Madras High Court
R.Sukumar vs The Managing Director on 20 July, 2021
C.M.A.No.1340 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.1340 of 2020
R.Sukumar .. Appellant
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram - Division -I),
3/37, Salamedu, Vazhuthareddy,
Villupuram - 605 602. .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
15.07.2020 made in M.C.O.P.No.1116 of 2015 on the file of the Motor
Accident Claims Tribunal, Cuddalore.
For Appellant : Mrs.Ramya V.Rao
For Respondent : Mr.T.S.K.Sathishkumar
1/9
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1340 of 2020
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 15.07.2020 made in
M.C.O.P.No.1116 of 2015 on the file of the Motor Accident Claims Tribunal,
Cuddalore.
3.The appellant is the claimant in M.C.O.P.No.1116 of 2015 on the file
of the Motor Accident Claims Tribunal, Cuddalore. 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 06.02.2015.
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/Transport Corporation and
directed the respondent/Transport Corporation to pay a sum of Rs.1,52,000/-
as compensation to the appellant.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1340 of 2020
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 left foot crush injury, near total amputation of
left 2nd toe at PIP level and multiple injuries all over the body. The Medical
Board examined the appellant and certified that he suffered 15% disability
and issued disability certificate Ex.C1 to that effect. But the Tribunal awarded
a meagre sum of Rs.45,000/- towards disability at the rate of Rs.3,000/- per
percentage of disability. The Tribunal ought to have awarded compensation
towards disability by adopting multiplier method as the appellant suffered
15% permanent disability and he cannot do his work as he was doing earlier.
At the time of accident, the appellant was working as a Mason and was
earning a sum of Rs.15,000/- per month. But the Tribunal fixed a meagre sum
of Rs.7,500/- as monthly income of the appellant and awarded compensation
towards loss of income only for four months. The amounts awarded by the
Tribunal towards pain & sufferings, loss of amenities, attendant charges,
transportation expenses and extra nourishment are meagre and prayed for
enhancement of compensation.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1340 of 2020
7.Per contra, the learned counsel appearing for the respondent-
Transport Corporation contended that the Tribunal accepted the disability
certificate issued by the Medical Board and awarded a sum of Rs.45,000/- for
15% of disability and the same is not meagre. The appellant has not proved
that he suffered functional disability. 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 a
sum of Rs.7,500/- as monthly income of the appellant and awarded
compensation towards loss of income for four months, which is not meagre.
The Tribunal considering the entire materials on record, has awarded a sum of
Rs.1,52,000/- as compensation to the appellant under different heads and the
same is 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.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1340 of 2020
9.From the materials available on record, it is seen that in the accident
the appellant has suffered left foot crush injury, near total amputation of left
2nd toe at PIP level and multiple injuries all over the body. The Medical
Board examined the appellant and certified that the appellant suffered 15%
disability. The disability certificate issued by the Medical Board was marked
as Ex.C1. The disability assessed by the Medical Board is proper but a sum of
Rs.3,000/- per percentage of disability awarded by the Tribunal is meagre.
The accident is of the year 2015. A reasonable amount of Rs.4,000/- is
awarded per percentage of disability. Thus, the compensation awarded by the
Tribunal towards disability is modified to Rs.60,000/- (Rs.4,000/- X 15%
disability). The appellant has not proved that he suffered functional disability
and lost his earning capacity. Hence, he is not entitled to any amount towards
loss of earning capacity by adopting multiplier method.
10.It is the contention of the appellant that at the time of accident, he
was working as a Mason and was earning a sum of Rs.15,000/- per month. He
failed to prove the said contention. In the absence of any material evidence
with regard to avocation and income, the Tribunal following the judgment of
the Hon'ble Apex Court reported in "2015 (2) TANMAC Page 159
(Pavalakodi and others Vs. TNSTC., Villupuram Limited and 2014 (1)
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1340 of 2020
TNMAC Page 459 (Syed Sadiq Etc., Vs. Divisional Manager)" fixed a sum
of Rs.7,500/- as monthly income of the appellant and awarded a sum of
Rs.30,000/- towards loss of income for a period of four months. The accident
is of the year 2015 and the monthly income fixed by the Tribunal is meagre.
The cost of living has increased enormously and salary of even unskilled
workers has increased substantially. Hence, a sum of Rs.10,000/- per month is
fixed as monthly income of the appellant. Thus, the compensation awarded by
the Tribunal towards loss of income is modified to Rs.40,000/- (Rs.10,000/-
X 4) towards loss of income for four months. The appellant has taken
treatment at JIPMER Hospital, Puducherry as inpatient from 07.02.2015 to
19.02.2015 for a period of thirteen (13) days. Considering the nature of
injuries and period of treatment taken by the appellant, the amounts awarded
by the Tribunal towards loss of amenities and attendant charges are meagre
and the same are enhanced to Rs.50,000/- and Rs.10,000/- respectively. The
amount awarded by the Tribunal towards pain & sufferings, extra
nourishment, transportation expenses and future medical expenses are just
and reasonable and hence, the same are hereby confirmed. Thus, the
compensation awarded by the Tribunal is modified as follows:
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1340 of 2020
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Disability 45,000/- 60,000/- Enhanced
2. Pain and sufferings 30,000/- 30,000/- Confirmed
3. Loss of amenities 20,000/- 50,000/- Enhanced
4. Extra nourishment 10,000/- 10,000/- Confirmed
5. Attendant charges 2,000/- 10,000/- Enhanced
6. Transportation 5,000/- 5,000/- Confirmed
charges
7. Loss of income 30,000/- 40,000/- Enhanced
8. Medical Expenses 10,000/- 10,000/- Confirmed
Total Rs.1,52,000/- Rs.2,15,000/- Enhanced by
Rs.63,000/-
11.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.1,52,000/- is hereby
enhanced to Rs.2,15,000/- 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 six weeks from the date of
receipt of a copy of this judgment, to the credit of M.C.O.P.No.1116 of 2015
on the file of the Motor Accident Claims Tribunal, Cuddalore. 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
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1340 of 2020
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 I Additional Subordinate 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.1340 of 2020
S.KANNAMMAL, J.
mpa
C.M.A.No.1340 of 2020
20.07.2021
https://www.mhc.tn.gov.in/judis/
