Shanmugam vs The Managing Director
2021 Latest Caselaw 11642 Mad

Citation : 2021 Latest Caselaw 11642 Mad
Judgement Date : 15 June, 2021

Madras High Court

Shanmugam vs The Managing Director on 15 June, 2021

                                                                              C.M.A.No.1873 of 2020

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 15.06.2021

                                                       CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1873 of 2020

                 Shanmugam                                                    ... Appellant

                                                          Vs.

                 The Managing Director,
                 Metropolitan Transport Corporation,
                 Chennai.                                                    ... Respondent

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree order dated
                 06.08.2019 made in M.C.O.P.No.167 of 2016, on the file of the Principal
                 Special Judge, Special Court under E.C & NDPS Act, Chennai.

                                   For Appellant       : Mr.Amar D.Pandiya

                                   For Respondent      : Mr.K.Moorthy


                                                     JUDGMENT

This appeal has been filed by the claimant for enhancement of

compensation awarded by the Tribunal in the impugned judgment and

decree dated 06.08.2019 passed by the Principal Special Judge, Special

Court under E.C & NDPS Act, Chennai in M.C.O.P.No.167 of 2016.

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2.By the impugned judgment and decree, the Tribunal has awarded

a sum of Rs.1,09,000/- as compensation under following heads:-

                                    Loss of Income       Rs.24,000/-
                                    Loss of     earning Rs.60,000/-
                                    capacity
                                    Attendant charges    Rs. 5,000/-
                                    Pain and suffering   Rs.10,000/-
                                    Loss of amenities    Rs.10,000/-
                                    Total                Rs.1,09,000/-

3.In this appeal, the appellant seeks for enhancement of

compensation on the ground that the Tribunal has totally disregarded

Ex.P4 disability summary given by Sri Ramchandra Medical Centre for

the surgery undergone by the appellant for Non Secretary Pituitary

Macroadenoma Sick Sinus Syndrome. He submits that the appellant met

with an accident on 09.12.2015 and due to the accident, he was initially

given a conservative treatment at Mahatma Gandhi Post Graduate

Institute of Dental Sciences, Puducherry between 11.03.2015 to

23.12.2015. Since the fracture resulted in injuries, the appellant also

suffered from defaulted Non Secretary Pituitary Macroadenoma Sick

Sinus Syndrome and therefore had to undergo surgery at Sri

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Ramachandra Medical Centre and was once again hospitalized between

27.07.2016 to 01.08.2016.

4.He therefore submits that the appellant incurred a sum of

Rs.2,61,611 towards Medical Expenses at Sri Ramchandra Medical

Centre, Chennai. The learned counsel for the appellant submits that the

Tribunal has wrongly erred in not awarding any amount through medical

expenses were incurred by the appellant at Sri Ramachandra Medical

Centre. That apart, the learned counsel for the appellant further submits

that the Tribunal has also not awarded a just compensation on the other

heads of compensation and therefore prays enhancement of the award

amount in the impugned judgment and decree.

5.Defending the impugned judgment and decree, the learned

counsel for the respondent/State Transport Corporation submits that the

Tribunal has awarded a just compensation and therefore the award

amount may be confimed and the appeal may be dismissed.

6.I have considered the arguments advanced by the learned counsel

for the appellant and the respondent.

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7.In my view, the Tribunal has correctly rejected the Ex.P4 as it

does not have any casual connection with the injury to the appellant on

09.12.2015. However, an amount of Rs.1,09,000/- awarded by the

Tribunal under the following heads are to be partly increased,

considering the nature of injury. The injury would have put the appellant

out of action and would have taken time to recover and get back to work.

The Tribunal has awarded only a sum of Rs.24,000 towards Loss of

Income for a period of two months. It is enhanced to Rs.72,000 (12,000

x 6). The Tribunal has awarded only a sum of Rs.10,000/- towards pain

and suffering which is increased to Rs.25,000/-. Similarly, the Tribunal

awarded only a sum of Rs.10,000/- towards loss of amenities. It is

enhanced by another sum of Rs.5,000/-. The Tribunal has awarded a sum

of Rs.5,000/- towards Attenders charges. It is enhanced to Rs.10,000/-.

Considering the nature of injuries suffered by the appellant further a sum

of Rs.10,000/- to be added towards Extra Nourishment and a sum of

Rs.10,000/- is hereby added towards Transportation. In the result, there

shall be a partial enhancement of compensation as detailed below:-

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Sl.No. Heads of Amount Amount Award Compensation Awarded by the awarded by confirmed or Tribunal this Court enhanced or reduced or granted or set aside

1. Loss of Income Rs. 24,000/- Rs.72,000/- Enhanced (12,000 x 6)

2. Loss of earning Rs.60,000/- Rs.60,000/- Confirmed capacity

3. Attendant Rs. 5,000/- Rs.10,000/- Enhanced charges

4. Pain and Rs.10,000/- Rs.25,000/- Enhanced suffering

5. Loss of Rs.10,000/- Rs.15,000/- Enhanced amenities 6 Extra ------ Rs.10,000/- Granted Nourishment 7 Transportation ------ Rs.10,000/- Granted

Total Rs.1,09,000/- Rs.2,02,000/- Enhanced by Rs.93,000/-

8.In the light of the above, this appeal stands partly allowed by

directing the respondent/State Transport Corporation enhanced amount

of compensation of Rs.2,02,000/- together with interest at 7.5% per

annum from the date of numbering of the claim petition till the date of

such deposit, less any amount already deposited by it, within a period of

six weeks from the date of receipt of a copy of this Judgment.