Madras High Court

Balajikumar vs The Tamil Nadu Transport ... on 21 April, 2023

    2023/MHC/2066




                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 21.04.2023

                                                         CORAM:

                            THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                              C.M.A(MD)No.876 of 2022


                     Balajikumar                         :Appellant/Petitioner


                                                  .vs.


                     The Tamil Nadu Transport Corporation,
                     represented through the Managing Director,
                     having its office at Bye Pass Road,
                     Collectorate Post,
                     Dindigul District.             :Respondent/ Respondent


                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act against the          fair and decretal order made in
                     M.A.C.O.P.No.136 of 2018, dated 10.2.2020, on the file of the Motor
                     Accidents Claims Tribunal(Special Subordinate Judge), Dindigul.


                                       For Appellant          :Mr.S.Pugalendhi

                                       For Respondent         :Mr.K.A.Thirumalaiappan

                                                  JUDGMENT

*************

Seeking enhancement of compensation, the present Civil

Miscellaneous Appeal has been filed by the appellant/claimant.

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

2.The Petitioner/appellant/Claimant was travelling as a

pillion rider in a motor cycle bearing Registration No. TN 57 K8338

belonging to one Diwakaran on 22.7.2016, when the motor cycle

was proceeding from north to south in the left side of the road, in

the curve north to Ambika Cotton Mill 4th Unit, the Government bus

bearing Registration No. TN 57 N 1559 came in a rash and

negligent manner in left side of the road and dashed against the

motor cycle, due to which, the Petitioner sustained fracture in his

back hip, grievous injureis in his bladder, spleen, crush injuries in

his left hip, penis, fracture in his spinal cord and multiple injuries

all over the body. Immediately he was admitted in the Government

Head quarters Hospital at Dindigul and thereafter he was shifted

to Government Rajaji Hospital, Madurai, for further treatment. He

was treated as inpatient there from 22.7.2016 to 1.10.2016 and

thereafter from 18.12.2016 to 7.1.2017 and then from 22.1.2017 to

10.2.2017 and thereafter admitted in Rajiv Gandhi Medical

College, Chennai and there he was treated as inpatient from

29.4.2017 to 4.5.2015. Even now, the Petitioner is taking treatment

as outpatient. Besides during the course of treatment, Spleen

Transplanaation operation is also done on his bladder was

removed and external urinary bladder was fixed. At the time of

accident, the Petitioner was aged 20 years, working in Amibika

https://www.mhc.tn.gov.in/judis Cotton Mill earning a sum of Rs.15,000/- p.m. Hence a

compensation of Rs.50 lakhs was claimed by the injured claimant.

3.It the contention of the respondent-Transport Corporation

that the driver of the Transport Corporation bus drove the bus in a

cautious manner, however, the driver of the motor cycle drove the

vehicle in a zig zag manner and dashed against the bus. The

income and other aspects of the injured was not disputed.

4.Before the Tribunal, on the side of the Petitioner/appellant

P.W.1 was examined and Ex.P1 to Ex.P10 were marked and the

official from the Government Rajaji Hospital, Madurai was

examined as P.W.2 and Ex.X1 and Ex.X2 were marked. On the side

of the respondent, driver of the transport Corporation bus was

examined as R.W.1 and no documents were marked.

5.The Tribunal, after analyzing the evidence of P.W.1 and

considering the documents, particularly, the First Information

Report filed, fixed the negligence on the part of the driver of the

Transport Corporation bus and the Tribunal has fixed the

compensation as follows:

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

1.For future loss of income and disability - Rs.8,42,400/-

                     2.Medical Expenses                                     -Rs.29,743/-
                     3.For Attendant Charges                               - Rs.10,000/-
                     4.For pain and sufferings                              -Rs.40,000/-
                     5.For loss of personal belongings and                 -Rs.3,000/-
                     6.For transport Expenses                               -Rs.3,000/-
                     7.For Extra nourishment                                -Rs.15,000/-
                           total                                             -------------------

                                                                            -Rs.9,38,143/-

                                                                             -------------------

6.The learned counsel for the appellant/claimant submitted

that the disability certificate issued by the Medical Officer Ex.P8

clearly show that the petitioner has suffered 60% functional

disability and his spinal cord had fractured and grievous injuries in

the bladder and he is not able to work besides further the medical

records clearly show that he has undergone surgery and his

bladder was removed and external urinary bladder was fixed. The

notional income of Rs.6500/- was fixed by the Tribunal instead of

the salary drawn by the Petitioner. The Tribunal has not added any

future prospectus.The learned counsel for the Petitioner/appellant

further submitted that the Petitioner being a young adult, has lost

his marriage prospectus and that also has not been taken into

consideratiuon by the Tribunal.

7.The learned counsel for the respondent Transport

https://www.mhc.tn.gov.in/judis Corporation would submit that the Tribunal has adopted correct

multiplier and fixed the correct notional income and thus the

compensation awarded by the Tribunal is just and reasonable.

8.In the light of the above submissions, now the point that

arose for consideration in this appeal is as follows:

Whether the compensation awarded by the Tribunal is just

and reasonable and whether it needs further enhancement?

