Madras High Court
The Managing Director vs Velayutham on 19 August, 2021
C.M.A.No.2412 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No.2412 of 2021 and
C.M.P.No.13746 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Ltd,
Villupuram Division, 2/137, Salamedu,
Vazhathareddy Post, Villupuram. ... Appellant
vs.
Velayutham ...Respondent
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and decree dated 18.06.2019 made
in M.C.O.P.No.1413 of 2016 on the file of the Motor Accident Claims
Tribunal, III Court of Small Causes, Chennai.
For Appellant : Mr.K.J.Sivakumar
JUDGMENT
This Appeal has been filed by the Transport Corporation challenging
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C.M.A.No.2412 of 2021
the Award dated 18.06.2019 passed by the Motor Accident Claims Tribunal,
III Court of Small Causes, Chennai in M.C.O.P.No.1413 of 2016, directing
the Appellant/Transport Corporation to pay the Claimant a sum of
Rs.6,25,700/- as compensation for the injuries sustained by him in an
accident which occurred on 18.06.2016 involving the bus owned by the
appellant/Transport Corporation.
2. Before the Tribunal, the Respondent/Claimant claimed a sum of
Rs.25,00,000/- as compensation for the injuries sustained by him. In support
of his claim, the Respondent/Claimant marked Exs.P1 to P32 before the
Tribunal and P.W's.1 and 2 were examined as witness. On the side of the
Appellant/Transport Corporation, one witness was examined, but one Exhibit
was marked.
3. On consideration of the oral and documentary evidence available
on record, the Tribunal has awarded a sum of Rs.6,25,609/- as compensation
to the Respondent/Claimant. Details of the compensation awarded by the
Tribunal under the impugned Award, are as follows :
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C.M.A.No.2412 of 2021
Amount awarded by
Heads
the Tribunal (Rs.)
Disability 1,05,000.00
Pain and sufferings 1,50,000.00
Extra nourishment 50,000.00
Transport to Hospital 30,000.00
Damage to clothes 500.00
Attender charges 4,000.00
Medical Expenses 1,91,109.00
Future Medical Expenses 25,000.00
Loss of Income 45,000
Loss of Amenities 25,000
Total 6,25,609.00
Rounded off 6,25,700/-
4. Heard the learned counsel for the parties and perused the
material documents available on record.
5. The learned counsel appearing for the Transport Corporation
contended that the Claims Tribunal erred in fixing negligence on the driver of
the bus merely on the ground that FIR has been registered against the driver
of the bus, which can be taken as corroborative evidence. He further
submitted that the Claims Tribunal has fixed the monthly income of the
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C.M.A.No.2412 of 2021
injured as Rs.15,000/- which is on higher side. He further submitted that the
compensation awarded by the Tribunal is on the higher side for the injuries
sustained by the claimant and hence seeks reduction of the compensation.
6. A perusal of the award would go to show that the Tribunal on
considering Ex.P1-F.I.R. Ex.P2-Discharge Summary, evidence of P.W.1 had
come to the conclusion that the accident took place due to rash and negligent
driving of the driver of the Bus bearing Reg.No.TN-21-N-1508. Though no
documents were produced before the Tribunal with regard to income of the
deceased, the Claims Tribunal, by considering that the claimant who is a
driver would not have been attended his regular avocation atleast for three
months on account of the injuries sustained by him and considering the same
has fixed a sum of Rs.15,000/- per month as income of the deceased and
awarded a sum of Rs.45,000/- as Loss of income and therefore the same
cannot be said to be excessive.
7. A perusal of Discharge summary-Ex.P2 and Disability Certificate-
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C.M.A.No.2412 of 2021
Ex.P30 would go to show that the claimant sustained 'Grade III B
compound segmental fracture of Right Femur and Fracture neck of
Fibula' and though P.W.2-Doctor assessed 65% partial and permanent
disability, the Claims Tribunal has fixed disability at only 35% and by taking
a sum of Rs.3,000/- per percentage of disability awarded a sum of
Rs.1,05,000/- towards the Disability, which is not excessive.
8.Though the compensation awarded towards Pain and Sufferings is on
the higher side, considering the nature of the injuries sustained by the
claimant and period of treatment undergone, this Court is of the view that
Tribunal ought to have awarded some more compensation towards Future
Medical Expenses and therefore the over all compensation awarded by the
Tribunal cannot be said to be excessive.
9. Considering the nature of injuries and period of treatment
undergone by the claimant, the Tribunal has awarded a sum of Rs.1,25,000/-
which is correct and hence the same need not be interfered with.
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C.M.A.No.2412 of 2021
10.Hence, considering the nature of injuries sustained by the Claimant,
the quantum of compensation awarded by the Tribunal to the
Respondent/Claimant under various heads, totalling a sum of Rs.6,25,609-,
cannot be considered to be excessive, as alleged by the Appellant/ Transport
Corporation. For the foregoing reasons, this Court does not find any merit in
this Appeal and the same is liable to be dismissed.
11. Accordingly, the Civil Miscellaneous Appeal stands dismissed.
The Appellant/Transport Corporation is directed to deposit the entire amount
awarded by the Tribunal together with interest at 7.5% per annum from the
date of the Claim Petition till the date of realization, less the amount, if any,
already deposited to the credit of M.C.O.P. No.1413 of 2016 on the file of
the Motor Accidents Claims Tribunal, Chennai within a period of eight 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 Respondent/Claimant through RTGS,
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C.M.A.No.2412 of 2021
within a period of two weeks. No costs. Consequently, connected
miscellaneous petition is closed.
19.08.2021
Index : Yes / No
Speaking Order : Yes / No
arr
To:
1. Motor Accident Claims Tribunal,
III Court of Small Causes, Chennai.
2.The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
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C.M.A.No.2412 of 2021
S.VAIDYANATHAN,J.
arr
C.M.A. No.2412 of 2021
19.08.2021
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