Madras High Court
S.Divya Dorathy vs The Managing Director on 29 June, 2022
C.M.A.Nos.3149 to 3151 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.06.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A. Nos.3149 to 3151 of 2017
S.Divya Dorathy . .. Appellant in C.M.A.No.3149 of 2017
G.Premkumar ... Appellant in C.M.A.No.3150 of 2017
P.Arivazhgan ... Appellant in C.M.A.No.3151 of 2017
Vs.
C.M.A.No.3149 of 2017
1. The Managing Director, TNSTC
(Salem Divison-1) Ltd., 12,
Ramakrishna Road, Salem-7
2. R.Tineshkumar
3. The New India Assurance Co.Ltd.,
No.1, Bharathi Road, Arcot Woodlands
Buildings, Cuddalore,
Now at Door No.232, NSC Bose Road,
Bombay Mutual Building,
Chennai ...Respondents in all C.M.As
PRAYER in C.M.A.No.3149 of 2017 : Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicles Act, 1988 against the jugment and
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C.M.A.Nos.3149 to 3151 of 2017
decree dated 13.02.2015 in M.C.O.P. No.2371 of 2012 on the file of the
Motor Accident Claims Tribunal, 1st Additional District Judge, Cuddalore.
PRAYER in C.M.A.No.3150 of 2017 : Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicles Act, 1988 against the jugment and
decree dated 13.02.2015 in M.C.O.P. No.2381 of 2012 on the file of the
Motor Accident Claims Tribunal, 1st Additional District Judge, Cuddalore.
PRAYER in C.M.A.No.3151 of 2017 : Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicles Act, 1988 against the jugment and
decree dated 13.02.2015 in M.C.O.P. No.3047 of 2012 on the file of the
Motor Accident Claims Tribunal, 1st Additional District Judge, Cuddalore.
For Appellant : Ms.Ramya V.Rao
in all C.M.As
For Respondent-1 : Mr.D.Raghu
in all C.M.As
For Respondent-3
in all C.M.As : Ms.S.R.Sumathy
For Respondent-2 : Ex-parte
in all C.M.As
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C.M.A.Nos.3149 to 3151 of 2017
COMMON JUDGMENT
C.M.A.Nos.3149 to 3151 of 2017 have been filed by the claimants
seeking enhancement of the Award passed in M.C.O.P.No.2371, 2381 and
3047 of 2012 dated 13.02.2015 respectively.
2. The Transport Corporation has not filed any appeal. Therefore,
there is no necessity to discuss the aspect of the negligence.
3. As regards as M.C.O.P.No.2371 of 2012, the Tribunal has awarded
a total compensation of a sum of Rs.7,14,655/-. The claimant is aggrieved
by the income that has been fixed for calculating the notional income and
also the fact that the amounts granted under the head of "Loss of Income
during treatment" was very low and no amounts have been granted under
the head of "Extra Nourishment", "Attender Charges", "loss of marital
prospects" and loss of amenities and low amounts have been granted under
the head of "Transportation Charges" and "Pain and Sufferings".
4. The claimant in M.C.O.P.No.2381 of 2012 is aggrieved by the
income adopted for calculating the permanent disability and the fact that no
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C.M.A.Nos.3149 to 3151 of 2017
amounts have been granted under the head of "loss of amenities""
"Transportation charges", "Extra nourishment" and "Attender charges" and
low amount has been granted under the head of "Pain and Sufferings".
5. The claimant in M.C.O.P.No.3047 of 2012 likewise is
aggrieved by the income taken for calculating the permanent disability and
non-granting of compensation under the heads of "loss of income during
treatment", Extra nourishment", "loss of expectation of life", "Attender
charges", "Transportation Charges" and "Loss of amenities".
6. Heard the learned counsel on either sides and perused the
materials available on record.
7. The claimant in M.C.O.P.No.2371 of 2012 has suffered the
following injuries:
"Fracture right hip posterious dislocation public
symphasis Disruption, fracture right tibia shaft, loss of
function both hops and injuries all over the body."
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C.M.A.Nos.3149 to 3151 of 2017
She has undergone treatment in several hospitals, which is evidenced by
Exs.P8 to P11. The total disability has been assessed at 70%. The Tribunal
has adopted an income of Rs.2,000/-, which is on the lower side. This has
to be enhanced to Rs.3,000/-. Therefore, the amount under the head of
"permanent disability" is enhanced from Rs.1,40,000/- to Rs.2,10,000/-.
