The Managing Director vs Rajendran
2022 Latest Caselaw 74 Mad

                                                                                   CMANo.3578 of 2021
                                                                               and CMP.No.20867 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 03.01.2022
                                                      CORAM:
                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                               CMA.No.3578 of 2021
                                                      and
                                               CMP.No.20867 of 2021

                     The Managing Director,
                     Metropolitan Transport Corporation Ltd.,
                     Pallavan Salai, Chennai – 2.                                        ..Appellant

                                                          Vs.

                     Rajendran                                                         ..Respondent

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, against the judgment and decree dated 08.12.2017 made in
                     MCOP.No.495 of 2014 on the file of the Motor Accidents Claims Tribunal
                     (IV – Small Causes Court) Chennai.
                                          For Appellant         : Mr.S.Sivakumar




                                                  JUDGMENT

The Corporation challenges the award of the Tribunal dated

08.12.2017, granting a sum of Rs.1,06,600/- for the injuries suffered by the

https://www.mhc.tn.gov.in/judis CMANo.3578 of 2021 and CMP.No.20867 of 2021

claimant in a motor accident that occurred on 30.11.2011. The claimant

sought for compensation of Rs.9,00,000/- for the injuries suffered by him in

the said accident.

2.The Tribunal, on a consideration of the evidence on record

assessed the disability at 20% and awarded a sum of Rs.60,000/- for the

disability. The Tribunal awarded a sum of Rs.20,000/- for pain and

suffering and Rs.10,000/- was awarded for loss of income. Conventional

damages were awarded for extra nourishment, transport to hospital,

damages to clothes, attender charges, medical expenses, future medical

expenses and loss of amenities. Thus, the total award was worked out to

Rs.1,06,600/-. The Corporation has come up with this appeal, claiming that

the award is on the higher side.

3.It is seen from the records that the claimant has suffered fracture

of left clavicle and facial injuries. The total disability has been assessed at

40% by the Doctor, and the Tribunal has considered the objections raised by

the Appellant / Corporation and fixed the disability only at 20%. Since the

https://www.mhc.tn.gov.in/judis CMANo.3578 of 2021 and CMP.No.20867 of 2021

accident had occurred in 2011, the Tribunal has adopted Rs.3,000/- per

percentage of disability, which is in accordance with the judgment of this

Court in National Insurance Company Ltd., Vs. G.Ramesh reported in

2013 (2) TNMAC 583. It is also seen that the claimant was admitted in a

Government General Hospital for three days and thereafter, he had

undergone surgeries including skin grafting. Therefore, he must have

suffered considerable amount of pain. I do not see any unreasonableness in

the award of the Tribunal granting Rs.20,000/- for pain and suffering. The

other amounts awarded are just and reasonable. Therefore, I do not think,

the award calls for any interference at the hands of this case. Hence, this

civil miscellaneous appeal is dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

03.01.2022 kkn

Index:No Internet:Yes Speaking

https://www.mhc.tn.gov.in/judis CMANo.3578 of 2021 and CMP.No.20867 of 2021

R.SUBRAMANIAN, J.

KKN

To-

The Motor Accidents Claims Tribunal, IV-Judge, Court of Small Causes, Chennai.

CMA.No.3578 of 2021 and CMP.No.20867 of 2021

03.01.2022

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