The Managing Director vs Venkatesan
2021 Latest Caselaw 20062 Mad

                                                                                    C.M.A.No.565 of 2014

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 30.09.2021

                                                          CORAM:

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                     C.M.A.No.565 of 2014

                  The Managing Director,
                  Tamil Nadu State Transport Corporation,
                  Villupuram                                                    .. Appellant

                                                             Vs.

                  Venkatesan                                           .. Respondent
                  Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1989 seeking to set aside the judgment and decree dated
                  21.06.2013 made in M.C.O.P.No.274 of 2007 on the file of Motor Accident
                  Claims Tribunal, Subordinate Judge, Gingee.


                                     For Appellant            : Mr.S.Sairaman
                                                            -----

                                                     JUDGMENT

(The case has been heard through video conference)

This appeal has been filed by the Transport Corporation challenging

the award dated 21.06.2013, passed by the Motor Accidents Claims

Tribunal, Subordinate Court, Gingee in M.C.O.P.No.274 of 2007.

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

C.M.A.No.565 of 2014

2. The appellant transport corporation has challenged the award

questioning the quantum of compensation awarded by the Tribunal to the

respondent.

3. Heard Mr.S.Sairaman, learned counsel appearing for the appellant

transport corporation. The respondent has been duly served in this appeal

and his name has also been printed in the cause list today, however, there is

no representation on his side.

4. The Tribunal under the impugned award directed the appellant

transport corporation to pay the respondent/claimant compensation of

Rs.4,80,300/- as detailed hereunder:

                        Sl.                          Heads                             Amount in Rs.
                        No.
                        1. Permanent disability (Rs.3000x12x17x65%)                            3,97,800
                        2. Pain and Suffering                                                    50,000
                        3. Extra Nourishment, Transport expenses & Attendant charges             20,000
                        4. Medical expenses                                                      12,487
                              Total                                                          4,80,287
                                                                                        Rounded of to
                                                                                          Rs.4,80,300

5. The respondent/claimant sustained grievous injuries as a result of

the accident on 06.06.2007 caused by a bus owned by the appellant transport

corporation. The cause of the accident has not been disputed by the https://www.mhc.tn.gov.in/judis/

C.M.A.No.565 of 2014

appellant in this appeal, they are disputing only the quantum of

compensation awarded by the Tribunal. According to them the multiplier

method ought not to have been adopted by the Tribunal for assessing the

compensation payable to the respondent/claimant.

6. The respondent / claimant sustained the following injures as a result

of the accident, which are not disputed by the appellant transport

corporation:

"1) Right leg knee broken

2) Two fractures in the right femer bone"

7. The doctor has assessed the disability at 65% and the disability

certificate has been marked as an exhibit before the Tribunal. The

respondent/claimant was a carpenter and as a result of the injuries sustained

by him in the accident, he was hospitalized from 07.06.2007 to 21.06.2007.

The discharge summary has also been marked as exhibit before the Tribunal.

Only after giving due consideration to the age, avocation and nature of

injuries and period of hospitalisation, the Tribunal has adopted multiplier

method for assessing the loss of earning capacity of the respondent/claimant.

This Court does not find any infirmity in the findings of the Tribunal. The

overall compensation awarded by the Tribunal at Rs.4,80,300/- to the

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C.M.A.No.565 of 2014

respondent/claimant cannot be considered as excessive.

8. In the result, there is no merit in the appeal and accordingly this

appeal is dismissed. The appellant transport corporation is directed to

deposit the award amount along with interest and costs, less the amount

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

receipt of a copy of this judgment to the credit of M.C.O.P.No.274 of 2007,

on the file of the Motor Accident Claims Tribunal, Subordinate Court,

Gingee. On such deposit of the compensation amount, the respondent is

permitted to withdraw the award amount along with interest and costs, less

the amount, if any, already withdrawn by making necessary applications

before the Tribunal. No costs.

30.09.2021 Index : Yes / No kk

To

1. The Subordinate Judge, Motor Accident Claims Tribunal, Gingee.

2. The Section Officer, VR Section, High Court, Madras.

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

C.M.A.No.565 of 2014

ABDUL QUDDHOSE, J.

kk

C.M.A.No.565 of 2014

30.09.2021

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