The amount under the head of "loss of income during treatment" is just a
meagre sum of Rs.26,000/-, Considering the fact that the claimant has been
in and out of the hospital, there is every likelihood of her not having work
for 4 months, the Tribunal has awarded loss of income for just a month.
Therefore, the loss of income for four months at Rs.26,000/- per month has
to be granted, which would work out to Rs.1,04,000/-. Considering the fact
that the claimant had travelled to several hospitals and only a sum of
Rs.11,000/-. has been granted under the head of "Transportation charges", it
is enhanced to a sum of Rs.27,000/-, which is supported by Ex.P12-
Transport Bills.
8. Considering the injuries sustained by the claimant, it is clearly
evident that she would have been subjected to a great deal of pain and
sufferings, the amounts under the head of "Pain and sufferings" is enhanced
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C.M.A.Nos.3149 to 3151 of 2017
to Rs.50,000/-. No amounts have been granted under the head of "Extra
nourishment", "Attender Charges", "Loss of marital prospects", and loss of
amenities, a sum of Rs.20,000/- is granted under the head of "Extra
nourishment", Rs.20,000/- towards "attender charges", Rs.20,000/- towards
"loss of marital prospects" and Rs.25,000/- towards "loss of amenities".
Therefore, the total compensation would be a sum of Rs.9,93,655/-. Since
the amount granted under the head of "Pain and Sufferings is very low, a
sum of Rs.50,000/- is granted under this head.
9. The claimant in M.C.O.P.No.2381 of 2012 has suffered the
following injuries:
"Fracture Orbital, loss of two teeth and injuries all over the body"
He has also taken treatment in different hospitals. The income adopted for
calculating permanent disability is enhanced to a sum of Rs.3,000/-.
Therefore, the amount under this head would stand increased from
Rs.60,000/- to Rs.90,000/- taking into account the disability assessed at
30%. No amounts have been granted under the head of "loss of earnings
during treatment". Taking into account the injuries and hospitals, in which,
the petitioner has been admitted, which is evidenced by Exs.P15 and P16, he
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C.M.A.Nos.3149 to 3151 of 2017
would have been out of action for four months. Therefore, calculating the
monthly income of Rs.8,000/-, he would be entitled to a sum of Rs.32,000/-
under this head. The amount under the head of "pain and sufferings" is
enhanced from Rs.20,000/- to Rs.30,000/-. No amounts have been granted
under the head of "transportation charges" and a sum of Rs.10,000/- is
granted under this head and also under the head of "Extra nourishment" and
"Attender chargers", for which also, the Tribunal has not granted any
compensation. A sum of Rs.20,000/- is granted under the head of "loss of
amenities". Therefore, the total compensation payable would be increased to
Rs.2,15,365/-.
10. The claimant in M.C.O.P.No.3047 of 2012, who is the
Conductor in the bus, would seek a sum of Rs.55,500/- towards "loss of
income during treatment. The Insurance Company has strongly objected to
the same, since the claimant has not been deprived of his salary during the
period of treatment. The claimant has suffered the following injuries:
"Fracture greater tyuperosity left humerus, left
shoulder with displacement into sub acromial space,
compound comminuted depressed fracture frontal bone
(left side) multiple rib fractures left throcic Cage facture
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C.M.A.Nos.3149 to 3151 of 2017
upper tibia left and through operation K WIRE was
installed and injuries all over the body"
He has also taken treatment in different hospitals as evidenced by Ex.P19
and P20. The income for calculating the permanent disability is increased to
a sum of Rs.3,000/- taking into account the disability assessed at 75%. The
compensation under the head of "permanent disability" would be a sum of
Rs.2,25,000/- (i.e 75% x 3000). The Tribunal has not awarded any amounts
under the head of "Extra nourishment", "loss of expectation of life",
"Attender charges", "Transportation charges" and "loss of amenities", a sum
