Madras High Court
C.Sampath vs K.Kumar on 23 February, 2021
C.M.A.No.1339 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 23.02.2021
Coram::
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.M.A.No.1339 of 2017
C.Sampath,
S/o.Chinnapaiyan,
Aniyallai Village,
Kalasapakkam (TK),
Tiruvannamalai District. ... Appellant
/versus/
1. K.Kumar,
2. The Managing Director,
Tamil Nadu State Transport Corporation,
(Villupuram) Ltd.,
Thiruvannamalai Region,
Thiruvannamalai. ... Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicle
Act, 1988, against the judgment and decree made in M.C.O.P.No.156 of 2014 on the
file of Motor Accident Claims Tribunal Judge cum Subordinate Court Judge, Arni,
dated 23.11.2016.
For Appellant : Mr.A.Panneerchelvam
For R2 : Mr.K.J.Sivakumar
For R1 : No appearance
1/5
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1339 of 2017
JUDGMENT
The Appeal is filed by the claimant seeking enhancement of
compensation on the ground that the tribunal has erred in reducing the disability
assessed by the doctor and not applied multiplier method for the loss of income due
to functional disability.
2. It is a case where the claimant while travelling in his two wheeler was
hit by the Transport Corporation bus near Thenpallipattu Kuttu Road. In the said
accident, the claimant sustained hip injury, fracture in his head and was hospitalised
for 16 days and underwent surgery at M.I.O.T Hospital. A Claim petition for a sum
of Rs.15,00,000/- was filed before the Tribunal.
3. The Tribunal, after considering the disability certificate Ex.P.8 given
by P.W.2 Doctor, had fixed disability at 20% and awarded a sum of Rs.60,000/- as
compensation.
4. In the appeal, the Learned Counsel for the appellant submitted that, at
the time of accident, the claimant was 19 years old and the said injury has affected
his marriage prospects badly. His earning capacity also affected substantially. Hence,
fair and adequate compensation must be given by applying multiplier.
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C.M.A.No.1339 of 2017
5. The Learned Counsel appearing for the Transport Corporation would
submit that, the injury sustained by the claimant is not a scheduled injury and there is
no evidence to show that it has affected his functional ability or earning capacity.
6. The Tribunal, taking note of the disability certificate given by P.W.2
Doctor, which is in respect of the part of the body and not the whole body, had
converted the percentage of disability given by the doctor for part of the body into
whole body disability and has assessed 20%.
7. On considering the evidence, this Court finds that the fracture of the
hip, which has immobilised the claimant for nearly two months had substantial
disability to him, therefore, the partial permanent disability is fixed as 30% instead of
20% and Rs.90,000/- is awarded. Insofar as the compensation under other heads, the
same required enhancement, hence the award is modified as below:-
Sl. Nos. Compensation under various heads Award passed by this Court.
1. Loss of income (30% x 3,000) Rs.90,000
2. Pain and sufferings Rs.15,000
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C.M.A.No.1339 of 2017
Sl. Nos. Compensation under various heads Award passed by this Court.
3. Food and Nutritious Rs.5,000
4. Loss of income during the treatment period Rs.18,000
5. Medical expenses Rs.3,21,281
6. Transport Rs.5,000
7. Attender charges (2,000 x 3) Rs.6,000
Total Rs.4,60,281/-
8. The 2nd respondent/Transport Corporation is directed to pay a sum of
Rs.4,60,281/- with 7.5% interest from the date of filing the petition till the date of
realisation. The 2nd respondent/Transport Corporation shall deposit the award
amount within a period of 8 weeks, from the date of receipt of copy of this judgment.
On such deposit, the claimant is entitled to withdraw the same on filing proper
application.
9. Accordingly, the Civil Miscellaneous Appeal is Party-Allowed. No
costs.
23.02.2021
Index :Yes/No
Speaking order/Non-speaking order.
bsm
To:-
1.The Motor Accident Claims Tribunal Judge cum Subordinate Court Judge, Arani.
2.The Section Officer, V.R.Section, High Court, Madras.
Dr.G.Jayachandran,J.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1339 of 2017
bsm
C.M.A.No.1339 of 2017
23.02.2021
https://www.mhc.tn.gov.in/judis/