9.It is not disputed that the injured is only 20 years at the

time of accident and he was working in a Cotton Mill and he was

drawing a salary of Rs.7092/- after deductions.The Tribunal has

fixed the notional income at Rs.6500/- p.m., and disbelieved the

salary certificate issued by the Ambika Cotton Mills and fixed the

notional income at Rs.6500/-. It is an admitted fact that the injured

is 20 years at the time of accident. Therefore, even if there is no

income proof for an young working person like the Petitioner, who

is aged 20 years at the time of accident, at the relevant point of

time they would have earned minimum of Rs.7500/-p.m..The

Tribunal has not taken the same into account while fixing the

notional income. Accordingly, this Court fixed the notional income

https://www.mhc.tn.gov.in/judis at Rs.7500/-p.m. The nature of the injuries sustained by the

Petitioner has been clearly established .Ex.P3 is the discharge

summary and Ex.P5 is the scan report and Ex.P8 is the Disability

Certificate makes it very clear that the Petitioner has sustained

grievous injuries and is totally immobilized and his spinal cord is

damaged.Further the Petitioner had sustained extensive pelvic

injury with injury in membrane urethra with extravasation of urine.

Further it is also noted that the urethroplasty was done on

23.07.2017 with SPC full inside. It is also noted that still the patient

has SPC and the disability of the Urological aspect is 60%. It

shows that the Petitioner is suffering from disability affecting his

day to day works and also permanent one.

10.The Petitioner also appeared before this Court in person

and on seeing him, this Court also found that he is not in a position

to do any work without the help of others and he is not in a

position to move and attend his day to day affairs as before.

Further, Spleen Transplantation Operation was done on his bladder

and the same was removed and external urinary bladder was fixed.

The medical records clearly shows that these injuries are grievous

in nature and therefore the disability is arrived at 60% and the

prospectus of his marriage is totally ruined. Further the Petitioner

https://www.mhc.tn.gov.in/judis is not in a position to do any other work on his own, as before.

11.In such view of the matter , this Court is of the view that

taking note of the nature of the injuries, fixed the notional income

at Rs.7500/-p.m and future prospectus is added at 40% and the

total income thus comes to Rs.10,500/- and thus the total loss of

income comes to Rs.10.500/- x 18 x 12 x 60% =Rs.13,60,000/-. This

Court taking note of the injuries, awards a sum of Rs.2 lakhs

towards pain and sufferings. Considering the fact that the

Petitioner has lost the opportunity of marriage and his marriage

prospectus also got totally ruined and also the Petitioner is aged

20 years at the time of accident, awards a sum of Rs.5 lakhs for

loss of amenities.Further the award of the Tribunal for medical

expenses at Rs.29,743/-, attendant charges at Rs.10,000/-, for loss

of personal belongings and clothings at Rs.3000/-, transport

expenses at Rs.3000/- and extra nourishment at Rs.15,000/- stands

confirmed and all these heads totalling to Rs.50,743/-. Thus the

Petitioner is entitled to a sum of Rs.13,60,000/-+Rs.2 lakhs +Rs.5

lakhs + Rs.50,743/- =Rs.21,10,743/- rounded off to Rs.21,11,000/-

which is tabulated as follows:





https://www.mhc.tn.gov.in/judis
                        S.No           Name of the        Awarded by Awarded by       Remarks
                                         heads            the Tribunal this Court
                      1             For loss of inome Rs.8,42,400 Rs13,60,000 modified
                                    and disability                /-
                      2             For      medical Rs.               Rs.29,743/-   same
                                    expenses         29,743/-/-
                      3             For     attendant Rs.10,000/-      Rs.10,000/-   same
                                    charges
                      4.            For    pain   and Rs.20,000/-      Rs.           modified
                                    sufferings                         2,00,000/-
                      5             For loss of of Rs,3,000/-          Rs.3,000/-    modified
                                    belongings and
                                    clothings
                      6             For    Transport Rs.3,000/-        R3,000/-      Same
                                    Expenses
                      7.            For       Extra Rs.15,000/-        Rs.15,000/-   Same
                                    Nourishment
                      8.            For    loss      of      -----     Rs.           Newly
                                    amenities                          5,00,000/-    awarded
                      9             Total                 Rs.          Rs.          enhanced
                                                          8,38,143/-   21,10,743/-
                                                                       (rounded off
                                                                       to       Rs.
                                                                       21,11,000/-

with interest at the rate of 7.5% from the date of claim petition till

the date of realisation.

12.In the result, the Civil Miscellaneous Appeal is allowed

and the compensation is enhanced from Rs.9,38,143/- to Rs.

21,11,000/- with interest at the rate of 7.5% pa., from the date of

claim petition till the date of realisation. The Respondent/Transport

https://www.mhc.tn.gov.in/judis Corportion is directed to deposit the enhanced award amount with

accrued interest and costs to the credit of the claim petition, less

the award amount already deposited, if any, within a period of two

months from the date of claim petition. On such deposit being

made, the appellant/petitioner/claimant is permitted to withdraw

the same by filing necessary application before the Tribunal.The