of Rs.20,000/-, Rs.25,000/-, Rs.10,000/-, Rs.10,000/- and Rs.50,000/- have
been awarded under these heads respectively. The compensation stands
increased to a sum of Rs.4,52,305/-
11. Therefore, the Compensation awarded by the Tribunal in all
M.C.O.Ps is reworked as follows:
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C.M.A.Nos.3149 to 3151 of 2017
C.M.A.No.3149 of 2017
S.No. Description Amount Amount Award
awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted or
reduced
1 Loss of Income 26,000 1,04,000 Enhanced
during treatment
2 Loss of future - - -
earnings
3 Permanent 1,40,000 2,10,000 Enhanced
disability (70% x 2000) (70% x 3000)
4 Medical expenses 3,67,655 3,67,655 Confirmed
5 Future Medical 1,50,000 1,50,000 Confirmed
Expenses
6 Transport 11,000 27,000 Enhanced
7 Pain and Suffering 20,000 50,000 Enhanced
8 Extra Nourishment - 20,000 Granted
9 Attender Charges - 20,000 Granted
10 Loss of marital - 20,000 Granted
prospects
11 Loss of amenities - 25,000 Granted
TOTAL 7,14,655 9,93,655 Enhanced
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C.M.A.Nos.3149 to 3151 of 2017
C.M.A.No.3150 of 2017
S.No. Description Amount Amount Award
awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted or
reduced
1 Loss of Income - 32,000 Granted
during treatment (8,000 x 4
months)
2 Permanent 60,000 90,000 Enhanced
disability (30% x 2,000) (30%x 3000)
3 Medical expenses 13,365 13,365 Confirmed
4 Pain and Sufferings 20,000 30,000 Enhanced
6 Transport - 10,000 Granted
7 Extra Nourishment - 10,000 Granted
8 Attender Charges - 10,000 Granted
9 Loss of amenities - 20,000 Granted
TOTAL 93,365 2,15,365 Enhanced
C.M.A.No.3151 of 2017
S.No. Description Amount Amount Award
awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted or
reduced
1 Loss of Income - 55,500 Granted
during treatment (18,500 x 3)
2 Permanent 1,50,000 2,25,000 Enhanced
disability
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C.M.A.Nos.3149 to 3151 of 2017
S.No. Description Amount Amount Award
awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted or
reduced
(75% x 2000) (75%x 3000)
3 Medical expenses 6,805 6,805 Confirmed
4 Pain and Sufferings 50,000 50,000 Confirmed
5 Extra Nourishment - 20,000 Granted
6 Loss of Expectation - 25,000 Granted
of life
7 Attender Charges - 10,000 Granted
8 Transport - 10,000 Granted
9 Loss of Amenities - 50,000 Granted
TOTAL 2,06,805 4,52,305 Enhanced
7. These appeals are partly allowed and the Award of the Tribunal is
modified, enhancing the compensation amount from Rs.7,14,655/- to
Rs.9,93,655/- (C.M.A.No.3149 of 2017), Rs.93,365/- to Rs.2,15,365/-
(C.M.A.No.3150 of 2017) and Rs.2,06,805 to 4,52,305 (C.M.A.No.3151
of 2017). The third respondent-Insurance Company is directed to deposit
the said amount to the credit of M.C.O.P.Nos. 2371 of 2012, 2381 of 2012
and 3047 of 2012 along with interest at the rate of 7.5% per annum from the
date of claim petition till the date of deposit and costs as awarded by the
Tribunal, less, the amount, if any already deposited, within a period of six
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C.M.A.Nos.3149 to 3151 of 2017
weeks from the date of receipt of a copy of this judgment. On such deposit
being made, the claimants are permitted to withdraw the award amount,
along with accrued interest and costs as awarded by the Tribunal, less, the
amount, if any already withdrawn, by filing necessary application before the
Tribunal. The claimants are directed to pay the Court fee for the enhanced
compensation amount, if required. The Tribunal below shall not disburse the
enhanced amount till such time as the certified copy showing proof of
payment of Court fee has been produced by the claimants. In other respects,
the Award of the Tribunal is hereby confirmed. There shall be no order as
to costs in the present appeal.
29.06.2022
Index : Yes/No
Speaking Order : Yes / No
srn
To
1.The 1st Additional District Judge,
(Motor Accident Claim Tribunal),
Cuddalore.
2.The Section Officer,
VR Section, Madras High Court,
Chennai.
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C.M.A.Nos.3149 to 3151 of 2017
P.T. ASHA,
J,
srn
C.M.A.Nos.3149 to 3151 of 2017
29.06.2022
https://www.mhc.tn.gov.in/judis
