Madras High Court

Banu vs Metropolitan Transport ... on 15 July, 2021

                                                                                      CMA No.2483 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 15.07.2021

                                                          CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                   CMA No.2483 of 2015


                     Banu                                            ...    Appellant

                                                         versus

                     Metropolitan Transport Corporation Limited,
                     Represented by its Managing Director,
                     Pallavan Salai,
                     Chennai – 600 002.                        ...          Respondent


                           Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act against the judgment and decree dated 11.11.2013 and made
                     in M.A.C.T.O.P. No.4085 of 2012 on the file of the Motor Accident
                     Claims Tribunal (In the Court of III Small Causes), Chennai.

                               For Appellant             : Mr. F. Terry Chella Raja
                               For Respondent            : Mr. K.Moorthy


                                                     JUDGMENT

(Heard Video Conference)

This appeal has been filed by the claimant seeking enhancement

of compensation under the impugned award dated 11.11.2013 passed by

https://www.mhc.tn.gov.in/judis/

CMA No.2483 of 2015

the Motor Accident Claims Tribunal, Additional District Judge, III Judge

Small Causes Court, Chennai in MACTOP No.4085 of 2012.

2. The appellant / claimant unsatisfied with the quantum of

compensation awarded by the Tribunal under the impugned award has

preferred this appeal seeking for enhancement.

3. The details of the compensation awarded by the Tribunal under

the impugned award are as follows :

                                               Heads           Amount awarded
                                                                by the Tribunal
                                                                     (Rs.)
                                   Loss of income                         60000
                                   Transport to hospital                  20000
                                   Extra nourishment                      25000
                                   Damage to clothing                       3000
                                   Medical expenses                      425000
                                   Future medical expenses                75000
                                   Attender charges                       15000
                                   Loss of amenities                      25000
                                   Pain and sufferings                    75000
                                   Loss of earning power                 450000
                                   Total                                1173000

https://www.mhc.tn.gov.in/judis/

CMA No.2483 of 2015

4. Heard Mr. F. Terry Chella Raja, learned counsel for the

appellant / claimant and Mr.K.Moorthy, learned counsel for the

respondent/ Transport Corporation.

5. This Court has perused and examined the impugned award

before the Tribunal.

6. The appellant / claimant was aged 34 years and was a Tailor at

the time of the accident. The age and avocation of the appellant /

claimant has not been disputed by the respondent before the Tribunal.

The accident happened on 08.08.2012.

7. The appellant / claimant has sustained the following injuries as a

result of an accident :

a ) Chest injury

b) Fracture left clavicle

c) Fracture 1st and 2nd ribs left side

d) Fracture of 1st - 9th ribs right side and bilateral hemopneumothorax

e) Fracture of left superior and inferior public rami

https://www.mhc.tn.gov.in/judis/

CMA No.2483 of 2015

f) Fracture L2 to L4 vertebra and sacral fracture S1 to S3 left side and liver contusion and moderate hemoperitoneum.

She was hospitalised between the period 8.8.2012 to 26.8.2012 at

Parvathy hospital. During her period of treatment, wound wash was

given and pelvic external fixation application was done on her on

8.8.2012. Bilateral ICD was also applied. Wound debridement and VAC

application was also done on 11.08.2012 and Open reduction and internal

fixation with plate osteosynthesis at left clavicle was also done on her on

14.08.2012. Split skin grafting at right gluteal region was also done on

her on 16.08.2012 and external fixation at the pelvic region was

removed on 20.08.2012.

8. Before the Tribunal, the appellant / claimant has filed 16

documents which were marked as Exs.P1 to P16, which included the

discharge summary issued by the hospital, continuous treatment record,

CT Scan reports, USB reports, medical bills, hospital bills and the

disability certificate issued by Dr.Saravana Bhavanantham, who also

examined as a witness before the Tribunal as PW2. The photographs of

the appellant / claimant after the accident was also examined as Ex.P13

https://www.mhc.tn.gov.in/judis/

CMA No.2483 of 2015

before the Tribunal. As seen from the photographs, the injuries sustained

by the appellant / claimant is a gruesome one. On the face of it, it reveals

that the appellant / claimant will not be in a position to work as a Tailor

in the near future due to the grievous injuries sustained by her, as

indicated supra.

