Madras High Court
Vijay @ Vijayakanth vs The Managing Director on 26 February, 2021
C.M.A.No.1908 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.M.A.No.1908 of 2017
Vijay @ Vijayakanth ...Appellant
Vs
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Villupuram Division-II,
Rangapuram,
Vellore-632 009. ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles
Act against the Judgment and Decree dated 23.02.2017 in M.C.O.P.No.288 of
2014 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate,
Vellore, Vellore District.
For Appellant : Mr.G.Rajan
For Respondent : Mr.C.S.K.Sathis
JUDGMENT
This Civil Miscellaneous Appeal is filed by the claimant for
enhancement of compensation.
http://www.judis.nic.in
C.M.A.No.1908 of 2017
2. The facts of the case is that on 25.09.2014, when the petitioner was
traveling as a passenger in the respondent bus plying from Chennai to Oosur, near
Ambur Taluk police station, the bus dashed against the stationed lorry, in which 7
passengers traveling in the bus were injured. The appellant herein is one among
them. In the said accident, the claimant sustained fracture of the left femur bone,
injuries on his head, forehead, face and all over the body. Claiming that he is
employed in a bakery at Chennai, earning Rs.18,000/- per month, petition filed
seeking Rs.10,00,000/- as compensation.
3. The Tribunal on appreciating the evidence has awarded a sum of
Rs.1,42,000/- with 7.5% interest from the date of petition till the date of
realisation.
4. In the appeal, it is contended by the learned counsel for the appellant
that the Tribunal has failed to grant appropriate compensation for the injury
sustained. The claimant was earning Rs.18,000/- per month and he lost his income
for nearly six months during the treatment period. The said loss has not been
properly appreciated. He would further submit that though the claimant was
admitted as in-patient for 23 days for his treatment for fractured leg, he was
http://www.judis.nic.in
C.M.A.No.1908 of 2017
awarded only Rs.2,500/- for medical expenses. Therefore, pleaded that fair and
adequate compensation should be granted by enhancing the quantum of
compensation.
5. The learned counsel appearing for the Transport Corporation would
submit that the Tribunal has rightly awarded compensation based on the opinion
given by the medical board and the bill produced by the claimant. Though the
claimant claims that he was earning Rs.18,000/- per month, he has not produced
any document and the Tribunal has fixed his income notionally at Rs.6,000/- and
compensated the loss of income for six months. Under the caption pain and
suffering as well as transportation and food, enough compensation awarded even
without evidence. Hence he submit that there is no necessity to interfere the award
of the Tribunal.
6. The evidence produced by the claimant/appellant reveals that the
claimant was first taken to the Government hospital, Ambur and then shifted to
Vellore Medical College hospital. He was under treatment from 25.09.2014 to
18.10.2014, nearly 23 days. Ex.P5 series - medical bill was produced by the
claimant for a sum of Rs.2,668/-. These documents are the evidence to show the
http://www.judis.nic.in
C.M.A.No.1908 of 2017
claimant was hospitalised for 23 days and got treated for his fractured leg. The
medical board has assessed the disability at 25%. The Court take note of the fact
that the claimant took treatment in the Government hospital and could produce bill
only for Rs.2,668/-, it does not mean for the 14 days in-patient treatment he would
not have incurred any other medical expenses. It has to be taken note that the
claimant who was working in Chennai had sustained injury and hospitalised at
Vellore. Therefore, he would have incurred expenses for transportation also. So
additional expenses towards medicine and transportation ought to have granted.
for which, he could not secured bills. Therefore this Court is of the view that the
claimant is entitled for additional compensation as below:
Medical expenses Rs.6,000/-
Food and Extra nourishment Rs.10,000/-
Transport Rs.2,500/-
Disability (Rs.3000x25) Rs.75,000/-
Loss of income Rs.6,000x6
Pain and Suffering Rs.30,000/-
----------------
Total Rs.1,59,500/-
-----------------
7. Totally the compensation is enhanced to Rs.1,59,500/- from
Rs.1,42,000/. The respondent/Transport Corporation herein is directed to deposit
http://www.judis.nic.in
C.M.A.No.1908 of 2017
the award amount as enhanced with interest at the rate of 7.5% per annum from
the date of petition till the date of realization within a period of twelve weeks from
the date of receipt of a copy of this judgment. On such deposit, the claimant is
permitted to withdraw the same on appropriate petition.
8. In the result, this Civil Miscellaneous Appeal is partly allowed. No
costs.
26.02.2021
Index : Yes/No
Internet : Yes/No
rpl
To
The Motor Accident Claims Tribunal, Chief Judicial Magistrate,
Vellore, Vellore District.
http://www.judis.nic.in
C.M.A.No.1908 of 2017
DR.G.JAYACHANDRAN,J.
rpl
C.M.A.No.1908 of 2017
26.02.2021
http://www.judis.nic.in
