Madras High Court
The Managing Director vs Kartheesan (Died) on 4 January, 2022
CMA(MD)No.187 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.187 of 2018 &
CMP(MD)No.2901 of 2018
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Madurai Division, Vannarpettai,
Tirunelveli.
... Appellant
vs.
1.Kartheesan (died)
2.Chandra
3.Vigranth
4.Narthana Saraiyu
(Respondents 2 to 4 are brought on record as LRs of the deceased sole
respondent vide Court order dated 08.03.2018 in CMP(MD)Nos.6496 to
6498 of 2017)
... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the Judgment and decree dated
20.01.2014 in MCOP.No.286 of 2011 on the file of the Motor Accident
Claims Tribunal, Additional Subordinate Court, Tirunelveli.
For Appellant :Mr.P.Prabhakaran
For Respondents : Mr.T.Selvakumar for R2 to R4
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CMA(MD)No.187 of 2018
JUDGMENT
The Transport Corporation has filed this appeal to set aside the
Judgment and decree dated 20.01.2014 in MCOP.No.286 of 2011 on the
file of the Motor Accident Claims Tribunal, Additional Subordinate
Court, Tirunelveli.
2. On 27.12.2010, at about 07.15 am, the deceased first
respondent / claimant was riding a two wheeler bearing Registration No.
TN 74 X 6314 from Nanguneri to Thisayanvilakku. At that time, a bus
bearing Registration No.TN 74 N 745, belonging to the Transport
Corporation came in a rash and negligent manner and and hit the two
wheeler, as a result of which, the first respondent / claimant was thrown
away from the vehicle and sustained grievous injuries all over his body.
Hence, the first respondent / claimant filed MCOP.No.286/2011 claiming
compensation for the injuries sustained by him.
3. The Tribunal after analysing the evidence on record, awarded a
compensation of Rs.10,84,658/- together with interest at the rate of 7.5%
per annum to the first respondent / claimant. Challenging the award
passed by the Tribunal, the appellant has filed this appeal.
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CMA(MD)No.187 of 2018
4. The first respondent / claimant died on 16.05.2016 and hence
his legal heirs were brought record as respondents 2 to 4.
5. The learned counsel appearing for the appellant would submit
that the Tribunal was wrong in adopting multiplier method for an injury
case. The Tribunal has awarded a sum of Rs.2,57,400/- under the head
future loss of income and also awarded Rs.12,000/- under the head loss
of income during treatment period, which is double compensation and
the same has to be set aside. The compensation awarded under other
heads are also on the higher side and prayed for reducing the same.
6. The learned counsel appearing for the respondents 2 to 4 would
submit that the Tribunal taking into consideration all the aspects, has
awarded a just compensation and the same need not be reduced.
7. A perusal of the records shows that the first respondent /
claimant sustained fractures on his left leg, thigh, left foot and grievous
injuries all over his body. From the deposition of Dr.Ramaguru PW2, it
is seen that the first respondent / claimant had undergone many surgeries.
The Doctor has stated that the first respondent / claimant's left shoulder
joint was dislocated and left leg was bent and short by 6 cm. He has
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CMA(MD)No.187 of 2018
assessed the partial permanent disability at 65%. From the nature of
fractures and injuries sustained by the first respondent / claimant and
from the fact that he had undergone many surgeries, it can be concluded
that he would not be in a position to continue his work as efficiently as
before. Hence, the Tribunal has rightly applied multiplier method and
calculated the loss of income as Rs.2,57,400/- and there is no need to
interfere with the same. However, a sum of Rs.12,000/- awarded towards
loss of income during treatment period is unnecessary, since,
compensation under the head loss of income was already granted by
applying multiplier method. Hence, this Court is inclined to set aside the
compensation of Rs.12,000/- awarded towards loss of income during
treatment period. All the other heads awarded by the Tribunal are just
and reasonable and they are hereby confirmed.
8. At this juncture, the learned counsel for the appellant would
submit that they have deposited the entire compensation amount before
the Tribunal.
9. In the result, the Civil Miscellaneous Appeal is partly allowed.
No costs. Consequently, the connected Miscellaneous Petition is closed.
The compensation awarded by the Tribunal is reduced from Rs.
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CMA(MD)No.187 of 2018
10,84,658/- to Rs.10,72,658/- which would carry interest at the rate of
7.5% per annum. The second respondent is entitled to a sum of Rs.
6,72,658/-. The third and fourth respondents are entitled to a sum of Rs.
2,00,000/- each. Since the entire amount was already deposited, the
respondents 2 to 4 are at liberty to withdraw their share of compensation
along with proportionate interest and costs, after following due process
of law. The appellant is at liberty to withdraw the excess amount already
deposited by them ie., 12,000/- together with proportionate interest and
costs.
04.01.2022
Index : Yes/No
Internet : Yes/No
mbi
Note: In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
The Motor Accident Claims Tribunal,
Additional Subordinate Court, Tirunelveli .
https://www.mhc.tn.gov.in/judis
CMA(MD)No.187 of 2018
S.ANANTHI, J.
mbi
CMA(MD)No.187 of 2018
04.01.2022
https://www.mhc.tn.gov.in/judis
