Madras High Court
Durai vs Shanmugam on 5 April, 2023
C.M.A.(MD)No.319 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A.(MD)No.319 of 2023
Durai ...Appellant / Petitioner
Vs.
1.Shanmugam
2.The New India Assurance Company Limited,
Through its Branch Manager,
Catholic Centre, No.913, Main Road,
Kovilpatti.
3.Malayalam
4.United India Insurance Company Limited,
Through its Divisional Manager,
No.14, Whites Road,
Sudarson Building II Floor, Chennai. ... Respondents / Respondents
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, to enhance the award amount in M.C.O.P.No.82 of
2013 on the file of the Motor Accident Claims Tribunal, (Special Sub Court),
Tirunelveli, dated 27.04.2015.
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.319 of 2023
For Appellant : Mr.T.Selvakumaran
For R1 & R3 : No Appearance
For R2 : Mr.R.Ramadurai
For R4 : Mr.I.Robert Chandrakumar
JUDGMENT
The present Civil Miscellaneous Appeal is filed, seeking enhancement of
the award passed by the Motor Accident Claims Tribunal (Special Sub Court),
Tirunelveli in M.C.O.P.No.82 of 2013, dated 27.04.2015.
2.For the sake of convenience, the parties are referred to herein as per
their rank before the trial Court.
3.The brief facts leading to the filing of the Civil Miscellaneous Appeal
are as follows:
The claimant while driving the bus bearing Registration No.TN-73-
B-7200 belonging to the 3rd respondent from Chennai to Tirunelveli and at 07.00
p.m., on 26.01.2023, tried to overtake a lorry bearing Registration No.TN 61-
Z-9444 proceeding in front of the bus, near Thulukkapatti Bridge at Virudhunagar-
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.319 of 2023
Sattur road and due to exploding of tire, the bus came to the right side suddenly.
Therefore, in order to avoid the accident, the claimant turned the bus to the left
side. However, the bus hit the lorry and as a result, the petitioner sustained
injuries. At the time of accident, he was earning a sum of R.25,000/- per month
and due to permanent disability, he is not able to work as earlier. Therefore,
claiming a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) as compensation, the
claimant filed the claim petition.
4.It is the case of the respondents that only the claimant had driven the
bus in a rash and negligent manner and hit the lorry from the behind.
5.Before the Tribunal, on the side of the claimant, three witnesses were
examined as P.W.1 to P.W.3 and Ex.P.1 to Ex.P.10 were marked. On the side of the
respondents, three witnesses were examined as R.W.1 to R.W.3 and Ex.R.1 and
Ex.R.6 were marked.
5.The Tribunal, after perusing the oral and documentary evidence, held
that though the claimant was negligent in driving the bus, under the provisions of
Workman Compensation Act, the 4th respondent is liable to pay the compensation
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.319 of 2023
to the claimant and awarded a sum of Rs.1,09,219/- (Rupees One Lakh Nine
Thousand Two Hundred and Nineteen Only) as compensation.
6.Not satisfying with the said compensation, the claimant has filed this
Civil Miscellaneous Appeal on the ground that the monthly salary adopted by the
Tribunal at Rs.4,000/- is very meager and the same has to be enhanced for some
extent.
7.The learned counsel for the 4th respondent would submit that the salary
may be extended to Rs.6,000/- per month.
8.Taking note of the year of the accident and taking note of the fact that
the claimant is the driver by profession of the heavy vehicle, this Court feels that it
will be reasonable to fix monthly income of the claimant at Rs.7,500/-, since the
entire compensation is awarded under the Workman Compensation Act.
Accordingly, this Court fixes a sum of Rs.7,500/- as income of the claimant and if
the relevant multiplier is adopted by taking note of the age of the claimant at the
time of accident, the compensation would come around Rs.2,04,786/- (Rupees
Two Lakhs Four Thousand Seven Hundred and Eighty Six Only).
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.319 of 2023
9.The 4th respondent is directed to deposit the enhanced compensation
amount i.e., Rs.2,04,786/- as modified by this Court, with interest at the rate of
7.5% excluding the period of delay, to the credit of M.C.O.P.No.82 of 2013, on the
file of the Motor Accident Claims Tribunal /Special Sub Court, Tirunelveli within
a period of six weeks from the date of receipt of a copy of this judgment, less the
amount, if any already deposited. On such deposit, the claimant is permitted to
withdraw the amount, less the amount if any already withdrawn, by making
necessary application before the Tribunal. No costs.
05.04.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
ta
To
1.The Motor Accident Claims Tribunal /
Special Sub Court, Tirunelveli.
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.319 of 2023
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.319 of 2023
N.SATHISH KUMAR, J.
ta
C.M.A.(MD)No.319 of 2023
05.04.2023
https://www.mhc.tn.gov.in/judis
