Madras High Court
The Managing Director vs Shanthi on 24 September, 2021
C.M.A.No.2768 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2768 of 2021 &
CMP.No.15805 of 2021
The Managing Director,
Tamilnadu State Transport Corporation Limited,
Kancheepuram District. ... Appellant
Vs
1.Shanthi
2.S.Arun
3.S.Sathyaraj
4.S.Sudhakar ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act against the Judgment and Decree dated 06.09.2019 made in
MCOP.No.36 of 2013 on the file of the I Additional District Judge,
Tindivanam.
For Appellant : Mr.K.J.Sivakumar
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C.M.A.No.2768 of 2021
JUDGMENT
This civil miscellaneous appeal has been filed by the Transport
Corporation challenging the award dated 06.04.2019 passed by the Motor
Accident Claims Tribunal, I Additional District Judge, Tindivanam in
MCOP.No.36 of 2013.
Heard Mr.K.J.Sivakumar, learned counsel for the Appellant. Since no
adverse orders are going to be passed against the respondents/claimants,
notice to the respondents is dispensed with by this Court.
The Appellant Transport Corporation has challenged the award only
on the ground that the quantum of compensation awarded by the Tribunal to
the respondents/claimants is excessive.
The respondents/claimants are the dependants of the deceased
M.Sundaramurthy who died on 02.02.2009 as a result of an accident caused
by a vehicle owned by the Appellant Transport Corporation. The
respondents/claimants preferred a compensation claim before the Tribunal
for the death of M.Sundaramurthy.
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C.M.A.No.2768 of 2021
The Tribunal under the impugned award directed the Appellant
Transport Corporation to pay the respondents a compensation of
Rs.23,13,128/- together with interest and costs as detailed hereunder:
Heads Award Amount
(Rs.)
Loss of dependency 21,43,128/-
Loss of love and affection 1,05,000/-
Funeral Expenses 25,000/-
Loss of consortium 40,000/-
Total 23,13,128/-
The deceased M.Sundaramurthy was a senior panman working at
Shree Renuka Sugars Limited, Haldia, West Bengal and earning Rs.18,027/-
per month. Before the Tribunal, the respondents/claimants have filed the
salary certificate of the deceased which has been marked as Ex.P7. The
Tribunal based on the salary certificate fixed the notional monthly income of
the deceased at Rs.14,090/-. The accident happened in the year 2009. Since
the salary certificate has been produced before the Tribunal, this Court does
not find any infirmity in the assessment made by the Tribunal that the
deceased was earning Rs.14,090/- per month at the time of the accident.
2. The Appellant/claimant unsatisfied with the quantum of
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C.M.A.No.2768 of 2021
compensation awarded by the Tribunal has preferred this appeal seeking for
enhancement.
3. The details of the compensation awarded by the Tribunal under the
impugned award are as follows:
Heads Award Amount
(Rs.)
Loss of income, Permanent 2,80,800/-
Disability, loss of earning capacity
permanently
Medical expenses 1,635/-
Transportation charges 2,000/-
Extra nourishment 2,000/-
Attender charges 2,000/-
Loss of amenities 20,000/-
Pain and suffering 20,000/-
Total 3,28,435/-
4. This Court by its earlier order dated 28.02.2020, directed the
Appellant/claimant to appear before the Dean, Government Tiruvannamalai
Medical College Hospital, Tiruvannamalai on or before 31.03.2020 for
examination with regard to his disability as a result of the accident which
happened on 03.03.2006 and a copy of the said order was also
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C.M.A.No.2768 of 2021
communicated to the Dean, Government Tiruvannamalai Medical College
Hospital, Tiruvannamalai by the Registry of this Court.
5. The Dean, Government Tiruvannamalai Medical College Hospital,
Tiruvannamalai has addressed a letter to the Registry of this Court stating
that as per the order of this Court dated 28.02.2020, the Appellant/claimant
has not appeared before him and asked the Appellant/claimant to appear
before him for re-examination on 10.03.2020. Despite the same, the
Appellant/claimant failed to appear before the Dean, Government
Tiruvannamalai Medical College Hospital, Tiruvannamalai on the said date.
6. Once again by order dated 15.06.2021, one more opportunity was
also granted to the Appellant/claimant to appear before the Dean,
Government Tiruvannamalai Medical College Hospital, Tiruvannamalai on
or before 01.07.2021 for examination and directed the Dean, Government
Tiruvannamalai Medical College Hospital, Tiruvannamalai to examine the
Appellant/claimant regarding the disability with reference to functional
disability and submit the report on or before 30.07.2021 to this Court. Till
date, the Appellant/claimant has not appeared for examination.
7. The learned counsel for the second respondent Insurance Company
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C.M.A.No.2768 of 2021
would submit that the Appellant is not entitled for any enhancement as he
has not suffered any permanent disability and that is the reason, he has not
appeared before the Medical Board for examination. According to her, the
compensation awarded by the Tribunal is already excessive and there is no
scope for any enhancement.
8. From the above, it is clear that the Appellant/claimant is not
interested in examining himself before the Dean, Government
Tiruvannamalai Medical College Hospital, Tiruvannamalai to enable him to
get enhancement of compensation. It can be inferred from the conduct of the
Appellant/claimant that he has not suffered any permanent disability and
does not deserve any enhancement of compensation.
9. For the foregoing reasons, this Court does not finds any merit in
this appeal. Accordingly, this Civil Miscellaneous Appeal is dismissed. No
costs. The second respondent Insurance Company is directed to deposit the
entire award amount after deducting the amount already deposited if any,
together with interest from the date of claim till the date of deposit and costs
to the credit of MCOP.No.766 of 2006 within a period of four weeks from
the date of receipt of a copy of this Judgment. On such deposit being made,
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C.M.A.No.2768 of 2021
the Tribunal shall transfer the amount lying to the credit of MCOP.No.766
of 2006 to the bank account of the first respondent through RTGS within a
period of one week thereafter.
24.09.2021
nl
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
ABDUL QUDDHOSE, J.
nl
To
1. The Principal Subordinate Judge, Thiruvannamalai
2.The Section Officer, V.R.Section, High Court of Madras.
C.M.A.No.2768 of 2021
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C.M.A.No.2768 of 2021
24.09.2021
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