Madras High Court
A.Lakshmi Prabha vs The Managing Director on 21 December, 2021
C.M.A.No.3151 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.3151 of 2011
A.Lakshmi Prabha .. Appellant
Vs
The Managing Director
Tamil Nadu State Transport Corporation Ltd.
Salem Division I
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 17.03.2005
made in M.C.O.P.No.1220 of 2003 on the file of Motor Accident Claims
Tribunal, Principal District Court, Salem.
For Appellant : Mrs.K.Ponmani
for M/s.Zeenath Begum
For Respondent : Mrs.P.Rajathi
for Mr.D.Raghu
1/9
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C.M.A.No.3151 of 2011
JUDGMENT
The Civil Miscellaneous Appeal is filed for enhancement of
compensation granted by the Tribunal in the award dated 17.03.2005 made in
M.C.O.P.No.1220 of 2003 on the file of Motor Accident Claims Tribunal,
Principal District Court, Salem.
2.The appellant is the claimant in M.C.O.P.No.1220 of 2003 on the file
of Motor Accident Claims Tribunal, Principal District Court, Salem. She filed
the said claim petition claiming a sum of Rs.27,00,000/- as compensation for
the injuries sustained by her in the accident that took place on 17.04.2003.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the bus belonging to the respondent and directed the
respondent/Transport Corporation to pay a sum of Rs.5,03,000/- as
compensation to the appellant.
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C.M.A.No.3151 of 2011
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellant contended that in the
accident, the appellant suffered injuries on his head, right leg, fracture in the
collar bone and multiple injuries all over the body. Due to the injuries, her
right leg above knee was amputated and her eye sight has been reduced.
P.W.4/Doctor after examining the appellant, certified that the appellant suffered
80% disability and marked the disability certificate as Ex.A15. The Tribunal
without considering the same, awarded only a lumpsum of Rs.2,25,000/- as
compensation towards permanent disability. At the time of accident, the
appellant was earning a sum of Rs.8,000/- per month by doing silver business.
Due to the injuries, she could not do the work as she was doing earlier. The
Tribunal has awarded only a meagre sum of Rs.10,000/- towards loss of
income. The appellant took treatment as in-patient in Vidya Hospital, Salem,
from 17.04.2003 to 19.04.2003 and thereafter, took treatment as in-patient in
Manipal Hospital, Bangalore, from 19.04.2003 to 08.05.2003. The Tribunal
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C.M.A.No.3151 of 2011
has not awarded any compensation towards attendant charges. The amounts
awarded by the Tribunal under different heads are meagre and prayed for
enhancement of compensation.
6.Per contra, the learned counsel appearing for the respondent/Transport
Corporation contended that the Tribunal considering the materials placed
before it, awarded compensation, which are not meagre. The Tribunal granted
compensation along with interest at the rate of 9% per annum, which is
excessive. The appellant has not made out any case for enhancement of
compensation and prayed for dismissal of the appeal.
7.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the respondent/Transport Corporation and
perused the entire materials on record.
8.From the materials on record, it is seen that it is the contention of the
appellant that she suffered head injury, popliteal artery injury with advanced
irreversible ischemia with myonecrosis of right leg, fracture in the collar bone
and multiple injuries all over the body. Due to the injuries in head and right leg,
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C.M.A.No.3151 of 2011
her eye sight has been reduced and right leg above knee was amputated. To
prove the same, the appellant examined the Doctor as P.W.4 and marked the
disability certificate as Ex.A15. P.W.4/Doctor certified that the appellant
suffered 80% disability. Though the Tribunal accepted the disability assessed
by P.W.4/Doctor, granted only a lumpsum of Rs.2,25,000/- towards permanent
disability. Considering the fact that the right leg of the appellant above knee
was amputated, this Court adopts multiplier method to award compensation
towards permanent disability by fixing 80% disability. The appellant has
contended that at the time of accident, she was doing silver business and was
earning a sum of Rs.8,000/- per month. The appellant failed to prove the said
contention. In the absence of any material evidence with regard to monthly
income, the Tribunal fixed a sum of Rs.6,000/- per month as notional income of
the appellant and the same is on the higher side. The accident is of the year
2003. Hence, a sum of Rs.3,000/- per month is fixed as notional income of the
appellant. The appellant was aged 35 years at the time of accident. As per the
judgment of the Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC
Supreme Court (Sarla Verma vs. Delhi Transport Corporation), the
multiplier applicable is '16'. Thus, the compensation awarded by the Tribunal
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C.M.A.No.3151 of 2011
towards permanent disability is modified to Rs.4,60,800/- (Rs.3,000/- X 12 X
16 X 80/100).
8(i) Immediately after the accident, the appellant was admitted in
Government Hospital, Sengam. Thereafter, she took treatment as in-patient in
Vidya Hospital, Salem, from 17.04.2003 to 19.04.2003 and thereafter, in
Manipal Hospital, Bangalore, from 19.04.2003 to 08.05.2003. To prove the
same, the appellant marked the discharge summaries as Exs.A7 and A8. The
Tribunal has not awarded any compensation towards attendant charges.
Considering the nature of injuries and period of treatment taken by the
appellant, a sum of Rs.20,000/- is awarded as compensation towards attendant
charges. The amounts awarded by the Tribunal under all other heads are just
and reasonable and hence, the same are hereby confirmed. The Tribunal
granted compensation along with interest at the rate of 9% per annum from the
date of petition till the payment. The appellant is entitled to interest at the rate
of 7.5% per annum only for the enhanced amount of compensation. Thus, the
compensation awarded by the Tribunal is modified as follows:
S.No Description Amount awarded Amount Award
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C.M.A.No.3151 of 2011
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Permanent 2,25,000 4,60,800 Enhanced
disability
2. Pain and 15,000 15,000 Confirmed
suffering
3. Medical 2,32,866 2,32,866 Confirmed
expenses
4. Loss of income 10,000 10,000 Confirmed
5. Extra 20,000 20,000 Confirmed
nourishment
and
transportation
6. Attendant - 20,000 Granted
charges
Total 5,02,866 7,58,666 Enhanced by
rounded off to rounded off to Rs.2,57,000/-
5,03,000 7,60,000
9.In the result, this Civil Miscellaneous Appeal is partly allowed and the
compensation awarded by the Tribunal at Rs.5,03,000/- is hereby enhanced to
Rs.7,60,000/-. The respondent/Transport Corporation is directed to deposit the
award amount granted by the Tribunal i.e., Rs.5,03,000/- together with interest
at the rate of 9% per annum from the date of petition till the date of deposit and
deposit the enhanced award amount now determined by this Court i.e.,
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C.M.A.No.3151 of 2011
Rs.2,57,000/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit, 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 is permitted to withdraw the award
amount along with interest and costs now determined by this Court, less the
amount if any, already withdrawn. No costs.
21.12.2021
Index : Yes / No
kj
To
1.The Principal District Judge
Motor Accident Claims Tribunal
Salem.
2.The Section Officer
V.R.Section
High Court, Chennai.
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C.M.A.No.3151 of 2011
V.M.VELUMANI, J.,
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C.M.A.No.3151 of 2011
21.12.2021
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