9. The Tribunal has fixed the notional monthly income of the

appellant / claimant at Rs.5,000/-. This Court is of the considered view

that if the Tribunal has given due consideration to the year of the

accident and the avocation of the appellant / claimant, it ought to have

fixed the notional monthly income at a higher sum. This Court after

giving due consideration to the avocation and the year of the accident

fixes the notional monthly income of the appellant / claimant at

Rs.8,000/- instead of 5,000/- fixed by the Tribunal.

10. The Tribunal has erroneously not awarded any compensation

towards future prospects to the appellant /claimant despite the fact as

seen from the evidence available on record, she will be not in a position

to do her regular work as a Tailor in the future. Therefore, this Court

awards compensation towards loss of future prospects to the appellant /

claimant at 40%.

https://www.mhc.tn.gov.in/judis/

CMA No.2483 of 2015

11. Though the Tribunal assessed the whole body disability of the

appellant / claimant at 50% and calculated the loss of earning power at

the same percentage, whereas due to a typographical error, the same was

reflected under the impugned award as 30% before the Tribunal.

Accordingly, this Court confirms the whole body disability of the

appellant / claimant at 50%, as assessed by the Tribunal.

12. Accordingly, the loss of earning power of the appellant /

claimant is enhanced to Rs.10,08,000/- (Rs.8,000/- + 40% = Rs.11,200/-

x 12 x 15 x 50%) by this Court instead of Rs.4,50,000/- as fixed by this

Tribunal.

13. With regard to the quantum of compensation awarded by the

Tribunal under various other heads namely loss of income,

transportation, extra nourishment, damage to clothing, medical expenses,

future medical expenses, attender charges, loss of amenities and pain

and suffering are concerned, the same is a just compensation and does

not call for any interference by this Court.

https://www.mhc.tn.gov.in/judis/

CMA No.2483 of 2015

14.Excepting for enhancing the compensation towards loss of

earning power from Rs.4,50,000/- to Rs.10,08,000/- the compensation,

awarded by the Tribunal under other various heads are confirmed by this

Court.

15. For the foregoing reasons, the award of the Tribunal is hereby

enhanced in the following manner :

Heads Amount awarded Amount awarded by the Tribunal by this Court (Rs.) (Rs.) Loss of income 60000 60000 Transport to hospital 20000 20000 Extra nourishment 25000 25000 Damage to clothing 3000 3000 Medical expenses 425000 425000 Future medical expenses 75000 75000 Attender charges 15000 15000 Loss of amenities 25000 25000 Pain and sufferings 75000 75000 Loss of earning power 450000 1008000 * Rs.5,000/- x 12 x 15 x * 50% # # Rs.8,000/- + 40% = Rs.11,200/- x 12 x 15 x 50% Total 1173000 1731000

https://www.mhc.tn.gov.in/judis/

CMA No.2483 of 2015

16. In the result, the appeal filed by the appellant / claimant,

stands partly allowed by enhancing the compensation from

Rs.11,73,000/- to Rs.17,31,000/-, as indicated above. No costs.

17. The respondent / Transport Corporation is directed to deposit

the entire award amount as assessed by this Court together with interest

at 7.5% p.a. from the date of claim petition till the date of realization, less

the amount, if any, already deposited to the credit of M.A.C.T.O.P.

No.4085 of 2012 on the file of the Motor Accident Claims Tribunal (III

Court of Small Causes), Chennai. within a period of eight weeks from

the date of receipt of a copy of this Judgment. On such deposit being

made, the Tribunal is directed to transfer the award amount directly to the

bank account of the appellant / claimant through RTGS, within a period

of two weeks thereafter. Necessary Court fee, if any has to be paid by the

appellant / claimant before receiving the copy of this Judgment.

15.07.2021