S. Immanuevel Thamil Selvan vs Metropolitan Transport ...
2021 Latest Caselaw 3023 Mad

                                                                             C.M.A. No.4148 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 09.02.2021

                                                         CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                                C.M.A.No.4148 of 2019

                   S. Immanuevel Thamil Selvan                                     .. Appellant
                                                           Vs.

                   Metropolitan Transport Corporation Ltd.,
                   rep. By its Managing Director,
                   No.2, Pallavan Salai,
                   Chennai 2.                                                     .. Respondent

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

                   Vehicles Act, 1988, against the judgment and decree dated 06.09.2006, made

                   in M.C.O.P. No.4835 of 2003, on the file of the VI Court of Small Causes,

                   (Motor Accident Claims Tribunal) Madras.


                                         For Appellant     : Mr.F.Terry Chella Raja
                                                            for M/s. M. Malar

                                         For Respondent    : Dr.S.S.Swaminathan



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https://www.mhc.tn.gov.in/judis/
                                                                            C.M.A. No.4148 of 2019

                                                  JUDGMENT

This appeal has been filed for enhancement of compensation granted

by the award dated 06.09.2006, made in M.C.O.P. No.4835 of 2003, on the

file of the VI Court of Small Causes, (Motor Accident Claims Tribunal)

Madras.

2.The appellant-claimant filed M.C.O.P. No.4835 of 2003, on the file

of the VI Court of Small Causes, (Motor Accident Claims Tribunal) Madras,

claiming a sum of Rs.15,00,000/- as compensation for the injuries sustained

by him in the accident that took place on 06.01.2003.

3.The Tribunal considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent driving by

driver of the Bus belonging to the respondent-Transport Corporation and

directed the respondent to pay a sum of Rs.8,34,000/- as compensation to the

appellant.

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4.Not being satisfied with the amounts awarded by the Tribunal in the

award dated 06.09.2006, made in M.C.O.P. No.4835 of 2003, the appellant

has come out with the present appeal.

5.The learned counsel appearing for the appellant contended that in the

accident, the appellant suffered crush injury of right great toe, physiological

degloving injury over left and right thighs and underwent surgeries on

06.01.2003 and 07.02.2003 continuously at three hospitals and the right great

toe was amputated. P.W.2 Doctor examined the appellant and certified that

the appellant suffered 60% disability. The Tribunal having found that the

appellant's both thighs now look awkward and he being an Advocate, could

not walk properly, failed to grant compensation towards loss of marital

prospects. The Tribunal ought to have granted a sum of Rs.2,00,000/-

separately for permanent disability and Rs.5,75,000/- for loss of earning

power. The amounts awarded by the Tribunal towards attendant charges,

transportation, mental agony, pain and sufferings and loss of income are

meagre and prayed for enhancement of the compensation.

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6.Per contra, the learned counsel appearing for the respondent-Transport

Corporation contended that the compensation awarded by the Tribunal is not

meagre. In C.M.A.No.867 of 2019 filed by the respondent-Transport

Corporation, this Court, by the judgment dated 30.01.2019, dismissed the appeal

holding that the compensation granted by the Tribunal is just compensation.

Hence, the appellant is not entitled for any enhancement and prayed for

dismissal of the appeal.

7.Heard through video conference the learned counsel appearing for the

appellant as well as the respondent-Transport Corporation and perused the

materials available on record.

8.It is the case of the appellant that he was a practicing Advocate and was

earning a sum of Rs.15,000/- per month. The appellant has not filed any

document to prove his monthly income. In the absence of any materials with

regard to avocation and income, the Tribunal fixed a sum of Rs.7,500/- per

month as notional income. The accident is of the year 2003. The notional income

fixed by the Tribunal is not meagre. Due to the injuries suffered in the accident,

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the appellant sustained 60% partial permanent disability. From the evidence of

P.W.2 Doctor and materials on record, it is seen the right toe of the appellant was

amputated. P.W.2 Doctor has not stated that the appellant has suffered any

functional disability and his earning capacity is lost or reduced. The appellant

has also not proved that he is totally incapacitated and his income is reduced.

