Madras High Court
Metropolitan Transport ... vs M. Sivanandam on 6 September, 2021
C.M.A.No. 2515 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A. No. 2515 of 2021 and
C.M.P.No. 14450, 12897, 11664 & 10980 of 2021
Metropolitan Transport Corporation Ltd.,
Rep by its Managing Director
Anna Salai
Chennai – 2. ...Appellant
Vs
M. Sivanandam ...Respondent
Prayer: The Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside Judgement and decree dated 18.02.2014 made
in M.C.O.P.No.2290 of 2012 on the file of the Motor Accidents Claims
Tribunal (IIIrd Small Causes Court), Chennai.
For Appellant : Mr. M. Sivakumar
1/10
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C.M.A.No. 2515 of 2021
JUDGMENT
This appeal has been filed by the Transport Corporation, challenging
the impugned Award dated 18.02.2014 passed by the Motor Accidents Claims
Tribunal (IIIrd Small Causes Court), Chennai in M.C.O.P.No. 2290/2012.
2. The Tribunal under the impugned order, directed the Appellant
Transport Corporation to pay a compensation of Rs.19,60,000/- (Rupees
Nineteen Lakhs Sixty Thousand only) to the Respondent/Claimant for the
injuries sustained by him in an accident that occurred on 14.01.2012, while
the respondent/claimant, who was working as a Sales man in Park Town Co-
operative Wholesale Stores Ltd., was trying to board on a MTC bus, bearing
Registration No.TN0-01-N-5548, belonging to the appellant Transport
Corporation, at Blue Star Bus Stop, 2nd Avenue, Anna Nagar, at the time, the
driver of the bus took the bus without noticing the respondent/claimant, due to
which, the respondent/claimant fell down and back side of the tyre of the bus
ran over the claimant's left leg and thereby, the claimant sustained grievous
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C.M.A.No. 2515 of 2021
injuries.
3. The Tribunal has awarded a total compensation of Rs.19,60,000/-
(Rupees Ninetten Lakhs Sixty Thousand only), as detailed hereunder:-
Loss of Income .... Rs. 99,000
Transport to Hospital .... Rs. 25,000
Extra nourishment .... Rs. 25,000
Damage to clothing .... Rs. 1,000
Medical Expenses .... Rs. 5,00,000
Future Medical Expenses .... Rs. 50,000
Attender Charges .... Rs. 25,000
Loss of amenities of life .... Rs. 75,000
Pain and sufferings .... Rs. 1,00,000
Permanent Disability .... Rs. 30,000
Loss of Earning Capacity .... Rs.10,30,000
___________
Total compensation .... Rs.19,60,000/-
___________
4. The cause of the accident has not been disputed by the Appellant
Transport Corporation. The only grievance raised this appeal is that the
quantum of the compensation awarded by the Tribunal is excessive.
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C.M.A.No. 2515 of 2021
5. The respondent/claimant sustained grievous injuries as a result of
the accident. The claimant had suffered " closed degloving injury left thigh
and leg with sapheno - femoral artery/popliteal artery injury. Popliteal
arteries repaired using venous grafts. Surgery was done on 23.01.2012 for
degloving injury right thigh/leg with debridement and skin grafting. On
27.01.2012 the plastic surgeon and vascular surgeon evaluated his limb and
found it to be cold suspectual graft thrombosis. Thereafter, on the advise of
the Doctor, the first respondent/claimant's left leg above knee level was
amputated on 01.02.2012. Multiple wound debridement, Colostomy under
local anesthesia was done on 02.02.2012. Wound debridement and skin
grafting at left lower limb was also done and Colostomy closure was also
done on the first respondent/claimant”.
6. As seen from the discharge summaries issued by the hospital,
which were marked as Exhibits P3 to P5, the first respondent/claimant was
hospitalised from 14.01.2012 to 01.02.2012; 01.02.2012 to 01.03.2012;
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C.M.A.No. 2515 of 2021
16.04.2012 to 11.05.2012 and from 22.08.2012 to 24.09.2012, for almost 110
days.
