportation and attender charges. Therefore, he prayed for enhancement
of the award amount.
7. Per contra, the learned counsel appearing for the respondent
contended that the Tribunal rightly awarded compensation by granting a
sum of Rs.2,000/- per percentage for permanent disability. The claimant
sustained only partial disablement and due to which, no loss happened to
the claimant in respect of his avocation. Therefore he prayed for dismissal
of the present appeal.
8. Heard Mr.K.Prasanna, learned counsel appearing for the
appellant/claimant and Mr.D.Raghu, learned counsel appearing for the
respondent.
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C.M.A.No.1225 of 2014
9. The claimant while was travelling in a bus on 09.09.2006, the
driver drove the bus in rash and negligent manner as such the tyre of the bus
burst due to which the bus capsized. In that accident, the claimant sustained
fracture on his right humerus and also injuries all over the body. He had
undergone surgery and due to which the movement of his right hand
reduced and the disability was assessed at 40%. The disability certificate
was marked as Ex.A.5 and X-ray marked as Ex.A.6. Considering the same
the Tribunal rightly awarded a sum of Rs.2,000/- per percentage under the
head of permanent disability.
10. The claimant was admitted as inpatient and had treatment for
long period as such the Tribunal ought to have awarded more amount under
the head of pain and suffering. The Tribunal failed to award any amount
under the heads of loss of income and amenities. The claimant was admitted
as inpatient and had treatment for more than three months. Therefore, the
Tribunal ought to have awarded compensation under the head of loss of
income. More over, the interest on the award amount has to be granted at
7.5% instead of 6%.
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C.M.A.No.1225 of 2014
11. Accordingly the compensation awarded by the Tribunal stands
modified as under :-
Sl.No Heads Awarded by the Awarded by this
Tribunal Court
1 Permanent disability 80,000 80,000
2 Pain and suffering 5,000 20,000
3 Transportation charges 5,000 5,000
4 Nutrition 5,000 10,000
5 Attender charges 5,000 10,000
6 Medical expenses 6,100 6,100
7 Loss of income Nil 10,000
8 Loss of amenities Nil 10,000
Total 1,06,100 1,51,100
12. In the result the Civil Miscellaneous Appeal is partly allowed
as follows:-
(i) The award passed by the Tribunal is enhanced from Rs.1,06,100/-
to Rs.1,51,100/-.
(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 respondent is directed to deposit the award amount, less
the amount, if any, already deposited, along with accrued interest within a
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C.M.A.No.1225 of 2014
period of six weeks from the date of receipt of copy of this Judgment.
(iv) On such deposit, the claimant is permitted to withdraw the
amount awarded by filing proper application before the Tribunal.
(v) The appellant/claimant is not entitled to any interest for the
condoned delay (default) period, if any.
(vi) The claimant shall pay requisite Court fee before the receipt of
the copy of the judgment for the enhanced compensation.
(vii) There shall be no order as to costs.
19.04.2021
Index:Yes/No
Internet: Yes/no
Speaking/Non-speaking Order
rts
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1225 of 2014
G.K.ILANTHIRAIYAN, J.
rts
To
1.The Principal Subordinate Judge,
Motor Vehicle Claims Tribunal,
Krishnagiri.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
C.M.A.No.1225 of 2014
21.04.2021
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