Madras High Court
The Managing Director vs Subramani (A) Subramani Reddy on 1 April, 2021
C.M.A.No.1846 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.1846 of 2015
and
M.P.No.1 of 2015
The Managing Director,
Andhra Pradesh State Road,
Transport Corporation, Musheerabad,
Hyderabad, Andhra Pradesh. .. Appellant
Vs.
Subramani (a) Subramani Reddy .. Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the award and decree dated 31.10.2013 passed by
the Chief Judicial Magistrate of Motor Accidents Claims Tribunal at
Krishnagiri in M.C.O.P.No.1080 of 2013, praying to set aside the above said
award and decree.
For Appellant : Ms. G.V. Shoba
For Respondent : No Appearance
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1846 of 2015
JUDGMENT
The appeal has been filed by the Transport Corporation
challenging the award dated 31.10.2013 passed by the Motor Accident
Claims Tribunal, Chief Judicial Magistrate, Krishnagiri.
2. The brief facts leading to the filing of the appeal are as follows:
(i) The respondent sustained injuries as a result of an accident caused
by a bus bearing Registration No.AP-11-Z-4465 owned by the appellant
transport corporation. The respondent preferred a claim before the Motor
Accidents Claims Tribunal in MCOP.No.1080 of 2013 seeking a
compensation of Rs.15,00,000/-.
(ii) The Motor accident Claims Tribunal, by its award dated 31.10.2013
in MCOP.No.1080 of 2013 directed the appellant transport corporation to pay
the respondent a sum of Rs.8,95,216/- together with interest at 7.5% per
annum from the date of claim till the date of realisation.
(iii) Aggrieved by the award dated 31.10.2013 passed in
M.C.O.P.No.1080 of 2013, the appeal has been filed by the Transport
Corporation.
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C.M.A.No.1846 of 2015
3. Heard, Ms. G.V. Shoba, learned counsel for the appellant and
perused the records.
4. The factum of the accident; the manner of the accident and
negligence on the part of the driver of the vehicle is not under challenge.
5. On the point of quantum, the learned counsel for the appellant /
Transport Corporation would contend that for the injuries sustained, the
Tribunal had erred in adopting multiplier method and also in the absence of
any positive evidence, for the alleged avocation, Rs.6,000/- has been fixed.
6. The injured/P.W.1 has deposed that due to the impact in the
accident his tibia fibula on the right leg was totally broken into pieces and the
evidence of P.W.2 T.V.Gandhi-Doctor coupled with Exs.P2 and P3 is that the
disability is at 65%. But, the tribunal assessed the disability at 50% and
adopted multiplier method. On perusing Exs.P2 & P3 discharge summary, it
is seen that after the surgery ¾ inch of the bone was removed from the right
leg and metal and screws have been fixed and the petitioner could not walk
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1846 of 2015
without the assistance of the stick. This is due to the impact of the accident.
The petitioner claims to have been running the welding shop and with the
injuries, which has resulted in 1 ¾ inch reduction in the hip bone will
definitely have an impact on the earning capacity and hence the tribunal has
rightly adopted the multiplier method and consequently, the plea raised by the
transport corporation is hereby rejected. However, I find that 50% disability
fixed by the tribunal is on the higher side.
7. On perusal of the discharge summary Exs.P2 and P3, evidence of
P.W.2 and also the fact that the disability certificate under Ex.P16, I find that
35% as to the whole body disability can be fixed. Accordingly, the pecuniary
loss sustained by the claim petitioner is re-assessed at 6000X12X18X35%
and amounts under all other heads appear to be reasonable.
8. Thus, the compensation awarded by the Tribunal is reduced from
Rs.8,95,216/- to Rs.7,00,816/- the details of which read as follows:
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C.M.A.No.1846 of 2015
Compensation Compensation
Head awarded by the reduced by this Court
Tribunal (Rs.) (Rs.)
Permanent disability 6,48,000/- 4,53,600/-
Pain and sufferings 25,000/- 25,000/-
Extra nourishment 5,000/- 5,000/-
Transportation charges 5,000/- 5,000/-
Attendant Charges 5,000/- 5,000/-
Loss of Income 72,000/- 72,000/-
Medical Bills 1,35,216/- 1,35,216/-
Total 8,95,216/- 7,00,816/-
9. Accordingly, the appeal is partly allowed. No costs.
Consequently connected miscellaneous petition is closed. The appellant
Transport Corporation is directed to deposit the modified compensation
amount with interest and costs, less the amount already deposited, if any,
within a period of 12 weeks from the date of receipt of a copy of this
Judgement. On such deposit, the Tribunal shall transfer the same to the
savings bank account of the respondent/claimant through RTGS within a
period of one week thereafter.
01.04.2021
AT
Index : Yes / No
Internet : Yes/ No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1846 of 2015
RMT.TEEKAA RAMAN,J.
AT
To
1.The Motor Accidents Claims Tribunal,
Chief Judicial Magistrate, Krishnagiri.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.1846 of 2015 and
M.P.No.1 of 2015
01.04.2021
https://www.mhc.tn.gov.in/judis/
