Madras High Court
Rasammal vs P. Natarajan ..... 1St on 1 October, 2021
CMA.Nos. 2106 of 2016 & 1773 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.Nos.2106 of 2016 & 1773 of 2017
&
C.M.P.No.9525 of 2017
Rasammal ..... Appellant in
CMA No.2106 of 2016
and
1st respondent in
CMA No.1773 of 2017
Vs.
1. P. Natarajan ..... 1st Respondent in
CMA No.2106 of 2016
and
2nd respondent in
CMA No.1773 of 2017
2. The Tamil Nadu State Transport
Corporation (Coimbatore) Ltd., Erode,
Rep. by its Managing Director,
Chennimalai Road,
Erode - 638 001. 2nd Respondent in
CMA No.2106 of 2016
and
Appellant in
CMA No.1773 of 2017
Prayer in C.M.A. No.2106 of 2016: Civil Miscellaneous Appeal filed
under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement
of compensation amount awarded in the Fair and Final Order dated
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2106 of 2016 & 1773 of 2017
07.06.2016 made in M.C.O.P. No.291 of 2015 on the file of the Motor
Accident Claims Tribunal (Special Subordinate Judge Court), Erode.
Prayer in C.M.A. No.1773 of 2017: Civil Miscellaneous Appeal filed
under Section 173 of the Motor Vehicles Act, 1988 against the Judgment
and decree dated 07.06.2016 made in M.C.O.P. No.291 of 2015 on the
file of the Motor Accident Claims Tribunal, Special Subordinate Judge
Court, Erode.
For Appellant in CMA.No.
2106 of 2016 & 1st Respondent
in CMA.No.1773 of 2017 : Mr. R. Prabakaran
For 2nd Respondent in CMA.No.
2106 of 2016 & Appellant
in CMA.No. 1773 of 2017 : Mr. K.J. Shivakumar
COMMON JUDGMENT
C.M.A. No. 1773 of 2017 has been filed by the Transport
Corporation and C.M.A. No.2106 of 2016 has been filed by the claimant
challenging the very same award dated 07.06.2016 passed by the Motor
Accident Claims Tribunal, Special Subordinate Court, Erode in M.C.O.P.
No.291 of 2015.
2. Since both the appeals are arising out of the very same award,
these appeals are disposed of by this common judgment.
3. Heard Mr.K.J.Shivakumar, learned counsel for the Transport
Corporation and Mr.R. Prabakaran, learned counsel for the claimant.
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2106 of 2016 & 1773 of 2017
4. The Transport Corporation has filed the Appeal questioning the
quantum of compensation awarded by the Tribunal under the impugned
award. The claimant has filed the Appeal seeking for enhancement of
compensation. The details of the compensation awarded by the Tribunal
to the claimant under the impugned award are as follows:
Heads Amount Awarded
by the Tribunal in
Rs.
Loss of Income 13,500
Transport expenses 4,000
Extra nourishment 9,000
and Articles
Medical expenses 85,200
Pain and sufferings 40,000
Disability and loss of 88,000
earning power
Total 2,40,200
5. The cause of the accident has not been disputed by the
Transport Corporation. The only issue that arises for consideration is
whether the compensation awarded by the Tribunal is a just
compensation or not and whether the claimant is entitled for any
enhancement.
6. The accident happened on 17.03.2015. The claimant is a Coolie
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2106 of 2016 & 1773 of 2017
(Labourer). In the claim petition, she has pleaded that she was earning
Rs.7,500/-p.m. However, the Tribunal has fixed the notional monthly
income of the claimant at Rs.4,500/-. Since the year of the accident is
2015, this Court is of the considered view that the notional monthly
income fixed by the tribunal at Rs.4,500/- is low. Even for a vegetable
vendor, for an accident that happened only the year 2008 in the case of
Syed Sadiq and others V. Divisional Manager, United India Insurance
Company Limited reported in 2014 ACJ 6, the Hon'ble Supreme Court
has fixed the notional monthly income at Rs.6,500/-. Since, no
documentary evidence has been produced by the claimant before the
Tribunal to prove her monthly income, the same yardstick as held by the
decision referred to supra is followed by this Court. Accordingly, this
Court fixes the notional monthly income of the claimant at Rs.6,500/-
instead of Rs.4,500/- erroneously fixed by the Tribunal. The Tribunal
has awarded a compensation of Rs.13,500/- towards loss of income to the
claimant during the period of her treatment. Admittedly, the claimant
was hospitalised for a period of 10 days and she is also a Coolie. Being a
Labourer, it would have been difficult for her to do her regular avocation
atleast for a period of four months. The Tribunal has however calculated
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2106 of 2016 & 1773 of 2017
the loss of income during the period of her treatment only for a period of
three months. Since this Court has assessed the loss of income for a
period of four months and since this Court has enhanced the monthly
income of the claimant to Rs.6,500/-, the loss of income is re-assessed by
this Court at Rs.26,000/-, calculated at Rs.6,500/-p.m. for a period of
four months instead of Rs.13,000/- erroneously fixed by the Tribunal.
