Madras High Court
Tamil Nadu Transport Corporation ... vs D. Sekar on 23 June, 2021
CMA No.264 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA No.264 of 2016
and
CMP No.2158 of 2016
Tamil Nadu Transport Corporation (VPM) Ltd.,
Rep. By its Managing Director,
No.3/137, Salamedu,
Vazhudhareddy,
Villupuram – 605 602. ... Appellant
Versus
D. Sekar ... Respondent
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree passed by the Motor
Accident Claims Tribunal, Chennai (in the VI Court of Small Causes,
Chennai) in MCOP No.1001/2010, dated 23.06.2015 for awarding
compensation.
For Appellant : Mr.K.J.Shivakumar
For Respondent : not ready in notice
reg. R1
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CMA No.264 of 2016
JUDGMENT
(Heard Video Conference)
This appeal has been filed by the Transport Corporation
challenging the award dated 23.06.2015 passed by the Motor Accident
Claims Tribunal, (VI Court of Small Causes, Chennai) in MCOP
No.1001/2010.
2. The appellant / Transport Corporation has challenged the
impugned award only on the ground that the quantum of compensation
awarded by the Tribunal is excessive.
3. The Tribunal under the impugned award has directed the
appellant / Transport Corporation to pay the respondent / claimant a
compensation of Rs.3,00,000/- together with interest and costs as
detailed hereunder :
Heads Amount awarded
by the Tribunal
(Rs.)
Transportation, nourishing 25000
food and miscellaneous
expenditure
Attender charges 10000
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CMA No.264 of 2016
Transportation, nourishing 25000
food and miscellaneous
expenditure
Medical expenses 5000
Disability 165000
Loss of earning during the 45000
period of treatment
Damages for pain, suffering 25000
and trauma
Loss of amenities 25000
Total 3,00,000
4. Heard Mr.K.J.Shivakumar, learned counsel for the appellant /
Transport Corporation. Since no adverse orders are going to be passed
against the respondent, notice to the respondent is dispensed with.
5. This Court has perused the materials and evidence available on
record before the Tribunal.
6. The accident happened on 10.02.2010. The respondent /
claimant has suffered 55% disability as seen from the disability
certificate which has been marked as Ex.P6 before the Tribunal. The
nature of injuries sustained by the respondent / claimant has not been
disputed by the appellant / Transport Corporation before the Tribunal.
The Tribunal has awarded a disability compensation of Rs.1,65,000/- to
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CMA No.264 of 2016
the respondent / claimant, calculated at Rs.3,000/- per percentage of
disability for the 55% disability suffered by him. This Court does not
find any infirmity in the said findings.
7. The Tribunal has also awarded a compensation of Rs.25,000/-
towards transportation; Rs.10,000/- towards attender charges; Rs.5,000/-
towards Medical expenses; Rs.45,000/- towards loss of earning during
the period of treatment; Rs.25,000/- towards damages for pain, suffering
and trauma and Rs.25,000/- towards loss of amenities, which in the
considered view of this Court cannot be treated to be excessive. The
respondent / claimant has sustained fracture of left, Fracture of both
bones left leg, head injury and multiple injuries all over the body. After
giving due consideration for the same, this Court is of the considered
view that the overall compensation awarded by the Tribunal under the
impugned award does not call for any interference.
8. For the foregoing reasons, this Court does not find any merit in
this appeal and accordingly, the Civil Miscellaneous Appeal shall stand
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
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CMA No.264 of 2016
9. The Appellant / Transport Corporation is directed to deposit the
entire award amount awarded by the Tribunal 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 MCOP
No.1001/2010 on the file of the Motor Accident Claims Tribunal (VI
Court of Small Causes), Chennai, within a period of four 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 respondent / claimant through RTGS, within a period of
two weeks thereafter.
23.06.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
vsi2
To
1.The Judge,
VI Court of Small Causes,
Chennai.
2. The Section Officer,
V.R. Section
High Court of Madras, Chennai - 104.
ABDUL QUDDHOSE, J.
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CMA No.264 of 2016
vsi2
CMA No.264 of 2016
23.06.2021
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