Madras High Court
Vijayalakshmi vs Tamil Nadu State Transport ... on 9 February, 2021
C.M.A.No.242 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM:
THE HON'BLE Mr.JUSTICE D.KRISHNAKUMAR
C.M.A.No.242 of 2012
Vijayalakshmi ... Appellant
..vs..
Tamil Nadu State Transport Corporation Ltd.,
Rep. by its Managing Director,
Pallavan Salai,
Chennai – 600 002. ... Respondent
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act,
1988, to set aside the order in M.C.O.P.No.1925 of 2007 dated
28.03.2011 on the file of IV Judge, Small Causes Court, (Motor
Accidents Claims Tribunal), Chennai and pass an award for a sum of
Rs.4,00,000/- as compensation with interest from the date of the accident.
For Appellant : Mr.K.A.Ravindran
For Respondents : Mr.D.Raghu
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C.M.A.No.242 of 2012
JUDGMENT
This Civil Miscellaneous Appeal is filed to set aside the
order in M.C.O.P.No.1925 of 2007 dated 28.03.2011 on the file of IV
Judge, Small Causes Court, (Motor Accidents Claims Tribunal),
Channai.
2. On 12.06.2006 at about 4.30 a.m., while the appellant/
claimant was traveling as a passenger in TNSTC bus bearing
Regn.No.TN-55-N-0358 along G.S.T.Road, the driver of the above bus
drove the vehicle in a rash and negligent manner and went at a dangerous
speed and dashed against the back side of the lorry. Thereby the
appellant/ claimant sustained grievous injuries. Claiming that the driver
of the bus is responsible for the accident and the respondent/ Transport
Corporation as the owner of the bus is liable to pay the compensation, the
claimant has claimed a compensation of Rs.4,00,000/-.
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C.M.A.No.242 of 2012
3. Before the Tribunal, the claimant and two other witnesses
were examined as PW1 to PW3 and Ex.P1 to Ex.P14 were marked on the
side of the claimants. On the side of the respondent the driver of the bus
was examined as RW1 and no documents were marked. Considering the
oral and documentary evidence, the Tribunal has awarded a sum of
Rs.1,28,500/- along with the interest at 7.5% p.a. Aggrieved by the said
quantum of compensation, the claimant has come up on appeal seeking
enhancement.
4. Mr.K.A.Ravindran, learned counsel appearing for the
appellant would submit that the disability certificate issued by PW3 was
marked as Ex.P14. In support of the aforesaid certificate PW3
Dr.Mathiazhagan was examined and he had deposed that the appellant
had suffered 40% of the disability. But, the Tribunal without any basis
has fixed the percentage of disability at 35% for the appellant/ claimant.
The learned counsel for the appellant has also raised the ground that the
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C.M.A.No.242 of 2012
award passed by the Tribunal under the other heads are also inadequate,
hence, seeks enhancement of the compensation amount.
5. Mr.D.Raghu, the learned counsel appearing for the
respondent/ Transport Corporation would submit that the Tribunal has
considered the oral and relevant documentary evidence and awarded a
fair and just compensation to the appellant. Therefore, the appeal is
liable to be dismissed.
6. Considered the rival submissions and perused the
materials available on record.
7. Regarding the percentage of disability, the Tribunal has
reduced the percentage of disability to 35% but has not given any reason
for reducing the percentage of disability. Whereas the Doctor, who
assessed the disability at 40% was examined as PW3 and the disability
certificate, Ex.P14 was marked and the documents relating to the
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C.M.A.No.242 of 2012
assessment of the disability viz., Ex.P3 copy of Accident Register, Ex.P5
Wound Certificate and Ex.P13 X-ray film were also marked. Therefore,
this court is of the view that the assessment of the Doctor, PW3 is fairly
reasonable and this court accepts the evidence of PW3 as well as
disability certificate produced by the appellant/ claimant before the
Tribunal and fixes the percentage of disability at 40%. Thus, the amount
awarded under the head of permanent disability is enhanced to
Rs.80,000/- [Rs.2,000/- x 40].
8. As far as the head of pain and sufferings is concerned the
Tribunal has awarded a sum of Rs.5,000/-, this court is of the view that
the said amount under the head of pain and sufferings is on the lower
side and the same is enhanced to Rs.10,000/- and for the head of
attendant charges, the Tribunal has not awarded any amount and this
court award a sum of Rs.10,000/- under the said head.
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C.M.A.No.242 of 2012
9. In so far as the other heads are concerned, the amounts
awarded by the Tribunal are just and reasonable and this court does not
warrant interference. Therefore, this court has enhance the compensation
amount under the heads as follows:-
Heads Compensation Compensation
awarded by Enhanced/
the Tribunal awarded by
this Court
Loss of Income Rs. 13,500/- Rs. 13,500/-
Transport to Hospital Rs. 5,000/- Rs. 5,000/-
Extra Nourishment Rs. 5,000/- Rs. 5,000/-
Medical Expenses Rs. 30,000/- Rs. 30,000/-
Pain and sufferings Rs. 5,000/- Rs. 10,000/-
Permanent disability Rs. 70,000/- Rs. 80,000/-
Attendant Charges - Rs. 10,000/-
Total Rs.1,28,500/- Rs.1,53,500/-
10. Thus, the Civil Miscellaneous Appeal is allowed in part
enhancing the compensation amount from Rs.1,28,500/- to Rs.1,53,500/-
(Rupees One lakh Fifty Three thousand five hundred only) with interest
@ 7.5% per annum from the date of claim petition till the date of
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C.M.A.No.242 of 2012
payment. The respondent/ Transport Corporation is directed to deposit
the award amount as determined above, less the amount if any already
deposited, within a period of eight (8) weeks from the date of receipt of a
copy of this judgment. On such deposit being made, the appellant/
claimant is permitted to withdraw the award amount, less the amount(s)
if any already withdrawn by filing necessary application before the
Tribunal. The appellant/ claimant is directed to pay necessary court fee,
if any, on the enhanced compensation amount. No costs.
09.02.2021
dsa
Index : Yes/ No
Internet : Yes/ No
Speaking order/ Non-speaking order
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C.M.A.No.242 of 2012
D.KRISHNAKUMAR, J.,
dsa
To
1.The IV Small Causes Judge,
Motor Accidents Claims Tribunal, Chennai.
2.The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Pallavan Salai,
Chennai – 600 002.
CMA.No.242 of 2012
09.02.2021
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