The Managing Director vs Maruthamuthu
2022 Latest Caselaw 16289 Mad

Citation : 2022 Latest Caselaw 16289 Mad
Judgement Date : 13 October, 2022

Madras High Court

The Managing Director vs Maruthamuthu on 13 October, 2022

                                                                         C.M.A.No.2200 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 13.10.2022

                                                     CORAM

                                     THE HONOURABLE Ms.JUSTICE P.T.ASHA

                                               C.M.A.No.2200 of 2022


                     The Managing Director,
                     Tamil Nadu State Transport Corporation
                     (Villupuram) Ltd.,
                     3/137, Salamedu,
                     Vazhuthareddy,
                     Villupuram-605 602.                                    .. Appellant

                                                          -Vs.-

                     Maruthamuthu                                           .. Respondent




                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, against the judgment and decree dated 10.11.2021 made in
                     M.C.O.P.No.297 of 2015 on the file of Motor Accident Claims Tribunal,
                     The Special Subordinate Judge, Cuddalore.


                                         For Appellant      : Mr.K.J.Sivakumar

                                         For Respondent     : Mrs.Ramya V.Rao




https://www.mhc.tn.gov.in/judis
                                                                                     C.M.A.No.2200 of 2022


                                                         JUDGMENT

The Transport Corporation has filed the above appeal, challenging the

Award passed by the Motor Accident Claims Tribunal (Special Subordinate

Judge), Cuddalore in M.C.O.P.No.297 of 2015.

2. The challenge is to the quantum that has been granted by the

Tribunal below.

3. Heard the learned counsel on either side and perused the

materials available on record.

4. The claimant had sustained the following injuries.

                                  (i)      Fracture of Nasal bone (left)
                                  (ii)     Injury on head
                                  (iii)    Injury on Forehead
                                  (iv)     Injury on Mouth
                                  (v)      Injury on Thigh
                                  (vi)     Injury on Neck
                                  (vii)    Injury on Genitals

(viii) Multiple grievous injuries all over the body.

https://www.mhc.tn.gov.in/judis C.M.A.No.2200 of 2022

5. The claimant has been an inpatient from 06.12.2014 to

17.12.2014 and claims to have been treated in a private hospital. Thereafter,

the claimant has himself stated that he is earning a sum of Rs.12,000/- per

month and working as a coolie. The Tribunal has adopted a notional

income of Rs.13,000/- over and above the income pleaded by the claimant.

The notional income is therefore fixed at Rs.7,500/- and the amount granted

under the head of loss of income is reduced from a sum of Rs.5,30,400/- to

Rs.3,06,000/-. Likewise, the amount under the head of pain and suffering is

reduced to a sum of Rs.25,000/-. Though the petitioner has undergone

treatment in the Government hospital at Pennadam and Cuddalore, the

Tribunal has granted him a sum of Rs.50,000/- under the head of medical

expenses and the same is reduced to a sum of Rs.10,000/-. Likewise, the

amount under the head of transportation charges is reduced to a sum of

Rs.15,000/- and the amount under the head of Extra nourishment is also

reduced to a sum of Rs.15,000/-. The claimant has not been granted any

amount under the head of loss of amenities and attender charges. Therefore,

a sum of Rs.20,000/- and Rs.10,000/- respectively under these heads have

been granted. Therefore, the modified amount would be a sum of

https://www.mhc.tn.gov.in/judis C.M.A.No.2200 of 2022

Rs.4,01,000/-. Accordingly, the Compensation awarded by the Tribunal is

reworked as below:

Heads Amount by the Tribunal Amount Awarded by this Court in Rs.

in Rs.

Loss of Disability 5,30,400 3,06,000 (13,000 x 12 x 17 x 20%) (7,500 x 12x17 x 20%) Pain and Suffering 50,000 25,000 Medical expenses 50,000 10,000 Transportation Charges 50,000 15,000 Extra Nourishment 30,000 15,000 Charges Loss of amenities - 20,000 Attender Charges - 10,000 Total 7,10,400 4,01,000

6. This appeal is partly allowed and the impugned Award of the

Tribunal is modified, reducing the compensation amount from

Rs.7,10,400.00 to Rs.4.01,000.00. The appellant-Transport Corporation is

directed to deposit the said amount Rs.4,01,000/- to the credit of

M.C.O.P.No.297 of 2015 together with interest @ 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

https://www.mhc.tn.gov.in/judis C.M.A.No.2200 of 2022

weeks from the date of receipt of a copy of this Judgement. On such deposit

being made, the claimant is permitted to withdraw the amount now

determined by this Court, along with interest and costs, as apportioned by

the Tribunal, after adjusting the amount if any already withdrawn. The