The Managing Director vs C.Zafiullah
2021 Latest Caselaw 9327 Mad

                                                         C.M.A.No.1946 of 2016 and
                                                           C.M.P.No.14159 of 2016

        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                              DATED: 08.04.2021
                                    CORAM
      THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
                         C.M.A.No.1946 of 2016
                                  and
                         C.M.P.No.14159 of 2016

The Managing Director,
T.N.S.T.C. (Salem) Limited,
Division-II, Bharathipuram, Salem.                        ... Appellant

                                      ..Vs..

C.Zafiullah                                              ...Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Decree and the Judgment dated 17.12.2013
made in MCOP.No.680 of 2009 on the file of the Motor Accident Claims
Tribunal, Sub Judge, Krishnagiri.


              For Appellant                    : Mr.D.Venkatachalam
              For Respondents 1 & 2            : No appearance




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                                                            C.M.A.No.1946 of 2016 and
                                                              C.M.P.No.14159 of 2016




                                    JUDGMENT

This Civil Miscellaneous Appeal has been filed by the Transport

Corporation challenging the Award dated 17.12.2013 passed by the Motor

Accident Claims Tribunal (Sub Judge, Krishnagiri) in MCOP.No.680 of

2009.

2. The Appellant Transport Corporation has challenged the impugned

award on the ground that the quantum of compensation awarded by the

Tribunal is excessive.

3. The Tribunal has directed the Appellant Transport Corporation to

pay a sum of Rs.96,500/- together with interest and cost to the

respondent/claimant as detailed hereunder:

         Sl.No.           Particulars        Amount (Rs.)
         1        Disability (20 x 3000)            60,000/-
         2        Pain and sufferings               10,000/-
         3        Extra nutrition                   10,000/-





                                                                 C.M.A.No.1946 of 2016 and
                                                                   C.M.P.No.14159 of 2016


        Sl.No.           Particulars              Amount (Rs.)
       4         Medical      expenses       &           10,000/-
                 Transportation
       5         Loss of Income          during           4,500/-
                 convalescence
       6         Attendant Charges                        2,000/-
                 Total                                   96,500/-

4. Heard Mr.D.Venkatachalam, learned counsel for the Appellant.

There is no representation on the side of the respondent. Since no adverse

orders are going to be passed against the respondent, the appearance of the

respondent is unnecessary.

5. The accident happened in the year 2008. In this appeal, the

appellant Transport Corporation has not challenged its liability but has only

challenged the quantum of compensation awarded by the Tribunal. This

Court does not find any infirmity in the compensation awarded by the

Tribunal under various heads.

6. Only in accordance with Ex.P3-disability certificate, the disability

of the respondent/claimant was fixed at 20% by the Tribunal. No contra

C.M.A.No.1946 of 2016 and C.M.P.No.14159 of 2016

evidence was also produced by the Appellant Transport Corporation before

the Tribunal to disprove the said disability. The accident happened in the

year 2008 and the Tribunal has fixed the disability compensation at

Rs.60,000/- calculated at Rs.3,000/- per percentage of disability which in

the considered view of this court cannot be considered to be excessive.

7. Similarly, the compensation awarded by the Tribunal toward pain

and suffering at Rs.10,000/-, Extra nutrition at Rs.10,000/-, Medical

Expenses & Transportation at Rs.10,000/-, Loss of Income during

convalescence at Rs.4,500/- and Attendant charges at Rs.2,000/- cannot also

be considered to be excessive as alleged by the Appellant Transport

Corporation. Therefore, the total compensation awarded by the Tribunal to

the respondent/claimant at Rs.96,500/- cannot be considered to be excessive

as alleged by the Appellant.

8. For the foregoing reasons, there is no merit in this Appeal.

Accordingly, this Civil Miscellaneous Appeal shall stand dismissed. The

Appellant Transport Corporation is directed to deposit the entire award

C.M.A.No.1946 of 2016 and C.M.P.No.14159 of 2016

amount along with interest and costs as assessed by the Tribunal after

deducting the amount already deposited if any to the credit of

MCOP.No.680 of 2009 within a period of four weeks from the date of

receipt of a copy of this Judgment. On such deposit being made, the

Tribunal shall transfer the amount lying to the credit of MCOP.No.680 of

2009 to the bank of the respondent claimant through RTGS within a period

of one week thereafter. No costs. Consequently, connected miscellaneous

petition is closed.

08.04.2021

Index:Yes/No Internet:Yes/No Speaking/Non-speaking order nl

To

1. The Sub Judge, Krishnagiri

2.The Section Officer V.R.Section, High Court of Madras.

C.M.A.No.1946 of 2016 and C.M.P.No.14159 of 2016

ABDUL QUDDHOSE, J.

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C.M.A.No.1946 of 2016

08.04.2021