Madras High Court
Kumar vs The Managing Director on 14 July, 2021
C.M.A.No.1336 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2021
CORAM:
THE HON'BLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.1336 of 2020
Kumar .. Appellant
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation (Div I) Ltd.,
3/137, Salamedu Vazhuthareddy Villupuram .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
02.07.2020 made in M.C.O.P.No.2101 of 2016 on the file of the Motor
Accident Claims Tribunal, I Additional Sub Judge, Cuddalore.
For Appellant : Mrs.Ramya V.Rao
For Respondent : Mr.T.S.K.Sathish Kumar
1/8
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1336 of 2020
JUDGMENT
(The Case has been heard through Video Conference)
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 02.07.2020 made in
M.C.O.P.No.2101 of 2016 on the file of the Motor Accident Claims Tribunal,
I Additional Sub Judge, Cuddalore.
2.The appellant is the claimant in M.C.O.P.No.2101 of 2016 on the file
of the Motor Accident Claims Tribunal, I Additional Sub Judge, Cuddalore.
He filed the above said claim petition, claiming a sum of Rs.25,00,000/- as
compensation for the injuries sustained by him in the accident that took place
on 08.03.2016.
3.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-Transport Corporation and
directed the respondent-Transport Corporation to pay a sum of
Rs.14,60,500/- as compensation to the appellant/claimant.
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C.M.A.No.1336 of 2020
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellant contended that the
Tribunal ought to have granted compensation for 100% permanent disability
to the appellant instead granting compensation for 90% permanent disability.
The appellant was working as a Mason and earning a sum of Rs.20,000/- per
month and the monthly income fixed by the Tribunal at Rs.6,500/- is meagre.
The amounts awarded by the Tribunal under different heads are meagre and
prayed for enhancement of compensation.
6.Per contra, Mr.T.S.K.Sathish Kumar, learned counsel appearing for
the respondent-Transport Corporation contended that in the absence of any
material evidence to prove the avocation and income, the monthly income
fixed by the Tribunal at Rs.6,500/- is not meagre. The Tribunal accepted the
disability of the appellant at 90% as assessed by the Medical Board and
adopted multiplier method for awarding compensation towards future loss of
income. Therefore, the appellant is not entitled to any enhancement. The
amounts awarded by the Tribunal under different heads are not meagre and
prayed for dismissal of the appeal.
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C.M.A.No.1336 of 2020
7.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.
8.From the award passed by the Tribunal, it is seen that the appellant's
right leg above knee was amputated and the JIPMER Medical Board,
Puducherry has assessed that the appellant suffered 90% partial permanent
disability and issued Ex.C1/disability certificate to that effect. The Tribunal
after considering Ex.C1/disability certificate, adopted multiplier method for
awarding compensation towards future loss of income, which is proper. It is
the contention of the appellant that he was working as a Mason and was
earning a sum of Rs.20,000/- per month. He failed to prove the said
contention. In the absence of any material evidence with regard to avocation
and income, the Tribunal fixed a sum of Rs.6,500/- per month as notional
income of the appellant. The accident occurred in the year 2016 and the
appellant was aged 41 years at the time of accident. Considering the year of
accident, age and nature of work done by the appellant, the notional income
fixed by the Tribunal at Rs.6,500/- per month is meagre and the same is
enhanced to Rs.12,000/- per month. In view of the above, the compensation
awarded by the Tribunal towards future loss of income is modified to
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C.M.A.No.1336 of 2020
Rs.22,68,000/- {[Rs.12,000/- + Rs.3,000/- (25% of Rs.12,000/-)] x 12 x 14 x
90/100]}. In view of the excess amounts awarded by the Tribunal towards
pain and sufferings, extra nourishment and attendant charges, the appellant is
not entitled for further enhancement. The Tribunal awarded a sum of
Rs.75,000/-, Rs.5,000/- and Rs.15,000/- towards loss of amenities,
transportation and future medical expenses are hereby enhanced to
Rs.1,00,000/-, Rs.25,000/- and Rs.20,000/- respectively. Therefore, the
compensation awarded by the Tribunal under other heads are just and
reasonable and hence, the same are confirmed. Thus, the compensation
awarded by the Tribunal is modified as follows:
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Permanent disability 12,28,500/- 22,68,000/- Enhanced
and loss of income
2. Pain and sufferings 1,00,000/- 1,00,000/- Confirmed
3. Loss of amenities 75,000/- 1,00,000/- Enhanced
4. Extra nourishment 25,000/- 25,000/- Confirmed
5. Attendant charges 12,000/- 12,000/- Confirmed
6. Transportation 5,000/- 25,000/- Enhanced
7. Future medical 15,000/- 20,000/- Enhanced
expenses
Total Rs.14,60,500/- Rs.25,50,000/- enhanced by
Rs.10,89,500/-
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C.M.A.No.1336 of 2020
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.14,60,500/- is hereby
enhanced to Rs.25,50,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The appellant-
claimant is directed to pay necessary Court fee, if any, on the enhanced
compensation. The respondent-Transport Corporation is directed to deposit
the enhanced 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 enhanced award amount, along
with interest and costs, less the amount if any, already withdrawn. No costs.
14.07.2021
gbi
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1336 of 2020
To
1.The I Additional Sub Judge,
Motor Accident Claims Tribunal,
Cuddalore.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1336 of 2020
S.KANNAMMAL, J.
gbi
C.M.A.No.1336 of 2020
14.07.2021
https://www.mhc.tn.gov.in/judis/
