The Regional Manager vs Radha @ Radhamma
2021 Latest Caselaw 18297 Mad

Citation : 2021 Latest Caselaw 18297 Mad
Judgement Date : 7 September, 2021

Madras High Court

The Regional Manager vs Radha @ Radhamma on 7 September, 2021

                                                                                 C.M.A.No.2528 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 07.09.2021

                                                         CORAM:

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                 C.M.A.No.2528 of 2021
                                               and C.M.P.No.14534 of 2021


                  The Regional Manager,
                  A.P.S.R.T.C. Ltd.,
                  Tirupathi, Andhrapradesh.                                 .. Appellant

                                                            Vs.
                  Radha @ Radhamma                                          .. Respondent



                  Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor

                  Vehicles Act seeking to set aside the Award and Decree dated 12.12.2018,

                  passed by the learned Principal Special Judge, Special Court under E.C. &

                  N.D.P.S. Act, Chennai in M.C.O.P.No.5530 of 2013.



                                     For Appellant          :     Ms.G.V.Shoba

                                     For Respondent         :   Mr.S.Sankaralingam
                                                          -----




https://www.mhc.tn.gov.in/judis/
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                                                                                 C.M.A.No.2528 of 2021

                                                          JUDGMENT

(The case has been heard through video conference)

This appeal has been filed by the transport corporation challenging the

Award and Decree dated 12.12.2018, passed by the Motor Accidents Claims

Tribunal (Principal Special Judge, Special Court under E.C. & NDPS Act)

Chennai (hereinafter referred to as the 'Tribunal') in M.C.O.P.No.5530 of

2013.

2. The details of the compensation awarded by the Tribunal to the

respondent/claimant are as follows:

                          Sl.No.                           Heads                 Amount in Rs.
                             1.    Loss of Earnings                                      25,000
                             2.    Transport to Hospital                                  5,000
                             3.    Extra Nourishment                                      5,000
                             4.    Damages to clothing and articles                       2,000
                             5.    Medical expenses                                    2,09,000
                             6.    Future medical expenses                               50,000
                             7.    Medical Attendance                                    10,000
                             8.    Mental Agony                                          10,000
                             9.    Pain and sufferings                                   50,000
                            10.    Permanent disability                                1,80,000
                            11.    Loss of earning power                               2,00,000
                                   Total                                               7,46,000




https://www.mhc.tn.gov.in/judis/

                                                                                     C.M.A.No.2528 of 2021

3. The appellant/transport corporation has challenged the impugned

award only on the ground that the quantum of compensation awarded by the

Tribunal to the respondent/claimant is excessive.

4. The respondent/claimant has sustained the following injuries :

"(i) Fracture of Right Fumur middle Third (Mid"1/3rd)

(ii) Inter condylar Fracture of Right Tibia"

5. The above injuries were sustained by the respondent/claimant as a

result of a road accident that happened on 26.05.2013, by a vehicle insured

with the appellant. The nature of the injuries sustained by the

respondent/claimant has not been disputed by the appellant/transport

corporation as seen from the evidence available on record. The present

photograph of the respondent/claimant has also been produced by the

learned counsel for the respondent/claimant, which reveals grievous injuries

and the same has not been cured completely till date.

6. Only after due consideration of the avocation of the

respondent/claimant, who was a sweeper and the nature of injuries sustained https://www.mhc.tn.gov.in/judis/

C.M.A.No.2528 of 2021

by her referred to supra, the Tribunal has determined the compensation under

various heads. Except for the compensation awarded by the Tribunal under

the heads 'mental agony' and 'loss of earning power', the compensation

awarded by the Tribunal under various other heads cannot be considered to

be excessive as alleged by the appellant/transport corporation.

7. In so far as the compensation of Rs.10,000/- awarded by the

Tribunal towards mental agony is concerned, the same cannot be granted in

view of the fact that the Tribunal has already awarded compensation of

Rs.50,000/- towards pain and sufferings and hence the compensation

towards mental agony at Rs.10,000/- awarded by the Tribunal is set aside by

this Court.

8. In so far as the compensation awarded by the Tribunal at

Rs.2,00,000/- towards loss of earning power is concerned, admittedly no

evidence has been produced by the respondent/claimant before the Tribunal

to prove that she would have suffered such a loss. However, considering the

fact that the respondent/claimant has sustained grievous injuries as indicated

supra in the judgement, this Court is inclined to reduce the amount awarded

under the head loss of earning power from Rs.2,00,00/- to Rs.1,75,000/-. https://www.mhc.tn.gov.in/judis/

C.M.A.No.2528 of 2021

9. Excepting the above modifications, there is no scope for

interference with regard to the compensation awarded by the Tribunal under

various other heads.

10. For the foregoing reasons, the compensation awarded by the

Tribunal under the impugned Award is reduced to Rs.7,11,000/- from

Rs.7,40,000/- fixed by the Tribunal as detailed hereunder:

Sl. Description Amount Amount Award confirmed
No. awarded by awarded by or enhanced or set
the Tribunal this Court aside or granted or
(Rs.) (Rs.) reduced
(Rs.)
1. Loss of Earnings 25,000 25,000 Confirmed
2. Transport to Hospital 5,000 5,000 Confirmed
3. Extra Nourishment 5,000 5,000 Confirmed
4. Damages to clothing and articles 2,000 2,000 Confirmed
5. Medical expenses 2,09,000 2,09,000 Confirmed
6. Future medical expenses 50,000 50,000 Confirmed
7. Medical Attendance 10,000 10,000 Confirmed
8. Mental Agony 10,000 --- Set aside
9. Pain and sufferings 50,000 50,000 Confirmed
10. Permanent disability 1,80,000 1,80,000 Confirmed
11. Loss of earning power 2,00,000 1,75,000 Reduced
Reduced by
Total 7,46,000 7,11,000
Rs.35,000

11. In the result, the Civil Miscellaneous Appeal is partly allowed and https://www.mhc.tn.gov.in/judis/

C.M.A.No.2528 of 2021

the compensation awarded by the Tribunal at Rs.7,46,000/- is hereby

reduced to Rs.7,11,000/- together with interest at the rate of 7.5% per annum

from the date of claim petition till the date of deposit. The appellant /

transport corporation is directed to deposit the award amount now

determined by this Court along with interest and costs, less the amount

already deposited, if any, within a period of five weeks from the date of

receipt of a copy of this judgment to the credit of M.C.O.P.No.5530 of 2013,

on the file of the Motor Accidents Claims Tribunal (Principal Special Judge,

Special Court under E.C. & NDPS Act) Chennai. On such deposit, the

respondent/claimant is permitted to withdraw the award amount now