7. The nature of the injuries sustained by the first
respondent/claimant has not been disputed by the appellant Transport
Corporation before the Tribunal. The first respondent/claimant was aged 48
years at the time of the accident. The avocation and age of the first
respondent/claimant has also not been disputed by the appellant Transport
Corporation before the Tribunal.
8. The Tribunal has awarded a compensation of Rs.99,000/- (Rupees
Ninety Nine Thousand only) towards loss of income for a period of nine
months to the first respondent/claimant, which cannot be considered to be
excessive, as alleged by the appellant Transport Corporation and this Court is
of the considered view that the amount awarded by the Tribunal towards loss
of income is just and reasonable and the same is confirmed.
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C.M.A.No. 2515 of 2021
9. The Tribunal has awarded a sum of Rs,25,000/- towards transport
to Hospital; Rs.25,000/- towards extra nourishment; Rs.1,000/- towards
damage to clothing and articles; Rs.5,00,000/- towards medical expenses;
Rs.50,000/- towards future medical expenses; Rs.25,000/-towards attender
charges; Rs.75,000/-towards loss of amenities and Rs.1,00,000/-towards loss
of pain and sufferings, which are found to be just and reasonable and cannot be
considered to be excessive, as alleged by the appellant Transport Corporation
and therefore, the same is confirmed.
10. After giving due consideration to the nature of the injuries
sustained by the first respondent/claimant, the Tribunal has rightly awarded a
compensation of Rs.10,30,000/- (Rupees Ten Lakhs Thirty Thousand only)
towards loss of earning capacity to the first respondent/claimant by adopting
proper multiplier, in view of the nature of the injuries sustained by the first
respondent/claimant which resulted in amputation of his left leg (above the
knee level).
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C.M.A.No. 2515 of 2021
11. The respondent/claimant was aged 48 years at the time of the
accident. The Tribunal has adopted the correct multiplier of " 13 " while
assessing the loss of earning capacity to the first respondent/claimant.
Therefore, this Court is of the considered view that the compensation awarded
by the Tribunal to the respondent/claimant towards loss of earning capacity at
Rs. 10,30,000/- (Rupees Ten Lakhs Thirty Thousand only) is just and
reasonable and the same is confirmed.
12. Even though the Tribunal ought not to have awarded separate
compensation of Rs.30,000/-towards permanent disability as it would amount
to duplication, this Court is of the considered view that the overall
compensation of Rs. 19,60,000/- (Rupees Nineteen Lakhs Sixty Thousand
only) awarded by the Tribunal cannot be considered to be excessive as alleged
by the appellant Transport Corporation and there is no scope for reduction of
the compensation amount.
13. Further, the first respondent/claimant has produced his salary
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C.M.A.No. 2515 of 2021
certificate Ex.P.11 before the Tribunal, which discloses that he was earning a
sum of Rs.11,858/- (Rupees Eleven Thousand Eight hundred and Fifty Eight
only) per month. The Tribunal has taken the monthly income only at
Rs.11,000/-(Rupees Eleven Thousand only). Hence, the contention of the
appellant/Transport Corporation that the quantum of compensation fixed by the
Tribunal is excessive cannot be accepted by this Court.
14. In the result, there is no merit in this appeal. Accordingly, the
Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected
miscellaneous petitions are closed.
15. The appellant/Transport Corporation is directed to deposit the
compensation amount awarded by the Tribunal, after deducting the amount
already deposited if any, together with interest at the rate of 7.5% per annum
from the date of claim till the date of deposit and costs, to the credit of
MCOP.No.2290 of 2012 within a period of four weeks from the date of receipt
of a copy of this Judgment. On such deposit being made, the Tribunal shall
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C.M.A.No. 2515 of 2021
transfer the amount lying to the credit of MCOP.No.2290 of 2012 to the bank
account of the claimant through RTGS within a period of one week thereafter.
06.09.2021
Index:Yes/No
Speaking Order: Yes/No
sr/rgi
To
1.The Motor Accidents Claims Tribunal,
IIIrd Small Causes Court, Chennai.
2. The Section Officer,
V.R.Section,
High Court, Madras - 104.
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C.M.A.No. 2515 of 2021
ABDUL QUIDDOSH.,J
sr/rgi
C.M.A.No. 2515 of 2021
06.09.2021
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