Madras High Court
Nethaji Subash Chandrabose vs The Managing Director on 30 April, 2021
C.M.A. No.1334 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A. No.1334 of 2016
Nethaji Subash Chandrabose .... Appellant
versus
The Managing Director,
Tamil Nadu State Transport Corporation
(VPM) Ltd.,
Villupuram. ... Respondent
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the decree and judgment dated 08.03.2016
passed in M.C.O.P. No.2770 of 2011 on the file of Motor Accident Claims
Tribunal cum III Judge, Small Causes Court, Chennai.
For Appellant : Mr.Amar D. Pandiya
For Respondent : Mr.K.J.Shivakumar
JUDGMENT
This appeal has been filed by the claimant seeking enhancement of
compensation under the impugned award dated 08.03.2016 passed by the
learned III Judge, Motor Accident Claims Tribunal, Small Causes Court,
Chennai in MCOP No.2770 of 2011.
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C.M.A. No.1334 of 2016
2. The Tribunal under the impugned award directed the respondent to
pay the appellant / claimant a compensation of Rs.4,33,200/- together with
interests and costs as detailed below :-
Heads Amount awarded
by the Tribunal
(Rs.)
Pecuniary Loss:
Loss of income 36,000/-
Attender charges 1,300/-
Transport to hospital 2,500/-
Extra nourishment 10,000/-
Medical bills 63,000/-
Future medical charges 25,000/-
Non pecuniary loss
Damages for mental shock and 10,000/-
agony
Pain and suffering 30,000/-
Loss of earning power 2,30,400/-
Loss of amenities 25,000/-
Total 4,33,200/-
3. The appellant / claimant unsatisfied with the quantum of
compensation awarded by the Tribunal under the impugned award has filed
this appeal seeking for enhancement.
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C.M.A. No.1334 of 2016
4. Heard Mr.Amar D. Pandiya, learned counsel for the appellant and
Mr.K.J.Shivakumar, learned counsel for the respondent / Transport
Corporation.
5. This Court has perused and examined the impugned award before
the Tribunal.
6. The appellant / claimant has sustained the following injuries as a
result of an accident caused by a bus owned by the Transport Corporation
on 08.07.2011 :
Fracture in right and left Tibia junction of Middle
third and distal third, right ankle fracture and multiple injuries
all over the body of the appellant / claimant.
7. The appellant / claimant was hospitalised for a period of 6 days.
He was a Carpenter by profession and was aged 31 years at the time of the
accident. The nature of injuries sustained by the appellant / claimant have
not been disputed by the respondent / Transport Corporation before the
Tribunal. The Tribunal assessed the whole body disability of the appellant /
claimant at 10%, which in the considered view of this Court is low. The
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C.M.A. No.1334 of 2016
Doctor (PW2) has assessed the whole body disability of the appellant
/claimant at 30%, but the Tribunal has reduced the same to 10%, which is
not a correct assessment.
Accordingly, this Court after considering the nature of the injuries sustained
by the appellant / claimant is of the considered view that the whole body
disability of the appellant / claimant will have to be enhanced to 15%
instead of 10% fixed by the Tribunal. Accordingly, this Court fixes the
whole body disability of the appellant / claimant at 15% for the purpose of
assessing the loss of earning power of the appellant / claimant. Accordingly,
in view of the fixation of the whole body disability of the appellant /
claimant at 15% by this Court, the loss of earning power of the appellant /
claimant is enhanced to Rs.3,45,600/- (15% of Rs.12,000/- = Rs.1,800/- x
12 x 16) by this Court instead of Rs.2,30,400/- as fixed by this Tribunal.
8. The Tribunal has awarded a compensation of Rs.36,000/- towards
Loss of income; Rs.1,300/- towards Attender charges; Rs.2,500/- towards
Transport to Hospital; Rs.10,000/- towards Extra nourishment; Rs.63,000/-
towards medical bills; Rs.25,000/- towards future medical charges;
Rs.30,000/- towards pain and suffering and Rs.25,000/- towards loss of
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C.M.A. No.1334 of 2016
amenities to the appellant / claimant for the injuries sustained by him, which
in the considered view of this Court is a just compensation and there is no
scope for any interference.
9. The nature of the injuries sustained by the appellant does not
deserve any payment of compensation towards Damages for mental shock
and agony. However, the Tribunal awarded Rs.10,000/- as compensation
towards Damages for mental shock and agony and since it is an erroneous
assessment, the same is set aside by this Court.
10. For the foregoing reasons, the award of the Tribunal is hereby
modified in the following manner :
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Pecuniary Loss:
Loss of income 36,000/- 36,000/-
Attender charges 1,300/- 1,300/-
Transport to hospital 2,500/- 2,500/-
Extra nourishment 10,000/- 10,000/-
Medical bills 63,000/- 63,000/-
Future medical charges 25,000/- 25,000/-
Non pecuniary loss
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C.M.A. No.1334 of 2016
Heads Amount awarded Amount awarded
by the Tribunal by this Court
(Rs.) (Rs.)
Damages for mental shock
and agony 10,000/- -
Pain and suffering 30,000/- 30,000/-
Loss of earning power 2,30,400/- 3,45,600/-
Loss of amenities 25,000/- 25,000/-
Total 4,33,200/- 5,38,400/-
11. In the result, the appeal filed by the appellant / claimant, stands
partly allowed by enhancing the compensation from Rs.4,33,200/- to
Rs.5,38,400/- as indicated above. No costs.
12. The respondent / Transport Corporation is directed to deposit the
entire award amount as assessed by this Court together with interest at 7.5%
p.a. from the date of claim petition till the date of realization, less the
amount, if any, already deposited to the credit of M.C.O.P. No.2770 of 2011
on the file of Motor Accident Claims Tribunal cum III Judge, Small Causes
Court, Chennai, 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
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C.M.A. No.1334 of 2016
appellant /claimant, through RTGS, within a period of two weeks
thereafter. The requisite Court fee, if any has to be paid by the
appellant/claimant before receiving the copy of this Judgment.
30.04.2021
Index : Yes / No
Internet : Yes / No
Speaking / Non speaking
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To :
1.The III Judge,
Small Causes Court,
Motor Accident Claims Tribunal,
Chennai
2. The Section Officer,
V.R. section,
High Court, Madras - 104.
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C.M.A. No.1334 of 2016
ABDUL QUDDHOSE, J.
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C.M.A. No.1334 of 2016
30.04.2021
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