Madras High Court
Chamundeswari vs Metropolitan Transport ... on 21 April, 2023
C.M.A.No.943 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2023
CORAM:
THE HONOURABLE Mrs.JUSTICE N.MALA
C.M.A.No.943 of 2023
Chamundeswari ...Appellant
Vs.
Metropolitan Transport Corporation,
Rep. by The Managing Director,
Pallavan Salai, Chennai – 2. ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the decree and judgment dated 07.08.2018 made
in MCOP.No.4302 of 2015 on the file of Motor Accident Claims Tribunal,
(III Small Causes Court), Chennai.
For Appellant : Mr.Varadha Kamaraj
For Respondent : Mr.Anton Dhanasekaran
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.943 of 2023
JUDGMENT
The appeal is filed by the claimant challenging the award dated
07.08.2018 made in MCOP.No.4302 of 2015 on the file of the Motor
Accident Claims Tribunal, (III Small Causes Court), Chennai.
2. The appeal is filed by the claimant for enhancement of
compensation. The claim petition was filed by the claimant seeking
Rs.8,00,000/- as compensation for the injuries sustained by her in a motor
accident which occurred on 05.09.2014.
3. According to the claimant, the accident occurred when the
transport corporation bus driven by its driver in a rash and negligent manner
hit her while she was walking on the road. Due to the accident she
sustained grievous injuries. According to the claimant, she was self-
employed and was earning a monthly income of Rs.15,000/-.
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C.M.A.No.943 of 2023
4. The Transport Corporation contested the claim petition by
filing counter wherein all the contentions raised in the claim petition were
denied including negligence and the quantum of compensation claimed.
5. Before the Claims Tribunal the claimant examined herself as
PW1 and the Doctor as PW2 and marked Exs.P1 to P8 in support of her
case. The respondent examined RW1, the driver of the transport
corporation bus.
6. The Tribunal on a conspectus of the entire evidence on record
allowed the claim petition by awarding compensation of Rs.64,150/- along
with 7.5% interest. Not satisfied with the award passed by the Claims
Tribunal, the claimant has filed the above appeal.
7. The learned counsel for the claimant submitted that Tribunal
erred in awarding Rs.3,000/- towards percentage of disability. The learned
counsel relied on the judgment reported in 2020 (1) TN MAC 617 [M.
Chinnathambi Vs. S.Deepa and another], and prayed that Rs.4,000/- may
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C.M.A.No.943 of 2023
be fixed for percentage of disability as the accident occurred in 2014 The
learned counsel further submitted that the compensation awarded towards
the other heads like loss of income, pain and suffering and attender charges
were very much on the lower side and the same needed to be modified.
8. The learned counsel for the respondent on the other hand
contended that the award passed was fair and reasonable and did not call for
interference and further submitted that the Tribunal erred in awarding
Rs.7,500/- towards medical expenses and future medical expenses in the
absence of evidence.
9. I have heard both the counsel and perused the materials
available on record.
10. The Tribunal assessed the disability at 10% and awarded a
sum of Rs.3,000/- per percentage of disability. In my view the learned
counsel for the appellant is justified in his submission that Rs.4,000/- should
be awarded towards each percentage of disability. This Hon'ble Court has
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C.M.A.No.943 of 2023
in the judgment in M. Chinnathambi Vs. S.Deepa and another reported in
2020 (1) TN MAC 617 held that for accidents that took place in the year
2014 a sum of Rs.4,000/- could be granted for each percentage of disability.
Following the said judgment the loss towards 10% disability is fixed at
Rs.40,000/-.
11. The award towards pain and suffering in my view is meagre.
Considering the nature of injuries and also the age of the claimant, a sum of
Rs.15,000/- is awarded towards pain and sufferings. It is seen that the
claimant suffered fracture of scapula in the hand and she would have been
out of work for atleast 2 months and therefore a sum of Rs.13,000/- is
awarded towards loss of income. In respect of other heads, the amounts
awarded by the Tribunal are confirmed.
12. As far as the objection of the learned counsel for the
respondent that the Tribunal erred in awarding Rs.7,500/- towards medical
expenses both past and future is concerned, the same is rejected as no
appeal has been filed by the respondent challenging the award.
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C.M.A.No.943 of 2023
13. The award of the Tribunal is therefore modified as follows:-
Sl. Heads Amount Amount
No. awarded by awarded in
the Tribunal the Appeal
1. Disability Rs.30,000/- Rs.40,000/-
2. Pain and suffering Rs.10,000/- Rs.15,000/-
3. Extra nourishment Rs.5,000/- Rs.5,000/-
4. Transport to Hospital Rs.5,000/- Rs.5,000/-
5. Damages to clothes Rs.500/- Rs.500/-
6. Attender charges Rs.400/- Rs.400/-
7. Medical expenses Rs.5,000/- Rs.5,000/-
8. Future Medical Expenses Rs.2,500/- Rs.2,500/-
9. Loss of Income Rs.3,250/- Rs.13,000/-
10. Loss of Amenities Rs.2,500/- Rs.2,500/-
Total Rs.64,150/- Rs.88,900/-
14. The claimant shall be entitled to a sum of Rs.88,900/- as
compensation along with 7.5% interest. The learned counsel for the
respondent submits that the amount awarded by the Tribunal was already
deposited and the same was also withdrawn by the claimant.
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C.M.A.No.943 of 2023
15. In view of the same, there shall be a direction to the
respondent to deposit the enhanced amount of Rs.24,750 along with 7.5%
interest from the date of petition till date of payment. It is made clear that
the claimant shall not be entitled to interest for the delay period of 1049
days, as the delay in filing the appeal was condoned on condition of
forfeiture of interest for the delay period of 1049 days.
16. Accordingly, the Civil Miscellaneous Appeal is partly
allowed. No costs.
21.04.2023
dsa
Index :Yes/No
Internet :Yes/No
Nuetral Citation :Yes/No
Speaking order /Non-speaking order
To:-
The III Small Causes Judge,
Motor Accident Claims Tribunal,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.943 of 2023
N.MALA, J.
dsa
C.M.A.No.943 of 2023
21.04.2023
https://www.mhc.tn.gov.in/judis
