Madras High Court
Aruchamy vs M.Nagarajan on 20 July, 2021
C.M.A.No.1768 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.1768 of 2021
Aruchamy .. Appellant
Vs
1.M.Nagarajan
2.The Managing Director,
Tamil Nadu State Transport Corporation
(Kumbakonam Division - II) Limited,
Periyamilaguparai, Collector Office Road,
Trichy - 1.
3.The Branch Manager,
Tamil Nadu State Transport Corporation Limited,
Karattupalayam, Anthiyur, Anthiyur Taluk. .. Respondents
(Notice for R1 & R3 may be dispensed with for the
time being and separate petition is filed for the same)
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
18.12.2017 made in M.C.O.P.No.13 of 2014 on the file of the Motor
Accident Claims Tribunal, IV Additional District Court, Erode District at
Bhavani.
1/8
C.M.A.No.1768 of 2021
For Appellant : Mr.C.Kulanthaivel
For R3 : Mr.D.Venkatachalam
JUDGMENT
The matter is heard through “Video Conferencing/Hybrid” mode.
2.This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 18.12.2017 made in
M.C.O.P.No.13 of 2014 on the file of the Motor Accident Claims Tribunal,
IV Additional District Court, Erode District at Bhavani.
3.The appellant is the claimant in M.C.O.P.No.13 of 2014 on the file of
the Motor Accident Claims Tribunal, IV Additional District Court, Erode
District at Bhavani. He filed the above said claim petition, claiming a sum of
Rs.10,00,000/- as compensation for the injuries sustained by him in the
accident that took place on 21.05.2013.
4.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the 1st respondent/driver of the bus belonging to the 2nd
C.M.A.No.1768 of 2021
respondent/Transport Corporation and directed the 2nd respondent/Transport
Corporation to pay a sum of Rs.1,12,585/- 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 sustained grievous injury in malunited fractures of left
side temporal bone and left side parietal bone of head and multiple injuries all
over the body. P.W.2/Doctor examined the appellant and certified that the
appellant suffered 30% disability and issued Ex.P12/disability certificate to
that effect. The Tribunal awarded a meagre sum of Rs.30,000/- towards
disability at the rate of Rs.1,000/- per percentage of disability. Due to the
injuries sustained by the appellant, he could not continue his work as he was
doing earlier. At the time of accident, the appellant was aged 45 years was
working as a Coolie and was earning a sum of Rs.9,000/- per month. But the
Tribunal awarded a meagre sum of Rs.18,000/- towards loss of income to the
appellant. The Tribunal ought to have awarded more compensation towards
loss of income. The Tribunal has not awarded any compensation towards loss
C.M.A.No.1768 of 2021
of amenities and attendar charges. The amounts awarded by the Tribunal
under different heads are meagre and prayed for enhancement of
compensation.
7.Per contra, the learned counsel appearing for the 2nd
respondent/Transport Corporation contended that the Tribunal accepted the
disability certificate issued by P.W.2/Doctor and awarded a sum of
Rs.30,000/- for 30% disability at the rate of Rs.1,000/- per percentage of
disability and the same is not meagre. The appellant has not produced any
material evidence to prove his avocation and income. In the absence of any
material evidence with regard to avocation and income, the Tribunal awarded
a sum of Rs.18,000/- towards loss of income, which is not meagre. The
Tribunal after considering all the records in proper perspective, rightly
awarded just compensation. 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 2nd respondent/Transport Corporation and
perused the entire materials on record.
C.M.A.No.1768 of 2021
9.From the materials available on record, it is seen that it is the case of
the appellant that in the accident he sustained grievous injury in malunited
fractures of left side temporal bone and left side parietal bone of head and
multiple injuries all over the body. P.W.2/Doctor examined the appellant and
certified that appellant suffered 30% disability and issued Ex.P12/disability
certificate to that effect. The Tribunal has accepted the same and awarded a
sum of Rs.30,000/- towards disability at the rate of Rs.1,000/- per percentage
of disability. The accident is of the year 2013. The amount granted by the
Tribunal for 30% disability is meagre. A reasonable amount of Rs.3,000/- is
awarded per percentage of disability. Thus, the compensation awarded by the
Tribunal towards disability is modified to Rs.90,000/- (Rs.3,000/- X 30%
disability).
10.It is the contention of the appellant that at the time of accident, the
appellant was working as a Coolie and was earning a sum of Rs.9,000/- per
month. Except oral evidence, the appellant has not produced any material
evidence to prove his avocation and income. In the absence of any material
evidence with regard to avocation and income, the Tribunal fixed the notional
income of the appellant at Rs.18,000/- towards loss of income, which is
proper. The appellant has taken treatment at KMCH Hospital, Erode as
C.M.A.No.1768 of 2021
inpatient for a period of three months. The Tribunal has not awarded any
compensation towards loss of amenities and attendar charges. Considering the
nature of injuries and period of taken by the appellant, a reasonable sum of
Rs.10,000/- and Rs.5,000/- is granted towards loss of amenities and attendar
charges respectively. The amounts awarded by the Tribunal towards pain &
sufferings, medical bills, extra nourishment and transportation charges are
just and reasonable and hence, the same are hereby 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. Disability 30,000/- 90,000/- Enhanced
2. Pain and sufferings 25,000/- 25,000/- Confirmed
3. Loss of income 18,000/- 18,000/- Confirmed
4. Medical bills 19,585/- 19,585/- Confirmed
5. Extra nourishment 10,000/- 10,000/- Confirmed
6. Transportation 10,000/- 10,000/- Confirmed
charges
7. Loss of amenities - 10,000/- Granted
8. Attendar charges - Rs.5,000/- Granted
Total Rs.1,12,585/- Rs.1,87,585/- Enhanced by
Rs.75,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,12,585/- is hereby
enhanced to Rs.1,87,585/- together with interest at the rate of 7.5% per
C.M.A.No.1768 of 2021
annum from the date of petition till the date of deposit. The 2nd
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 six weeks from the date of receipt
of a copy of this judgment, to the credit of M.C.O.P.No.13 of 2014 on the file
of the Motor Accident Claims Tribunal, IV Additional District Court, Erode
District at Bhavani. On such deposit, the appellant is permitted to withdraw
the award amount, along with interest and costs, less the amount if any,
already withdrawn by making necessary applications before the Tribunal. No
costs.
20.07.2021
mpa
Index : Yes / No
Internet : Yes / No
To
1.The IV Additional District Judge,
Motor Accident Claims Tribunal,
Bhavani,
Erode District.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.1768 of 2021
S.KANNAMMAL, J.
mpa
C.M.A.No.1768 of 2021
20.07.2021
