Madras High Court
Siva vs The Managing Director on 2 February, 2021
C.M.A.No.798 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.M.A.No.798 of 2017
Siva,
S/o.Govindasamy. ...Appellant
Vs
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Salamedu,
Villupuram ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 16.04.2012 made in
M.A.C.T.O.P.No.587 of 2007 on the file of the Motor Accidents Claims Tribunal
Principal Subordinate Judge, Thirvannamalai
For Appellant : Ms.A.Subadira
For Respondent : No appearance
JUDGMENT
This Civil Miscellaneous Appeal is filed for enhancement of
compensation.
2. On 16.02.2007, while the claimant was travelling in the transport
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C.M.A.No.798 of 2017
passenger bus from Manalurpettai to Thiruvannamalai near Vallimalai Canal, the
driver of the bus rash and negligently drew the vehicle and dashed against the
tamarind tree. Several passengers got injured, the appellant/claimant is one such
passenger. He sustained dislocation fracture of right clavicle and he was admitted
in the hospital got treatment for 4 days as inpatient, claiming compensation of
Rs.5,00,000/- petition filed against the Transport Corporation.
3. The claim petition has been filed against the Transport Corporation
being the owner of the bus. Before the Tribunal, the claimant has not filed First
Information Report, Motor Vehicle Inspector's report, wound certificate and
disability certificate. The doctor who examined the claimant has assessed as 30%
disability for the said injury. Hence, the Tribunal has awarded a sum of
Rs.60,000/- for disability and Rs.15,000/- for pain and sufferings. Besides that
Rs.5,000/- was awarded for nutritious food and Rs.6,000/- for loss of income. A
total sum of Rs.86,000/- was awarded with interest at the rate of 7.5%.
4. In the appeal, the learned counsel for the appellant submitted that
the Tribunal has not considered the claim of medical expenses, transport and
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C.M.A.No.798 of 2017
amenity charges. From the record, this Court finds that the claimant has taken
treatment in the Government hospital and no medical bills were produced.
Further, there is no evidence either oral or documentary proof produced for
transport expenses. Hence, the Tribunal has disallowed the claim under those
heads. The claimant is not able to produce documentary evidence for medical
expenses since he took treatment in the Government hospital. However, one
cannot say that he would have not incurred any medical expenses hence, a sum of
Rs.3,000/- for transport and Rs.3,000/- for medical expenses totally Rs.6,000/-
ordered in addition to the award granted by the Tribunal.
5. The compensation of Rs.86,000/- awarded by the Tribunal to the
claimant is modified and enhanced to Rs.92,000/-. The Transport Corporation is
directed to deposit the modified award amount with interest at the rate of 7.5%
p.a., from the date of petition till the date of deposit, within a period of eight
weeks from the date of receipt of copy of this judgment. The claimant is permitted
to withdraw the enhanced award amount on filing appropriate application.
6. With the above modification and direction, the Civil
Miscellaneous Appeal is Allowed. No costs.
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C.M.A.No.798 of 2017
02.02.2021
Index : Yes/No
Internet : Yes/No
rpl
To
1. The Motor Accidents Claims Tribunal, Principal Subordinate Judge,
Thirvannamalai.
2.The Section Officer, VR Section, Madras High Court.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.798 of 2017
DR.G.JAYACHANDRAN,J.
rpl
C.M.A.No.798 of 2017
02.02.2021
https://www.mhc.tn.gov.in/judis/
