Madras High Court

R.Yogeshwaran vs The Managing Director on 2 February, 2021

                                                                                C.M.A.No.4134 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 02.02.2021

                                                          CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                                    C.M.A.No.4134 of 2019

                   R.Yogeshwaran                                                     .. Appellant

                                                            Vs

                   The Managing Director
                   Metropolitan Transport Corporation
                   Pallavan salai, Chennai-600 002.                                 .. Respondent

                   Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the

                   Motor Vehicles Act, 1988, against the judgment and decree dated 14.07.2017

                   made in M.C.O.P.No.6174 of 2014 on the file of Motor Accident Claims

                   Tribunal, III Small Causes Court, Chennai.



                                    For Appellant       : Mr.K.Varadhakamaraj

                                    For Respondent      : Mr.Suresh
                                                         for Mr.K.Moorthy




                   1/8


https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A.No.4134 of 2019

                                                   JUDGMENT

This matter is heard through "Video Conferencing".

The Civil Miscellaneous Appeal is filed for enhancement of

compensation granted by the Tribunal in the award dated 14.07.2017 made in

M.C.O.P.No.6174 of 2014 on the file of Motor Accident Claims Tribunal, III

Small Causes Court, Chennai.

2.The appellant is the claimant in M.C.O.P.No.6174 of 2014 on the file

of Motor Accident Claims Tribunal, III Small Causes Court, Chennai. He

filed the said claim petition claiming a sum of Rs.6,00,000/- as compensation

for the injuries sustained by him in the accident that took place on

26.07.2014.

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.2,10,500/- as

compensation to the appellant.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.4134 of 2019

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 fractures in right leg, hip, crush injuries and

multiple injuries all over the body. P.W.2/Doctor after examining the

appellant, certified that the appellant suffered 30% disability. The Tribunal

reduced the disability to 25% and awarded a sum of Rs.75,000/- towards

disability by awarding a sum of Rs.3,000/- per percentage of disability, which

is meagre. The Tribunal has not awarded any compensation towards future

medical expenses and loss of earning power. 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 appellant has not made out any case for enhancement of compensation

and prayed for dismissal of the appeal.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.4134 of 2019

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 in the accident, he suffered fractures in right leg, hip, crush

injuries and multiple injuries all over the body. P.W.2/Doctor examined the

appellant and certified that the appellant suffered 30% disability. The

Tribunal reduced the disability to 25% on the ground that P.W.2/Doctor

certified the disability after 2 ½ years of the accident and the disability

assessed by the Doctor is on the higher side. The reason given by the Tribunal

for reducing the disability is not correct. The respondent has not let in any

contra evidence to disprove the evidence of P.W.2/Doctor and the disability

certificate issued by him. Hence, the appellant is entitled to compensation for

30% disability. P.W.2/Doctor has not deposed that due to the injuries, the

appellant lost his earning power. Hence, the appellant is not entitled to any

compensation for loss of earning power. The accident is of the year 2014 and

the amount awarded by the Tribunal per percentage of disability is meagre.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.4134 of 2019

This Court by the judgment reported in 2020 (1) TN MAC 617 [M.

Chinnathambi Vs. S.Deepa and another], fixed a sum of Rs.4,000/- per

percentage of disability for the accident occurred in the year 2014 & 2015

and a sum of Rs.5,000/- per percentage of disability for the accident occurred

from the year 2016 onwards, due to raise in cost of living. In the present case,

the accident is of the year 2014. In view of the same, a sum of Rs.4,000/- is

awarded per percentage of disability. Thus, the compensation awarded by the

Tribunal towards disability is modified to Rs.1,20,000/- (Rs.4,000/- X 30%).

8(i) According to the appellant, he has taken treatment as in-patient in

Stanley Medical College and Hospital from 26.07.2014 to 07.08.2014 and

marked the discharge summary as Ex.P1 to prove the same. The Tribunal

awarded a sum of Rs.3,250/- towards attendant charges, which is meagre.

Considering the nature of injuries, disability and period of treatment taken by

the appellant, the amount awarded by the Tribunal towards attendant charges

is hereby enhanced to Rs.10,000/-. The appellant has not produced any

document to prove that he is still taking treatment and therefore, he is not

entitled to any compensation towards future medical expenses. The amounts

https://www.mhc.tn.gov.in/judis/ C.M.A.No.4134 of 2019

awarded by the Tribunal under all other heads are just and reasonable and

hence, the same are hereby confirmed. Thus, the compensation awarded by

the Tribunal is modified as follows:

S.No Description Amount awarded Amount Award
by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Loss of income 43,800 43,800 Confirmed
2. Attendant 3,250 10,000 Enhanced
charges
3. Transportation 10,000 10,000 Confirmed
4. Extra 10,000 10,000 Confirmed
nourishment
5. Damage to 1,000 1,000 Confirmed
clothes
6. Medical bills 2,238 2,238 Confirmed
7. Damages for 10,000 10,000 Confirmed
mental shock
and agony
8. Pain and 40,000 40,000 Confirmed
suffering
9. Disability 75,000 1,20,000 Enhanced

10. Loss of 15,000 15,000 Confirmed
amenities
Total 2,10,288 2,62,038 Enhanced by

rounded off to rounded off to Rs.51,600/-

                                                         2,10,500      2,62,100




https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A.No.4134 of 2019

9.In the result, this Civil Miscellaneous Appeal is partly allowed and

the compensation awarded by the Tribunal at Rs.2,10,500/- is hereby

enhanced to Rs.2,62,100/- together with interest at the rate of 7.5% per

annum from the date of petition till the date of deposit. It is made clear that

the appellant is not entitled for any interest for the delay period on the amount

of Rs.51,600/- enhanced by this Court as per the order of this Court dated

25.10.2019 made in C.M.P.No.20973 of 2019 in C.M.A.SR.No.144819 of

2018. The respondent/Transport Corporation is directed to deposit the 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 is

permitted to withdraw the award amount now determined by this Court along