The Tribunal considering the materials on record, especially the nature of

injuries and disability, awarded a sum of Rs.1,00,000/- for 60% partial

permanent disability, Rs.3,00,000/- for loss of earning power and Rs.90,000/- for

loss of income during treatment period. In the absence of any materials with

regard to loss of earning power, the Tribunal erroneously granted a sum of

Rs.3,00,000/- for loss of earning power. The accident is of the year 2003. The

appellant is entitled to only a sum of Rs.60,000/- for 60% disability, at the rate of

Rs.1,000/- per percentage. But, the Tribunal has awarded a sum of Rs.1,00,000/-

towards disability. The Tribunal without there being any evidence, granted

excessive amounts for disability under three different heads. In view of the same,

he is not entitled for any enhancement towards disability.

9.The appellant has taken treatment as in-patient at Sri Balaji Hospital

from 06.01.2003 to 15.01.2003, at Christudas Hospital from 15.01.2003 to

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04.02.2003 and at Sri Ramachandra Hospital from 04.02.2003 to 07.02.2003 and

produced discharges summaries viz., Exs.P1 to P3 respectively to that effect.

The Tribunal, considering the entire materials and evidence on record, nature of

injuries and treatment taken by the appellant, awarded compensation under

different heads. The total compensation awarded by the Tribunal is just

compensation. The appellant has not made out any case for enhancement.

Considering the nature of injuries, disability, amputation of toe, a sum of

Rs.1,00,000/- is granted for reduction of marital prospects. The amounts

awarded by the Tribunal under 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 this confirmed or (Rs) Court (Rs) enhanced or granted

1. Loss of income 90,000/- 90,000/- Confirmed

2. Transportation 10,000/- 10,000/- Confirmed

3. Extra nourishment 15,000/- 15,000/- Confirmed

4. Medical expenses 2,04,728.45/- 2,04,728.45/- Confirmed

5. Attendant charges 9,000/- 9,000/- Confirmed

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6. Future transport 50,000/- 50,000/- Confirmed expenses

7. Mental agony 5,000/- 5,000/- Confirmed

8. Pain and sufferings 50,000/- 50,000/- Confirmed

9. Partial permanent 1,00,000/- 1,00,000/- Confirmed disability

10. Loss of earning power 3,00,000/- 3,00,000/- Confirmed

11. Reduction of marital - 1,00,000/- Granted prospects Total 8,33,728.45/- 9,33,728.45/- Enhanced by Rs.1,00,000/-

rounded off to rounded off to 8,34,000/- 9,34,000/-

10.In the result, the appeal is partly allowed and the amount awarded

by the Tribunal at Rs.8,34,000/- is enhanced to Rs.9,34,000/- together with

interest at the rate of 7.5% per annum from the date of admission of C.M.A.

i.e., from 06.11.2019 till the date of deposit. The respondent-Transport

Corporation is directed to deposit the award amount, now determined by this

Court, along with interest and costs, within a period of twelve weeks from the

date of receipt of a copy of this judgment, to the credit of M.C.O.P. No.4835

of 2003. On such deposit, the appellant is permitted to withdraw the award

amount, now determined by this Court, along with interest and costs, after

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adjusting the amount, if any already withdrawn, by filing necessary

applications before the Tribunal. No costs.

09.02.2021 gsa

To

1.The VI Judge, Court of Small Causes, (Motor Accident Claims Tribunal), Madras.

2.The Section Officer, V.R Section, High Court, Madras.

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https://www.mhc.tn.gov.in/judis/ C.M.A. No.4148 of 2019

V.M.VELUMANI, J.,

gsa

C.M.A.No.4148 of 2019

09.02.2021

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