Madras High Court
The Managing Director vs V.Sivakumar on 21 January, 2021
1
In the High Court of Judicature at Madras
Dated: 21.01.2021
Coram
The Honourable Mr. Justice D.KRISHNA KUMAR
C.M.A.No.2770 of 2010
and
M.P.No.1 of 2010
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Salem Division,
12, Ramakrishna Road,
Salem-636 007. ... Appellant
..Vs..
V.Sivakumar ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree passed
by the learned Chief Judicial Magistrate, (MACT), Salem in M.C.O.P.
No.209 of 2007 dated 27.10.2009.
For Appellant : Mr.D.Raghu
https://www.mhc.tn.gov.in/judis/
2
JUDGMENT
Aggrieved by the award passed by the learned Chief Judicial
Magistrate, (MACT), Salem in M.C.O.P. No. 209 of 2007 dated
27.10.2009, the Tamil Nadu State Transport Corporation (Salem)
Ltd., has filed this appeal.
2. The brief facts of the case are as follows:-
a) On 27.11.2006 at about 7.30 p.m., when the claimant was
travelling as a pillion rider in a bicycle at Rasipuram-Namakkal road
near Muniyappan Koil, the bus belonging to the Transport
Corporation bearing Registration No.TN-27-N-0982 which was
driven by its driver in a rash and negligent manner dashed behind
the cycle. Due to which, the claimant suffered fracture on his left
leg and also sustained grievous injuries all over the body. He was
admitted and taken treatment in Surya Hospital, Rasipuram. Hence
the claimant has filed the claim petition before the Tribunal claiming
a sum of Rs.5,50,000/- as compensation for the injuries sustained
by him in the accident.
https://www.mhc.tn.gov.in/judis/
b) Before the Tribunal, P.W.1 & P.W.2 were examined and
Exhibits P1 to P6 were marked on the side of the claimant whereas
RW1 was examined on the side of the Transport Corporation but no
documents were marked on their behalf.
c) After analysing the oral and documentary evidences, the
Tribunal came to the conclusion that the accident had occurred only
due to the rash and negligent driving of the driver of the Transport
Corporation and awarded a sum of Rs.1,88,200/- as compensation
to the claimant with interest at the rate of 7.5% p.a. from the date
of petition till the date of realisation.
d) The break-up details of the award passed by the Tribunal
are as follows:
Serial No. Heads Amount (Rs.)
1 Loss of earning capacity 1,63,200
due to permanent disability
2 Pain and sufferings 10,000
3 Transportation 5,000
4 Extra Nourishment 5,000
5 Attendant benefits 5,000
Total 1,88,200
https://www.mhc.tn.gov.in/judis/
3. Aggrieved over the same, the Transport Corporation has
preferred the present appeal.
4. Though sufficient opportunity was granted to the appellant
to serve notice on the respondent, they failed to comply with the
same. Hence with the consent of the learned counsel for the
appellant, the appeal is taken up today for “final disposal”.
5. The learned counsel for the appellant submitted that the
Tribunal had erred in adopting the multiplier as 17 instead of 16 as
the age of the claimant is 35 years at the time of accident. He
further submitted that the amount awarded under the other heads
are also excessive and therefore pleaded the award passed by the
Tribunal requires interference by this Court.
6. Considering the facts and circumstances of the case, this
Court is of the view that the award passed by the Tribunal warrants
no interference as the amount awarded by the Tribunal under
pecuniary and non pecuniary heads are reasonable. However,
taking into account the submission made by the learned counsel for
the appellant Transport Corporation in respect of the multiplier 17
https://www.mhc.tn.gov.in/judis/
adopted by the Tribunal, this Court accepts the same as it is not in
consonance with the II Schedule of the Amended MV Act, 1988 and
also by the dictum laid down by the Hon'ble Supreme Court in
Sarala Verma's case [2009 ACJ 1298 (SC)] and hence by taking
into consideration of the age of the claimant as 35 years, fixes the
multiplier 16 instead of 17 for arriving at the loss of earning
capacity due to permanent disability [24,000 x 16 x 40%], which
comes to Rs.1,53,600/-. This Court opines that the amount awarded
under the head of pain and sufferings is less taking note of the leg
fracture sustained by the claimant in the accident that took place on
27.11.2006 and enhances the same to Rs.15,000/- from Rs.10,000
as against the award passed by the Tribunal. A sum of Rs.5000/-
awarded by the Tribunal towards extra nourishment is reduced to
Rs.4,600/-. Since no amount has been awarded by the Tribunal
towards loss of amenities, this Court grants a sum of Rs.4,600/-
under the said head. Except the above said modifications, the
amount awarded by the Tribunal under the other heads viz.,
transportation and attendant benefits remain intact.
https://www.mhc.tn.gov.in/judis/
7. The break-up details of the modified compensation amount
under the various heads are as follows:-
Serial Heads Amount awarded by Amount Enhanced/
No. the Tribunal (Rs.) awarded by Reduced
this Court Amount
(Rs.)
1 Loss of earning 1,63,200 1,53,600 9600
capacity due to
permanent disability
2 Pain and sufferings 10,000 15,000 5000
3 Transportation 5,000 5,000 -
4 Extra Nourishment 5,000 5,000 -
5 Attendant benefits 5,000 5,000 -
6 Loss of amenities - 4,600 4,600
Total 1,88,200 1,88,200
8. With the above modifications, this Court confirms the award
dated 27.10.2009 passed by the Tribunal in MCOP.No.209 of 2007.
Consequently, the Civil Miscellaneous Appeal is disposed of with the
aforesaid modifications. The appellant/Transport Corporation is
directed to deposit the compensation amount less the amount
already deposited if any, with proportionate interest to the credit of
MCOP. No. 209 of 2007 before the Chief Judicial Magistrate Court,
MACT, Salem, within a period of 6 weeks from the date of receipt of
a copy of this order. On such deposit being made, the claimant
https://www.mhc.tn.gov.in/judis/
respondent is permitted to withdraw the entire/balance of the
compensation amount on filing appropriate petition before the
Tribunal. Connected Miscellaneous Petition is closed. There shall be
no orders as to costs.
21.01.2021
Index: Yes/No.
Internet: Yes/No.
DP
To
1.The Chief Judicial Magistrate Court,
(The Motor Accident Claims Tribunal)
Salem.
2.The Record Keeper,
V.R. Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
D.KRISHNA KUMAR.J,
DP
C.M.A.No.2770 of 2010
and
M.P.No.1 of 2010
21.01.2021
https://www.mhc.tn.gov.in/judis/
