Madras High Court

Shantha Rao vs The Managing Director on 17 November, 2021

                                                                                  C.M.A.No.1441 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              Dated      :        17.11.2021

                                                       CORAM:

                                  HONOURABLE MRS. JUSTICE S.KANNAMMAL

                                               C.M.A.No.1441 of 2017

                  Shantha Rao                                                  .. Appellant
                                                        Versus
                  The Managing Director,
                  Tamilnadu State Transport Corporation Limited,
                  (Villupuram), Kancheepuram Region,
                  Kancheepuram.                                                .. Respondent

                        This Civil Miscellaneous Appeal is filed under Section 173 of the Motor
                  Vehicles Act, 1988, against the judgment and decree dated 16.09.2014 made
                  in M.C.O.P.No.4147 of 2009 on the file of Motor Accidents Claims Tribunal,
                  2nd Small Causes Court, Chennai.

                                   For Appellant             : Mr.M.L.Ramesh
                                   For Respondent            : Mr.C.S.K.Sathish

                                                      JUDGMENT

This Civil Miscellaneous Appeal is filed by the claimant, seeking

enhancement of compensation granted by the Tribunal in the award dated

16.09.2014 made in M.C.O.P.No.4147 of 2009 on the file of Motor Accidents

Claims Tribunal, 2nd Small Causes Court, Chennai.

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2.The appellant is the claimant in M.C.O.P.No.4147 of 2009 on the file

of Motor Accidents Claims Tribunal, 2nd Small Causes Court, Chennai. He

filed the said claim petition, claiming a sum of Rs.6,00,000/- as compensation

for the injuries sustained by him in the accident that took place on

13.06.2007.

The brief facts, which led to the filing of the present appeal are

stated as under:

3.On 13.06.2007, at about 2.00 p.m., while the appellant/claimant was

riding the motorcycle bearing Registration No.TN-20-AC-8232 from Avadi to

Kannammachatram, near Pattarai Perumbuthur, at that time, the bus bearing

Registration No.TN-21-N-1014 from Thiruvallur to Chennai, came on a

wrong direction in a rash and negligent manner and dashed against the

motorcycle. In the impact, the appellant/claimant sustained grievous injuries.

The appellant has filed MCOP before the Tribunal, claiming Rs.6,00,000/- for

the injuries sustained by him in the accident.

4.The Tribunal, after considering the pleadings, oral and documentary

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evidence, held that the accident occurred only due to the rash and negligent

driving by the driver of the bus, belonging to the respondent and directed the

respondent/Transport Corporation to pay a sum of Rs.5,12,100/- as

compensation to the appellant/claimant.

5.Not being satisfied with the amount awarded by the Tribunal under

various heads, the appellant has come out with the present appeal seeking

enhancement of compensation.

6.Mr.M.L.Ramesh, learned counsel appearing for the appellant

contended that in the accident, the appellant has sustained compound

fractures in both bone right arm, fracture of supra condylar right femur and

fracture of both bone right leg, he had admitted 5 times and he had undergone

8 surgeries. P.W.3/Doctor N.Saichandran certified that the appellant suffered

80% disability and issued Ex.P19/disability certificate to that effect. The

Tribunal without giving any valid reason, reduced the percentage of disability

to 30% and awarded compensation only for 30% disability. Due to the injuries

and disability, the appellant has taken treatment in Rajiv Gandhi Government

General Hospital, Chennai, as in-patient for 23 days from 13.06.2007 to

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09.07.2007 and in the very same hospital for further period of 36 days from

08.08.2007 to 12.09.2007. Further he took treatment in Government Kilpauk

Medical College and Hospital as in-patient for 22 days from 18.10.2007 to

09.12.2007, for 17 days from 02.05.2009 to 18.05.2009 and for 14 days from

26.05.2010 to 09.06.2010, totally he took treatment as in-patient for 112 days

and thereafter also he took treatment as outpatient. The appellant was

working as Sweeper in Madhavaram Milk Department at the time of accident

and was earning a sum of Rs.6,500/- per month and due to the disability

sustained in the accident, the petitioner was given alternative job and his

salary was reduced to Rs.4,000/- per month. It is submitted that P.W.2 was

examined on the side of the petitioner who was in the same cadre as that of

the petitioner was given promotion and he is receiving a salary of Rs.11,617/-.

If the petitioner had not sustained injuries in the accident he would also get

the same salary and the petitioner suffered loss of earning capacity. It is

further submitted that when the petitioner is entitled for future prospects, the

Tribunal has not granted any amount towards future prospects. The amounts

awarded by the Tribunal under different heads are very meagre and prayed for

enhancement of compensation.

