Madras High Court
Veerasamy vs The Divisional Manager on 27 January, 2022
CMA(MD)No.8 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.8 of 2018
Veerasamy ... Appellant/Claimant
Vs.
The Divisional Manager,
The Tamil Nadu State Transport
Corporation Ltd.,
Kumbakonam,
Thanjavur. ... Respondent/Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to allow the appeal by restricted the
compensation in M.C.O.P.No.491 of 2006, dated 30.11.2010 on the file
of the Motor Accidents Claims Tribunal/Additional Sub Judge,
Thanjavur.
For Appellant : Mr.G.Karnan
For Respondent : Mr.P.Prabhakaran
JUDGMENT
Aggrieved over the Award of the Tribunal, the appellant filed this
appeal to enhance the compensation awarded in M.C.O.P.No.491 of
2006, dated 30.11.2010 on the file of the Motor Accidents Claims
Tribunal/Additional Sub Judge, Thanjavur.
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CMA(MD)No.8 of 2018
2. The case of the claimant, in nutshell, is as follows:
On 16.07.2005, while the petitioner was riding a two wheeler
bearing Registration No.TVS50 TN-49-A-9380 from Thanjavur, at about
1.00 p.m. when he was nearing Mannarkudi – Pattukottai approach road,
a passenger bus, bearing Registration No.TN-49-N-0970 came from
north to south driven by its driver in a rash and negligent manner,
dashed against the petitioner. Due to this accident, the petitioner
sustained injuries and was taken to the Vinothakan Hospital and admitted
as inpatient.
3.The claimant has filed the claim petition in M.C.O.P.No.491 of
2006 on the file of the Motor Accidents Claims Tribunal/Additional
Subordinate Judge, Thanjavur, seeking compensation of Rs.20,00,000/-
4.Before the Tribunal, on the side of the claimant. four witnesses
were examined as P.W.1 to P.W.4 and nineteen documents were marked
as Exs.P.1 to P.19 and one witness document was marked as Ex.C1. On
the side of the respondent, no one was examined and no document was
marked.
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CMA(MD)No.8 of 2018
5.The Tribunal, after considering the pleadings, oral and
documentary evidences and the arguments of the counsel for the claimant
and the respondent and also on appreciating the evidences on record,
held that the accident occurred only, due to the rash and negligent driving
of the driver of the respondent and directed the respondent/State
Transport Corporation Ltd., to pay a sum of Rs.5,97,046/- as
compensation. Aggrieved over the orders passed by the Tribunal, the
claimant has filed the present appeal under Section 173 of the Motor
Vehicles Act, 1988.
6.Heard Mr.G.Karnan, learned counsel appearing for the appellant
and Mr.P.Prabhakaran, learned counsel appearing for the respondent.
7.The learned counsel for the appellant contended that at the time
of accident, the claimant was working as a Fire Service man, due to that
accident, he unable to do his previous work and he was retired from his
service. He further contended that the Tribunal has failed to consider
Ex.P17, Wound Certificate of 35% of disability on the ground of post
traumatic headache, behavioral problem, memory loss, speech
disturbance (slow) and giddiness. Therefore he prayed for enhancement
of compensation.
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CMA(MD)No.8 of 2018
8.A perusal of records would show that at the time of accident, the
appellant was working as a Fire Man and earned Rs.30,000/- per month.
Due to head injury and fracture in a left hip, he is unable to do previous
work. So he was voluntarily retired from his service and received
Rs.6,500/- as pension. Regarding permanent disability, Dr.Swaminathan
(PW2) had assessed the partial permanent disability as 35% and
Dr.Rethinasapapathy (PW3) had assessed the partial permanent disability
as 37%, the Tribunal has fixed as 46% of disability. Hence, this Court
fixed the disability as 37% . As per evidence of PW4, due to accident,
the claimant retired from his service. So, loss of income has to be fixed
by applying multiplier method. Therefore, loss of income arrived at
Rs.6,500/- x 12 x 11 x 37/100 = Rs.3,17,460/-. Since loss of income
calculated by multiplier method, the Tribunal already awarded loss of
income for 2 ½ years and 7 years are deleted. The Tribunal has awarded
only a meagre sum of Rs.25,000/- for pain and sufferings. Since the
claimant sustained grievous injury all over the body and also head injury
and rod also fixed, this Court awarded Rs.50,000/- towards pain and
suffering and Rs.25,000/- towards future medical expenses. Except the
above, all the other terms of the award passed by the Tribunal is
confirmed.
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CMA(MD)No.8 of 2018
9.Accordingly, the claimant is entitled for compensation as
follows:
Sl. Compensation heads Details of amount
No.
1. Loss of income Rs. 3,17,460/-
2. Pain and sufferings Rs. 50,000/-
3. Extra Nourishment Rs. 25,000/-
and Transportation
4. Attendant Charges Rs. 16,000/-
5. Medical Bills Rs. 2,51,046/-
6. Future Medical Expenses Rs. 25,000/-
Total Rs. 6,84,506/-
10. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.5,97,046/- to Rs.6,84,506/- with interest at the rate of 7.5% per
annum.
(iii) The respondent/State Transport Corporation Ltd., is directed
to deposit the enhanced compensation amount i.e., Rs.6,84,506/- (Rupees
Six lakhs eighty four thousand five hundred and six) less the amount
already deposited, if any, together with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit to the credit
of MCOP.No.491 of 2006 on the file of the Motor Accident Claims
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CMA(MD)No.8 of 2018
Tribunal /Additional Sub Judge, Thanjavur, within a period of six weeks
from the date of receipt of a copy of this order.
(iv) On such deposit being made, the claimant is permitted to
withdraw the same after following due process of law. No Costs.
27.01.2022
Index :Yes/No
Internet:Yes/No
vsd
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
1.The Motor Accidents Claims Tribunal/
Additional Sub Judge,
Thanjavur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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CMA(MD)No.8 of 2018
S.ANANTHI, J.
vsd
CMA(MD)No.8 of 2018
27.01.2022
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