Madras High Court
The Managing Director vs Gopinath … on 11 April, 2022
C.M.A.No.1147 of 2020
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED : 11.04.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.1147 of 2020
and
CM.P.No.7257 of 2020
The Managing Director,
Tamil Nadu State Transport
Corporation Kumbakonam Ltd.,
Railway Station Road,
Kumbakonam Town and Munsif,
Thanjavur District. ... Appellant
Vs.
Gopinath … Respondent
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act against the Judgment and Decree dated 16.04.2018
made in M.C.O.P.No.247 of 2015 on the file of the learned Subordinate
Judge, Motor Accident Claims Tribunal, Mannarkudi.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.1147 of 2020
For Appellant : Mr.D.Venkatachalam
For Respondent : Mr.S.P.Yuvaraj
JUDGMENT
When the matter was called both the counsels agreed to take up
the matter for final hearing and accordingly, the same is taken up.
2.The Transport Corporation is the appellant challenging the
Award passed in M.C.O.P.No.247 of 2015 by the learned Subordinate
Judge, Motor Accident Claims Tribunal, Mannarkudi. The Insurance
Company is aggrieved by the adoption of multiplier method for
calculating the loss of earning of the claimant and also regarding the
amounts awarded under the head of pain and sufferings.
3.Heard the learned counsels appearing on either side and
perused the papers.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1147 of 2020
4.The respondent/claimant has sustained injuries by reason the
fact that the respondent bus coming from the opposite direction had hit
him as a result of which, he sustained injuries. The claimant had
claimed a sum of Rs.10 lakhs as compensation. The
defendant/Transport Corporation had denied that their driver was
negligent on the contrary it is submitted that it was the respondent who
was negligent and his negligence has resulted in the accident.
5.The Tribunal has held that the claimant had suffered a
permanent disability. Although under Ex.P.18, the disability has been
assessed as 36% the Tribunal had assessed the disability at 26% fixing
a notional income of Rs.6,000/- per month and a sum of Rs.2,400/- has
been awarded towards future prospects, as a result of which, the
income has been enhanced to Rs.8,400/-. Considering the age of the
claimant, the multiplier of 17 was adopted, the Tribunal had come to
the conclusion that the petitioner had sustained permanent disability
https://www.mhc.tn.gov.in/judis
C.M.A.No.1147 of 2020
which had definitely restricted his day-to-day activities. Therefore, the
total loss of income under this head has been arrived at Rs.4,45,536/-
[8400 x 26% x 12 x 17], besides awarding compensation under other
heads. Aggrieved by the same, the Transport Corporation is before this
Court.
6.The appellant has produced the medical records and also
disability certificate. This would go to show that the injuries sustained
by the respondent were serious in nature and which has rendered him
permanently disabled. Although under Ex.P.18 his disability has been
assessed at 36% the Tribunal has only taken 26% for calculating the
disability. There is no reason for reducing the percentage. The
Transport Corporation has not been able to rebut this evidence and also
the fact that the claimant had suffered disability which has considerably
affected his future functioning. In these circumstances, I see no reason
to interfere with the order.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1147 of 2020
Accordingly, this Civil Miscellaneous Appeal is dismissed. No
costs. Consequently, connected Miscellaneous Petitions are closed.
11.04.2022
Index : Yes/No
Internet : Yes/No
Speaking order / Non speaking order
mps
To
The Subordinate Judge,
Motor Accident Claims Tribunal,
Mannarkudi.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1147 of 2020
P.T. ASHA, J.,
mps
C.M.A.No.1147 of 2020
and
CM.P.No.7257 of 2020
11.04.2022
https://www.mhc.tn.gov.in/judis