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7.The learned counsel for the 2nd respondent/Insurance Company had

submitted his arguments. As per his arguments, the learned Tribunal had

properly assessed disability by considering medical evidence and calculated

the compensation and arrived at a just compensation and the same does not

warrant any interference by this Court. The appeal lacks merits and the same

is liable to be dismissed.

Point for consideration is as follows:

Whether the appellant is entitled to enhanced compensation as

prayed for?

8.On perusal of the records pertaining to M.C.O.P.No.4147 of 2009 on

the file of Motor Accidents Claims Tribunal, 2nd Small Causes Court, Chennai,

it is found that the learned Tribunal had fixed the income of the appellant at

Rs.6,500/- p.m., and calculated the compensation ignoring the medical

evidence available before the Tribunal through the Dr.N.Saichandran.

Therefore, the disability assessed by the learned Tribunal is found to be not

proper. The Tribunal has not considered the loss of earning capacity suffered

by the appellant and the reduction of salary for his alternative job due to the

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injury sustained by him in the accident. The loss of future prospects had not

been taken note of and the award granted under various non-pecuniary heads

is on the lower side. Therefore, the submission of the learned counsel for the

appellant/claimant is accepted. In the light of the records, the submissions of

the learned counsel for the 2nd respondent/Insurance Company is rejected.

9.On an analysis of entire evidence both oral and documentary,

this Court is of the view that the Tribunal has rightly fixed the monthly

income of the injured/claimant at Rs.6,500/-. However, considering the fact

that the injured sustained grievous injuries and got 30% disability, while

applying multiplier '14', the Tribunal though awarded a sum of

Rs.3,27,600/-, unfortunately, has completely ignored to add future prospects.

Therefore, this Court feels it appropriate to add 30% towards future

prospects and thereby the award under the head 'loss of earning power' due to

permanent disability is assessed as Rs.4,25,880/- {Rs.6,500/- + Rs.1,950/-

(30% of Rs.6,500/-) X 12 X 14 X 30/100}. The claimant/injured suffered

30% disability which would certainly require him to undergo treatment

throughout his life, but the Tribunal has not awarded any amount towards

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future medical expenses and therefore, this Court is inclined to award a sum

of Rs.25,000/- towards future medical expenses. The Tribunal awarded a sum

of Rs.25,000/- towards medical expenses and the same is reduced to

Rs.10,000/-.

10.It is also to be noted that since the claimant/injured suffered grievous

injuries under the head of pain and sufferings, the Tribunal awarded only a

sum of Rs.40,000/- which in the opinion of this Court, is required to be

enhanced, accordingly a sum of Rs.75,000/- is awarded under the head of

pain and sufferings.

11.From the award of the Tribunal, it is seen that the appellant has

taken treatment as in-patient for 112 days and also continued his treatment for

a long time as outpatient. Considering the nature of injuries and period of

treatment taken by the appellant, the amounts awarded by the Tribunal

towards transportation, attendant charges and loss of amenities are meagre

and the same are enhanced to Rs.15,000/-, Rs.30,000/- and Rs.50,000/-

respectively. In respect of other heads, the Tribunal has adequately awarded

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compensation which do not warrant any interference. In view of the above, the

award amount granted by the Tribunal is enhanced to Rs.7,00,380/- from

Rs.5,12,100/-. The modification of award amount under the various heads,

are as follows:

                    S.            Description        Amount              Amount          Award
                    No                              awarded by        awarded by this confirmed or
                                                     Tribunal             Court       enhanced or
                                                       (Rs)                (Rs)        granted or
                                                                                        reduced
                   1.     Transportation                  10,000/-           15,000/-    Enhanced
                   2.     Extra nourishment               10,000/-           10,000/-   Confirmed
                   3.     Damages to cloth                  1,000/-           1,000/-   Confirmed
                   4.     Medical expenses                25,000/-           10,000/-    Reduced
                   5.     Attendant charges               15,000/-           30,000/-    Enhanced
                   6.     Loss of amenities               25,000/-           50,000/-    Enhanced
                   7.     Pain and sufferings             40,000/-           75,000/-    Enhanced
                   8.     Disability                     3,27,600/-        4,25,880/-    Enhanced
                   9.     Future medical                          -         25,000/-      Granted
                          expenses
                     10 Loss of income                    58,500/-          58,500/-    Confirmed
                          Total                      Rs.5,12,100/-      Rs.7,00,380/- Enhanced by
                                                                                      Rs.1,88,280/-

12.In the result, this Civil Miscellaneous Appeal is partly allowed and

the compensation awarded by the Tribunal at Rs.5,12,100/- is hereby enhanced

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to Rs.7,00,380/- 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 enhanced 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.4147 of 2009 on the file of Motor

Accidents Claims Tribunal, 2nd Small Causes Court, Chennai. On such

deposit, the appellant is permitted to withdraw the enhanced award amount

along with interest and costs, less the amount if any, already withdrawn. No