7. The Tribunal has also awarded a lesser compensation towards
transportation, extra nourishment and damage to clothing. This Court
therefore enhances the compensation towards transportation from
Rs.4,000/- to Rs.5,000/-, towards extra nourishment from Rs.9,000/- to
Rs.10,000/- and towards damage to clothing from Rs.500/- to Rs.1,000/-.
8. Insofar as the compensation awarded by the Tribunal towards
medical expenses at Rs.85,200/- is concerned, the same is confirmed by
this Court as it is supported by medical bills.
9. Insofar as compensation towards pain and suffering at
Rs.40,000/- is concerned, the same is also confirmed by this Court.
10. Insofar as the compensation awarded by the Tribunal towards
disability and loss of earning power at Rs.88,000/- is concerned, it is on
the higher side. The Tribunal has awarded the disability compensation at
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2106 of 2016 & 1773 of 2017
Rs.2,000/- per percentage of disability for 24% disability assessed by the
Tribunal. The accident happened in the year 2015, this Court is of the
considered view that after giving due consideration to the nature of the
injuries sustained by the claimant, the disability compensation will have
to be fixed at Rs.3,500/- per percentage of disability for 24% disability
suffered by the claimant. If Rs.3,500/- per percentage of disability is
taken into consideration, the disability compensation has to be reassessed
to the claimant at Rs.84,000/- calculated at (Rs.3,500/- x 24%). The
Tribunal has erroneously awarded compensation towards loss of earning
power which cannot be granted as the claimant has already been awarded
compensation towards disability as well as loss of income during the
period of her treatment, which will amount to duplication. There can
either be compensation awarded towards disability or towards loss of
earning power but compensation cannot be awarded towards both the
heads. The injuries sustained by the appellant / claimant does not entitle
her to get compensation under the head loss of earning capacity by
adopting the multiplier method. She is entitled only for disability
compensation based on the percentage basis. For the foregoing reasons,
this Court is awarding compensation only under the head “disability”.
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2106 of 2016 & 1773 of 2017
11. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.2,51,200/- from Rs.2,40,200/- as detailed
hereunder:
Heads Amount Awarded Amount
by the Tribunal Awarded by this
in Rs. Court in Rs.
Loss of Income 13,500 26,000
Transport expenses 4,000 5,000
Extra nourishment 9,000 10,000
Damages for 500 1,000
clothes and Articles
Medical expenses 85,200 85,200
Pain and sufferings 40,000 40,000
Disability and loss 88,000 84,000
of earning power * #
* head awarded by
the Tribunal
Disability
# head modified by
this Court
Total 2,40,200 2,51,200
12. In the result, the Appeal filed by the Transport Corporation in
C.M.A. No.1773 of 2017 is dismissed as it does not deserve any merit
and the Appeal filed by the claimant in CMA.No.2106 of 2016 is partly
allowed by enhancing the compensation from Rs.2,40,200/- to
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2106 of 2016 & 1773 of 2017
Rs.2,51,200/-. No Costs. Consequently, the connected Civil
Miscellaneous Petition is closed.
13. The Transport Corporation/ Appellant in CMA.No.1773 of
2017 as well as the 2nd respondent in CMA.No.2106 of 2016 is directed
to deposit the amount awarded by this Court, after deducting the amount
already deposited if any, together with interest from the date of claim till
the date of deposit and cost, to the credit of M.C.O.P.No.291 of 2015
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 appellant
/claimant in CMA No.2106 of 2016 as well as the 1st respondent in CMA
No.1773 of 2017 through RTGS, within a period of two weeks
thereafter. Necessary Court fee, if any has to be paid by the appellant in
CMA No.2106 of 2016 before receiving the copy of this Judgment.
01.10.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
vsi2
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2106 of 2016 & 1773 of 2017
To
1. The Special Subordinate Judge,
Motor Accidents Claims Tribunal,
Erode.
2. The Section Officer,
V.R. Section,
High Court, Madras.
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2106 of 2016 & 1773 of 2017
vsi2
CMA.Nos. 2106 of 2016 &
1773 of 2017
01.10.2021
https://www.mhc.tn.gov.in/judis/
