Madras High Court
The Managing Director vs Raghavan on 8 October, 2021
CMA.No.2914 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No. 2914 of 2021
and
C.M.P. No.16694 of 2021
The Managing Director,
Tamilnadu State Transport Corporation Ltd.,
Kumbakonam ...Appellant
Vs.
Raghavan ...Respondent
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and decree dated 12.03.2021
made in M.C.O.P. No.420 of 2016 on the file of the Motor Accident
Claims Tribunal, Special Sub Judge, Cuddalore.
For Appellant : Mr. L. Ramanathan
JUDGMENT
This Appeal has been filed by the Appellant Transport Corporation
challenging the impugned award dated 12.03.2021 passed by the Motor
Accident Claims Tribunal, Special Sub Judge, Cuddalore in M.C.O.P.
No.420 of 2016.
2. The Appellant Transport Corporation has challenged the
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CMA.No.2914 of 2021
impugned award only on the ground that the quantum of compensation
awarded by the Tribunal is excessive. According to them, the Tribunal
ought not to have adopted the multiplier method for assessing the
compensation in favour of the respondent.
3. The Tribunal under the impugned award has directed the
Appellant Transport Corporation to pay the respondent who sustained
injuries on 24.11.2015 as a result of an accident caused by a bus owned
by the Appellant Transport Corporation as detailed hereunder:
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of income 8,31,600
Pain and sufferings 75,000
Medical expenses 50,000
Transportation 50,000
Extra nourishment 30,000
Total 10,36,600
4. Heard Mr.L.Ramanathan, learned counsel for the appellant /
Transport Corporation and perused and examined the impugned award
before the Tribunal.
5. The respondent sustained the following injuries as a result of an
accident caused by the bus owned by the Appellant Transport
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CMA.No.2914 of 2021
Corporation on 24.11.2015.
(a) both forearm fracture
(b) left thigh fracture and
(c) right foot fracture
6. The nature of injuries sustained by the respondent / claimant has
not been disputed by the Appellant / Transport Corporation. The
Medical Board has assessed the disability of the respondent at 45% as
seen from the report filed by them before the Tribunal which has been
marked as an Exhibit. The respondent / claimant was a Farmer and
Mason and was aged 43 years. After giving due consideration to the
nature of injuries sustained by the respondent/ claimant, the Tribunal has
rightly adopted the multiplier method for assessing the loss of earning
capacity to the respondent/ claimant. As seen from the discharge
summary, which has been marked as Ex.P9 before the Tribunal, the
respondent/ claimant was hospitalized.
7. This Court does not find any infirmity in the findings of the
Tribunal as regards the award of compensation to the respondent /
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CMA.No.2914 of 2021
claimant by adopting the multiplier method.
8. The Tribunal has fixed the notional monthly income of the
respondent / claimant at Rs.11,000/- and has adopted the correct
multiplier of 14 as the deceased was aged 43 years at the time of the
accident. The Tribunal has accepted the disability assessed by the
Medical Board at 45% which is a whole body disability. This Court does
not find any infirmity in the findings of the Tribunal.
9. The Tribunal has awarded a compensation of Rs.75,000/-
towards pain and suffering, Rs.50,000/- towards medical expenses,
Rs.50,000/- towards transport charges and Rs.30,000/- towards extra
nourishment which cannot be considered to be excessive, after giving
due consideration to the year of the accident and the nature of injuries
sustained by the respondent / claimant.
10. For the foregoing reasons this Court does not find any
infirmity in the findings of the Tribunal. Therefore, there is no merit in
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CMA.No.2914 of 2021
this appeal and accordingly, the Civil Miscellaneous Appeal is
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
11. 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.420 of
2016 on the file of the Motor Accidents Claims Tribunal, Special Sub
Court Cuddalore, 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.
08.10.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
ab/vsi2
ABDUL QUDDHOSE, J.
https://www.mhc.tn.gov.in/judis/
CMA.No.2914 of 2021
ab
To
1. The Special Sub Judge,
Motor Accident Claims Tribunal,
Cuddalore.
2. The Section Officer,
V.R. Section,
High Court, Madras.
CMA.No.2914 of 2021
and
C.M.P. No.16694 of 2021
08.10.2021
https://www.mhc.tn.gov.in/judis/
