Madras High Court
Shantha Rao vs The Managing Director on 31 January, 2022
C.M.A.No.1441 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 31.01.2022
CORAM:
HONOURABLE MRS. JUSTICE S.KANNAMMAL
C.M.A.No.1441 of 2017
Shantha Rao .. Appellant
Versus
The Managing Director,
Tamilnadu State Transport Corporation Limited,
(Villupuram), Kancheepuram Region,
Kancheepuram. .. Respondent
This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the judgment and decree dated 16.09.2014
made in M.C.O.P.No.4147 of 2009 on the file of Motor Accidents Claims
Tribunal, 2nd Small Causes Court, Chennai.
For Appellant : Mr.M.L.Ramesh
For Respondent : Mr.C.S.K.Sathish
JUDGMENT
This Civil Miscellaneous Appeal is filed by the claimant, seeking
enhancement of compensation granted by the Tribunal in the award dated
16.09.2014 made in M.C.O.P.No.4147 of 2009 on the file of Motor Accidents
Claims Tribunal, 2nd Small Causes Court, Chennai.
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C.M.A.No.1441 of 2017
2.The appellant is the claimant in M.C.O.P.No.4147 of 2009 on the file
of Motor Accidents Claims Tribunal, 2nd Small Causes Court, Chennai. He
filed the said claim petition, claiming a sum of Rs.6,00,000/- as compensation
for the injuries sustained by him in the accident that took place on
13.06.2007.
The brief facts, which led to the filing of the present appeal are
stated as under:
3.On 13.06.2007, at about 2.00 p.m., while the appellant/claimant was
riding the motorcycle bearing Registration No.TN-20-AC-8232 from Avadi to
Kannammachatram, near Pattarai Perumbuthur, at that time, the bus bearing
Registration No.TN-21-N-1014 from Thiruvallur to Chennai, came on a
wrong direction in a rash and negligent manner and dashed against the
motorcycle. In the impact, the appellant/claimant sustained grievous injuries.
The appellant has filed MCOP before the Tribunal, claiming Rs.6,00,000/- for
the injuries sustained by him in the accident.
4.The Tribunal, after considering the pleadings, oral and documentary
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C.M.A.No.1441 of 2017
evidence, held that the accident occurred only due to the rash and negligent
driving by the driver of the bus, belonging to the respondent and directed the
respondent/Transport Corporation to pay a sum of Rs.5,12,100/- as
compensation to the appellant/claimant.
5.Not being satisfied with the amount awarded by the Tribunal under
various heads, the appellant has come out with the present appeal seeking
enhancement of compensation.
6.Mr.M.L.Ramesh, learned counsel appearing for the appellant
contended that in the accident, the appellant has sustained compound
fractures in both bone right arm, fracture of supra condylar right femur and
fracture of both bone right leg, he had admitted 5 times and he had undergone
8 surgeries. P.W.3/Doctor N.Saichandran certified that the appellant suffered
80% disability and issued Ex.P19/disability certificate to that effect. The
Tribunal without giving any valid reason, reduced the percentage of disability
to 30% and awarded compensation only for 30% disability. Due to the
injuries and disability, the appellant has taken treatment in Rajiv Gandhi
Government General Hospital, Chennai, as in-patient for 23 days from
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C.M.A.No.1441 of 2017
13.06.2007 to 09.07.2007 and in the very same hospital for further period of
36 days from 08.08.2007 to 12.09.2007. Further he took treatment in
Government Kilpauk Medical College and Hospital as in-patient for 22 days
from 18.10.2007 to 09.12.2007, for 17 days from 02.05.2009 to 18.05.2009
and for 14 days from 26.05.2010 to 09.06.2010, totally he took treatment as
in-patient for 112 days and thereafter also he took treatment as outpatient.
The appellant was working as Sweeper in Madhavaram Milk Department at
the time of accident and was earning a sum of Rs.6,500/- per month and due
to the disability sustained in the accident, the petitioner was given alternative
job and his salary was reduced to Rs.4,000/- per month. It is submitted that
P.W.2 was examined on the side of the petitioner who was in the same cadre
as that of the petitioner was given promotion and he is receiving a salary of
Rs.11,617/-. If the petitioner had not sustained injuries in the accident he
would also get the same salary and the petitioner suffered loss of earning
capacity. It is further submitted that when the petitioner is entitled for future
prospects, the Tribunal has not granted any amount towards future prospects.
The amounts awarded by the Tribunal under different heads are very meagre
and prayed for enhancement of compensation.
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C.M.A.No.1441 of 2017
7.The learned counsel for the 2nd respondent/Insurance Company had
submitted his arguments. As per his arguments, the learned Tribunal had
properly assessed disability by considering medical evidence and calculated
the compensation and arrived at a just compensation and the same does not
warrant any interference by this Court. The appeal lacks merits and the same
is liable to be dismissed.
