Madras High Court
S.Jyothi Rama Subbu vs Metropolitan Transport ... on 17 November, 2021
C.M.A.No.2977 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.2977 of 2019
S.Jyothi Rama Subbu ...
Appellant
Vs.
Metropolitan Transport Corporation Ltd.,
Rep. by its Managing Director,
Pallavan Salai,
Chennai – 2.
... Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the award and decree dated 15.02.2019 made in MACT
O.P.No.4916 of 2014 on the file of the Motor Accidents Claims Tribunal, (II Small
Causes Court, at Chennai).
For Appellant : Mrs.P.T.Saleem Fathima
For Respondent : Mr.S.S.Swaminathan
1/7
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C.M.A.No.2977 of 2019
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
The appellant challenges the award passed by the Motor Accident Claims
Tribunal, (II Small Causes Court, at Chennai) made in MACT O.P.No.4916 of
2014 dated 15.02.2019.
2.The claimant has come up with this appeal seeking enhancement of
compensation. This is the case of injury. On 05.04.2014 at about 03.00 p.m,
when the claimant was travelling as pillion rider in a Two-Wheeler at GST Road,
near Tansi Bus Stop from Maraimalai Nagar to Kalkarunai, a MTC bus bearing
Reg.No.TN-01-N-5439 came from Tambaram to Chengalpet direction in a rash
and negligent manner and hit against the claimant. In the accident, the claimant
and his friend sustained head injury, fracture at frontal and partial region at right
side. Immediately, he was taken to Chengalpattu Government Hospital, where, he
was given first aid and thereafter, he was shifted to Rajiv Gandhi Govt. Hospital,
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C.M.A.No.2977 of 2019
Chennai. Though the claimant claimed Rs.1,00,00,000/- as compensation, the
Tribunal has awarded Rs.30,71,000/- together with interest at 7.5% per annum,
under the following heads:-
Heads Rs.
Earning Capacity 12,96,000/-
Pain and Suffering 2,00,000/-
Extra Nourishment 1,00,000/-
Transport to Hospital 1,75,000/-
Attender charges 2,00,000/-
Loss of Amenities 2,00,000/-
Marital Opportunities 2,00,000/-
Loss of life expectancy 2,00,000/-
Medical Expenses 2,50,000/-
Future Medical Expenses 2,50,000/-
Total 30,71,000/-
3.The learned counsel appearing for the appellant/claimant would contend
that since the amount awarded by the Tribunal is meager in all the heads, the
claimant is entitled for higher compensation. He would further contend that at the
time of accident, the claimant was doing II year Auto Mobile Engineering at
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C.M.A.No.2977 of 2019
Valliammal Polytechnic. Due to head injury, he sustained disability and lost his
total earning capacity. But the Tribunal without considering the age of the
claimant and his educational qualification, fixed the monthly income at
Rs.10,000/-, which is meager. Hence, the appellant seeks for enhancement of
compensation.
4.Per contra, the learned counsel appearing for respondent Corporation
submitted that the impugned Judgment and Decree awarding the aforesaid
compensation is well reasoned and it requires no interference and therefore, this
Civil Miscellaneous Appeal is liable to be dismissed.
5.This Court carefully considered the submission of the learned counsel for
the appellant/claimant and the learned counsel appearing for the respondent and
perused the materials available on record.
6.It is not in dispute that the claimant sustained head injury in a road
accident that had taken place on 05.04.2014. The finding of the Tribunal that the
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C.M.A.No.2977 of 2019
accident occurred due to the negligence of the driver of the Transport Corporation
bus has become final and hence, it need not be adverted to in the appeal.
7.Though the learned counsel appearing for the appellant/claimant has
contended that the award is meager and sought enhancement, on perusal of the
records, we find that the Tribunal, on proper appreciation of evidence of P.Ws.1 to
3 has fixed the monthly income and adopting correct multiplier by following the
case of Sarala Verma and others vs. Delhi Transport Corporation and
another reported in 2009 TN MAC 1, awarded a just and reasonable
compensation. We find no reason to interfere with the conclusion reached by the
Tribunal. This appeal has no merit.
8.For the foregoing reasons, the Civil Miscellaneous Appeal fails and the
same is dismissed. The respondent/Transport Corporation is directed to deposit
the entire award amount with accrued 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 order. On such deposit, the claimant is permitted to withdraw the award
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C.M.A.No.2977 of 2019
amount less the amount already withdrawn, if any, together with proportionate
interest and costs. No costs.
[M.K.K.S.,J.] [V.S.G.,J.]
17.11.2021
Intex : Yes/No
Internet : Yes/No
skn
To
1.The Motor Accident Claims Tribunal,
II Small Causes Court, Chennai.
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2977 of 2019
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.2977 of 2019
17.11.2021
https://www.mhc.tn.gov.in/judis
