Madras High Court
A.Muthusamy vs The Managing Director on 6 December, 2021
C.M.A.No.901 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.901 of 2018
A.Muthusamy .. Appellant
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
No.12, Ramakrishna Road,
Salem-636 007. .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 09.04.2014
made in M.C.O.P.No.1172 of 2012 on the file of Motor Accident Claims
Tribunal, Special Sub-Court No.1, Salem.
For Appellant : Mr.R.M.Marudhachalmurthy
For Respondent : Mr.D.Venkatachalam
1/8
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C.M.A.No.901 of 2018
JUDGMENT
The Civil Miscellaneous Appeal is filed for enhancement of
compensation granted by the Tribunal in the award dated 09.04.2014 made in
M.C.O.P.No.1172 of 2012 on the file of Motor Accident Claims Tribunal,
Special Sub-Court No.1, Salem.
2.The appellant is claimant in M.C.O.P.No.1172 of 2012 on the file of
Motor Accident Claims Tribunal, Special Sub-Court No.1, Salem. He filed
the said claim petition claiming a sum of Rs.10,00,000/- as compensation for
the injuries sustained by him in the accident that took place on 17.07.2011.
The Tribunal considering the pleadings, oral and documentary evidence, held
that the accident occurred only due to rash and negligent driving by the driver
of the bus belonging to the respondent/Transport Corporation and directed
the respondent to pay a sum of Rs.1,03,000/- as compensation to the
appellant/claimant. Not being satisfied with the amount awarded by the
Tribunal, the appellant has come out with the present appeal seeking
enhancement of compensation.
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C.M.A.No.901 of 2018
3.The learned counsel appearing for the appellant/claimant contended
that the appellant was working as Office Assistant in Labour Department and
was earning a sum of Rs.18,471/- per month and he was also doing real estate
business in which he was getting Rs.2,00,000/- per annum as commission. He
would contend that the appellant sustained fracture on the left tibia and
another fracture on the left scapula and proved the same by examining P.W.2-
Doctor S.Rajamanickam, who assessed that appellant suffered 40% disability.
The respondents have not let in any contra evidence. In the absence of contra
evidence, the Tribunal erroneously reduced the percentage of disability from
40% to 25% and awarded meagre amount of Rs.50,000/- for disability. The
accident is of the year 2011. The Tribunal has not awarded any amount
towards loss of income and attendant charges. The amounts awarded by the
Tribunal under different heads are meagre and prayed for enhancement of
compensation.
4.Per contra, the learned counsel appearing for the
respondent/Transport Corporation contended that the appellant has not
proved that he suffered functional disability and hence the Tribunal has
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C.M.A.No.901 of 2018
rightly applied percentage method and awarded a sum of Rs.50,000/- towards
25% disability. The Tribunal after considering the materials available on
record, has awarded compensation, which is not meagre. The appellant has
not made out any case for enhancement of compensation and prayed for
dismissal of the appeal.
5.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the respondent and perused all the materials
available on record.
6.From the materials available on record, it is seen that according to the
appellant, he was aged 55 years and was working as Office Assistant in
Labour Department and was earning a sum of Rs.18,471/- per month and he
was also doing real estate business in which he was getting Rs.2,00,000/- per
annum as commission. He produced Ex.P9, leave certificate to show that he
had availed medical leave. He would also filed Ex.P8-pay certificate, which
shows his gross salary is Rs.16,598/-. The appellant admits that he is still
continuing his job. Aslo, he would fairly admit that as he had availed medical
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C.M.A.No.901 of 2018
leave, there is no loss of income. Hence, the Tribunal has not awarded any
amount towards loss of income. However, considering the fact that the
accident is of the year 2011 and a sum of Rs.15,000/- is fixed as monthly
income of the appellant and due to the injury, the appellant would not have
certainly attended his work in respect of real estate business atleast for a
period of three months. Therefore, the appellant is entitled to a sum of
Rs.45,000/- (Rs.15,000/- X 3) towards loss of income for three months. The
appellant examined Dr.S.Rajamanickam as P.W.2, who assessed the disability
of the appellant at 40% and Ex.X1/disability certificate was marked to prove
the same. The Tribunal reduced the same to 25% holding that the percentage
of disability assessed by the doctor is slightly on the higher side and awarded
Rs.50,000/- by taking Rs.2,000/- per percentage of disability which is not
correct. Considering the year of accident, this Court awards a sum of
Rs.75,000/- (Rs.3,000/- X 25%) towards permanent disability by taking
Rs.3,000/- per percentage of disability. According to the appellant, he has
taken treatment in the hospital as in-patient for about 7 days. The Tribunal
has not awarded any amount towards attendant charges. This Court awards a
sum of Rs.2,000/- towards attendant charges. The amount awarded by the
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C.M.A.No.901 of 2018
Tribunal towards pain and sufferings and food and extra nourishment are
meagre and the same is hereby enhanced to Rs.30,000/- and Rs.10,000/-. The
amounts awarded by the Tribunal under all the other heads are just and
reasonable and the same are hereby confirmed. Thus, the compensation
awarded by the Tribunal is modified as follows:
S.No Description Amount Amount Award
awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Medical expenses 26,000/- 26,000/- Confirmed
2. Pain & sufferings 20,000/- 30,000/- Enhanced
3. Food & extra 5,000/- 10,000/- Enhanced
nourishment
4. Disability 50,000/- 75,000/- Enhanced
5. Transportation 1,000/- 1,000/- Confirmed
6. Loss towards 1,000/- 1,000/- Confirmed
personal
belongings
7. Loss of income - 45,000/- Granted
8. Attendant - 2,000/- Granted
charges
Total Rs.1,03,000/- Rs.1,90,000/- Enhanced by
Rs.87,000/-
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C.M.A.No.901 of 2018
7.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,03,000/- is hereby
enhanced to Rs.1,90,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The
appellant/claimant shall pay necessary Court fee, if any, on the enhanced
compensation. The respondent-Transport Corporation is directed to deposit
the enhanced award amount now determined by this Court along with interest
and costs, less the amount already deposited, if any, within a period of twelve
weeks from the date of receipt of a copy of this judgment. On such deposit,
the appellant/claimant is permitted to withdraw the enhanced award amount
along with interest and costs, less the amount if any, already withdrawn. No
costs.
gbi 06.12.2021
Index : Yes / No
Internet : Yes/ No
To
1.The Judge,
Special Sub-Court No.1,
Motor Accident Claims Tribunal, Salem.
2.The Section Officer
V.R.Section, High Court, Chennai.
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C.M.A.No.901 of 2018
S.KANNAMMAL, J.,
gbi
C.M.A.No.901 of 2018
06.12.2021
https://www.mhc.tn.gov.in/judis