Point for consideration is as follows:
Whether the appellant is entitled to enhanced compensation as
prayed for?
8.On perusal of the records pertaining to M.C.O.P.No.4147 of 2009 on
the file of Motor Accidents Claims Tribunal, 2nd Small Causes Court,
Chennai, it is found that the learned Tribunal had fixed the income of the
appellant at Rs.6,500/- p.m., and calculated the compensation ignoring the
medical evidence available before the Tribunal through the Dr.N.Saichandran.
Therefore, the disability assessed by the learned Tribunal is found to be not
proper. The Tribunal has not considered the loss of earning capacity suffered
by the appellant and the reduction of salary for his alternative job due to the
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C.M.A.No.1441 of 2017
injury sustained by him in the accident. The loss of future prospects had not
been taken note of and the award granted under various non-pecuniary heads
is on the lower side. Therefore, the submission of the learned counsel for the
appellant/claimant is accepted. In the light of the records, the submissions of
the learned counsel for the 2nd respondent/Insurance Company is rejected.
9.On an analysis of entire evidence both oral and documentary,
this Court is of the view that the Tribunal has rightly fixed the monthly
income of the injured/claimant at Rs.6,500/-. However, considering the
fact that the injured sustained grievous injuries and got 30% disability, while
applying multiplier '14', the Tribunal though awarded a sum of
Rs.3,27,600/-, unfortunately, has completely ignored to add future prospects.
Therefore, this Court feels it appropriate to add 30% towards future
prospects and thereby the award under the head 'loss of earning power' due to
permanent disability is assessed as Rs.4,25,880/- {Rs.6,500/- + Rs.1,950/-
(30% of Rs.6,500/-) X 12 X 14 X 30/100}. The claimant/injured suffered
30% disability which would certainly require him to undergo treatment
throughout his life, but the Tribunal has not awarded any amount towards
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C.M.A.No.1441 of 2017
future medical expenses and therefore, this Court is inclined to award a sum
of Rs.25,000/- towards future medical expenses. The Tribunal awarded a sum
of Rs.25,000/- towards medical expenses and the same is reduced to
Rs.10,000/-.
10.It is also to be noted that since the claimant/injured suffered
grievous injuries under the head of pain and sufferings, the Tribunal awarded
only a sum of Rs.40,000/- which in the opinion of this Court, is required to be
enhanced, accordingly a sum of Rs.75,000/- is awarded under the head of
pain and sufferings.
11.From the award of the Tribunal, it is seen that the appellant has
taken treatment as in-patient for 112 days and also continued his treatment for
a long time as outpatient. Considering the nature of injuries and period of
treatment taken by the appellant, the amounts awarded by the Tribunal
towards transportation, attendant charges and loss of amenities are meagre
and the same are enhanced to Rs.15,000/-, Rs.30,000/- and Rs.50,000/-
respectively. In respect of other heads, the Tribunal has adequately awarded
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C.M.A.No.1441 of 2017
compensation which do not warrant any interference. In view of the above,
the award amount granted by the Tribunal is enhanced to Rs.7,00,380/- from
Rs.5,12,100/-. The modification of award amount under the various heads,
are as follows:
S. Description Amount Amount Award
No awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted or
reduced
1. Transportation 10,000/- 15,000/- Enhanced
2. Extra nourishment 10,000/- 10,000/- Confirmed
3. Damages to cloth 1,000/- 1,000/- Confirmed
4. Medical expenses 25,000/- 10,000/- Reduced
5. Attendant charges 15,000/- 30,000/- Enhanced
6. Loss of amenities 25,000/- 50,000/- Enhanced
7. Pain and sufferings 40,000/- 75,000/- Enhanced
8. Disability 3,27,600/- 4,25,880/- Enhanced
9. Future medical - 25,000/- Granted
expenses
10 Loss of income 58,500/- 58,500/- Confirmed
Total Rs.5,12,100/- Rs.7,00,380/- Enhanced by
Rs.1,88,280/-
12.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.5,12,100/- is hereby enhanced
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C.M.A.No.1441 of 2017
to Rs.7,00,380/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The respondent/Transport Corporation
is directed to deposit the enhanced award amount now determined by this
Court 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.4147 of 2009 on the file of Motor
Accidents Claims Tribunal, 2nd Small Causes Court, Chennai. On such
deposit, the appellant is permitted to withdraw the enhanced award amount
along with interest and costs, less the amount if any, already withdrawn. No
costs.
31.01.2022
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Index : Yes / No
Internet : Yes/ No
Speaking/non-speaking order
To
1.The Judge,
2nd Small Causes Court,
Motor Accidents Claims Tribunal, Chennai.
2.The Section Officer,
V.R.Section, High Court, Chennai.
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C.M.A.No.1441 of 2017
S.KANNAMMAL, J.
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C.M.A.No.1441 of 2017
31.01.2022
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