Madras High Court
The Managing Director vs Rajesh on 1 October, 2021
C.M.A.No.1836 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No. 1836 of 2021
&
C.M.P.No.9867 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation,
Thiruvannamalai ...Appellant
Vs.
Rajesh
...Respondent
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and decree dated 23.12.2020
made in M.C.O.P. No.10 of 2019 on the file of the Motor Accident
Claims Tribunal, III Additional District Judge, Kallakurichi.
For Appellants : Mr. K.J. Shivakumar
For Respondent : Not ready in Notice
JUDGMENT
This appeal has been filed by the Transport Corporation
challenging the award dated 23.12.2020 passed by the Motor Accidents
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C.M.A.No.1836 of 2021
Claims Tribunal, III Additional District Court, Kallakurichi, Villupuram
in MCOP No.10 of 2019.
2. The appellant has challenged the impugned award questioning
the quantum of compensation awarded by the Tribunal to the respondent
/ claimant.
3. The Tribunal under the impugned award has directed the
appellant / Transport Corporation to pay the respondent / claimant a
compensation of Rs.1,11,462/- as detailed hereunder :
Heads Amount Awarded by
the Tribunal in Rs.
Compensation for 60,000
permanent disability
Amount towards pain 20,000
and sufferings
Amount towards 10,000
transport charges
Amount towards Extra 10,000
Nourishment
As per Ex.P6 Medical 11,462
bills
Total 1,11,462
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C.M.A.No.1836 of 2021
4. Heard Mr.K.J.Sivakumar, learned counsel for the appellant /
Transport Corporation and perused and examined the impugned award
before the Tribunal.
5. The respondent / claimant has sustained compound fracture in
his finger and he was also hospitalised as seen from the discharge
summary which has been marked as Ex.P2 before the Tribunal. As seen
from Ex.C1, Disability certificate, the District Medical Board has stated
that the respondent / claimant has not suffered any disability. However,
it is an admitted fact that the respondent has sustained compound fracture
in his finger. The Tribunal under the impugned award has awarded
disability compensation on lumpsum basis at Rs.60,000/-. The accident
having happened in the year 2018, this Court is of the considered view
that the compensation awarded by the Tribunal towards disability at
Rs.60,000/- cannot be considered to be excessive. The compensation
awarded by the Tribunal towards pain and suffering at Rs.20,000/-
towards transportation charges at Rs.10,000/-; towards extra nourishment
at Rs.10,000/- and Rs.11,462/- towards medical bills (Ex.P6) cannot also
be considered to be excessive.
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C.M.A.No.1836 of 2021
6. Before the Tribunal, the respondent / claimant has filed seven
documents which includes the discharge summary issued by the hospital,
medical bills and the x-ray taken by the respondent. On the side of the
respondent /claimant, the respondent / claimant was examined as PW1.
On the side of the appellant / Transport Corporation, its official was
examined as RW1. However, no documents were filed before the
Tribunal on their side. Ex.C1, disability certificate dated 31.10.2019
issued by the Medical Board was marked as Court document. Only after
giving due consideration to the evidence available on record, the
Tribunal has assessed the compensation.
7. For the foregoings reasons, this Court does not find any merit in
this appeal and the Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
8. 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.10 of
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C.M.A.No.1836 of 2021
2019 on the file of the Motor Accident Claims Tribunal, III Additional
District Court, Kallakurichi, Villupuram, within a period of eight 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.
01.10.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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To
1. The III Additional District Judge,
Motor Accidents Claims Tribunal,
Kallakurichi.
2. The Section Officer,
V.R. Section,
High Court, Madras.
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C.M.A.No.1836 of 2021
ABDUL QUDDHOSE, J.
vsi2
C.M.A.No. 1836 of 2021
01.10.2021
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