Madras High Court
Vikram vs The Managing Director on 8 January, 2021
C.M.A.No.1995 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.1995 of 2020
Vikram .. Appellant
Vs
The Managing Director
Tamil Nadu State Transport Corporation Ltd.
Kancheepuram Division – 3
Villupuram. .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 19.12.2019
made in M.C.O.P.No.3697 of 2012 on the file of Motor Accident Claims
Tribunal, Principal Special Court, (Special Court under E.C. and N.D.P.S.
Act) Chennai.
For Appellant : Mr.U.Chithambaram
for Mr.V.Mohan Choudary
For Respondent : Mr.K.J.Sivakumar
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C.M.A.No.1995 of 2020
JUDGMENT
This matter is heard through "Video Conferencing".
The Civil Miscellaneous Appeal is filed for enhancement of
compensation granted by the Tribunal in the award dated 19.12.2019 made in
M.C.O.P.No.3697 of 2012 on the file of Motor Accident Claims Tribunal,
Principal Special Court, (Special Court under E.C. and N.D.P.S. Act)
Chennai.
2. By consent of both the learned counsel appearing for the appellant
and the respondent/Transport Corporation, the appeal is taken up for final
disposal at the stage of admission itself.
3.The appellant is the claimant in M.C.O.P.No.3697 of 2012 on the file
of Motor Accident Claims Tribunal, Principal Special Court, (Special Court
under E.C. and N.D.P.S. Act) Chennai. He filed the said claim petition
claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by
him in the accident that took place on 18.12.2009.
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C.M.A.No.1995 of 2020
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the bus belonging to the respondent and directed the
respondent/Transport Corporation to pay a sum of Rs.1,76,174/- as
compensation to the appellant.
5.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
6.The learned counsel appearing for the appellant contended that in the
accident, the appellant suffered communited fracture of scapula, anterior
wedge compression fracture of D3 and multiple injuries all over the body.
P.W.2/Doctor after examining the appellant, certified that the appellant
suffered 45% partial and permanent disability. The Tribunal without any
reason, reduced the disability to 30% and awarded a meagre sum of
Rs.90,000/- towards disability. The appellant was an M.Sc. student in SRM
University. Due to the injuries, he could not do his day-to-day activities. The
Tribunal ought to have fixed a sum of Rs.10,000/- per month as notional
income of the appellant and awarded compensation towards loss of earning
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C.M.A.No.1995 of 2020
power. The Tribunal has not awarded any compensation towards
transportation, future medical expenses and extra nourishment. The amounts
awarded by the Tribunal towards pain and suffering, attendant charges and
loss of amenities are meagre and prayed for enhancement of compensation.
7.Per contra, the learned counsel appearing for the
respondent/Transport Corporation contended that the Tribunal considering
the materials placed before it, awarded compensation, which are not meagre.
The appellant has not made out any case for enhancement of compensation
and prayed for dismissal of the appeal.
8.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the respondent/Transport Corporation and
perused the entire materials on record.
9.From the materials on record, it is seen that it is the contention of the
appellant that in the accident, he suffered communited fracture of scapula,
anterior wedge compression fracture of D3 and multiple injuries all over the
body. Due to the injuries, the appellant could not bend his body, lift weight
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C.M.A.No.1995 of 2020
and finds difficulty to do the day-to-day activities. P.W.2/Doctor examined
the appellant and certified that the appellant suffered 45% partial and
permanent disability. The Tribunal reduced the disability to 30% on the
ground that P.W.2/Doctor has not assessed the disability for whole body and
granted compensation by adopting percentage method. The same is correct.
The reason given by the Tribunal for reducing the disability is not correct.
The respondent did not let in any contra evidence to disprove the evidence of
P.W.2/Doctor and the disability certificate issued by him. Hence, the
appellant is entitled to compensation for 45% disability. P.W.2/Doctor has not
deposed that due to the injuries, the appellant lost his earning power. Hence,
the appellant is not entitled to any compensation for loss of earning power.
Thus, the compensation awarded by the Tribunal towards disability is
modified to Rs.1,35,000/- (Rs.3,000/- X 45%).
9(i) According to the appellant, he has taken treatment as in-patient in
Hande Hospital, from 18.12.2009 to 05.01.2020 and marked the discharge
summary as Ex.P2 to prove the same. The Tribunal awarded a sum of
Rs.3,000/- altogether towards transportation, attendant charges and other
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C.M.A.No.1995 of 2020
miscellaneous expenses, which is meagre. Considering the nature of injuries,
disability and period of treatment taken by the appellant, Rs.5,000/-,
Rs.7,500/- and Rs.7,500/- are awarded towards transportation, attendant
charges and extra nourishment respectively. The appellant has not produced
any document to prove that he is still taking treatment and therefore, he is not
entitled to any compensation towards future medical expenses. The amounts
awarded by the Tribunal under all 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 confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Disability 90,000 1,35,000 Enhanced
2. Medical 63,174 63,174 Confirmed
expenses
3. Transportation, 3,000 5,000 Enhanced
attendant 7,500
charges and
other
miscellaneous
expenses
4. Extra - 7,500 Granted
nourishment
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C.M.A.No.1995 of 2020
5. Pain and 10,000 10,000 Confirmed
suffering
6. Loss of 10,000 10,000 Confirmed
amenities
Total 1,76,174 2,38,174 Enhanced by
Rs.62,000/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,76,174/- is hereby
enhanced to Rs.2,38,174/- together with interest at the rate of 7.5% per
annum from the date of petition 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, less the amount
already deposited, if any, within a period of twelve weeks from the date of
receipt of a copy of this judgment. On such deposit, the appellant is permitted
to withdraw the award amount now determined by this Court along with
interest and costs, less the amount if any, already withdrawn. No costs.
08.01.2021
Index : Yes / No
kj
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C.M.A.No.1995 of 2020
V.M.VELUMANI, J.,
kj
To
1.The Principal Special Judge
Motor Accident Claims Tribunal
(Special Court under E.C. and N.D.P.S. Act) Chennai.
2.The Section Officer
V.R.Section
High Court, Chennai.
C.M.A.No.1995 of 2020
08.01.2021
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