Madras High Court

Settu vs The Managing Director on 11 August, 2023

                                                                                C.M.A.No.1961 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 11.08.2023

                                                         CORAM :

                                    THE HON'BLE MR. JUSTICE P.VELMURUGAN

                                                 C.M.A.No.1961 of 2018


                     Settu                                                       ... Appellant

                                                           Vs.

                     The Managing Director,
                     Tamil Nadu State Transport Corporation,
                     Vellore.                                                   ... Respondent


                                     Civil Miscellaneous Appeal filed under Section 173 of Motor
                     Vehicles Act, 1988 to enhance the award dated 19.08.2015 made in
                     M.A.C.T.O.P.No.189 of 2013 on the file of the Motor Accidents Claims
                     Tribunal and Chief Judicial Magistrate, Thiruvannamalai.



                                     For Appellant      : Ms.A.Subadra

                                     For Respondent : Mr.S.S.Santhosa Kumar




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                                                                                    C.M.A.No.1961 of 2018

                                                    JUDGMENT

Not being satisfied with the quantum of compensation awarded

by the Motor Accidents Claims Tribunal, Chief Judicial Magistrate,

Thiruvannamalai, in M.A.C.T.O.P.No.189 of 2013, dated 19.08.2015, this

appeal has been filed by the claimant for enhancement of the compensation

amount.

2. For the sake of convenience, the parties are referred to as per

their ranking before the Tribunal.

3. The case of the petitioner/injured claimant is that on

06.09.2012 at about 11.45 p.m., while he was travelling as a passenger in

the respondent's Government Bus bearing Registration No.T.N.23 N 2165

from Trichy towards Tiruvannamalai and when the bus was proceeding near

Kizhathazhanur Village in Trichy - Vellore Road, the respondent's driver

had driven the bus in a rash and negligent manner with high speed and lost

his control and dashed against unknown mini lorry, which came from

opposite direction. Due to the said impact, the petitioner sustained grievous

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injuries. Immediately, the petitioner was admitted in the Government

Hospital, Tirukoilur for treatment. Hence, the petitioner filed the claim

petition seeking compensation of Rs.10,00,000/-.

4. The said claim petition was resisted by the Transport

Corporation by filing a counter statement denying the manner of accident as

projected by the petitioner in the claim petition. Thus, they sought for

dismissal of the claim petition.

5. To substantiate the case on the side of the claimant, P.W.1

and P.W.2 were examined and the documents were marked as Ex.P1 to

Ex.P12. On the side of the respondents, R.W.1 and R.W.2 were examined

and no documentary evidence was produced.

6. The Tribunal, after analysing the entire evidence, came to the

conclusion that the accident had occurred due to the rash and negligent

driving of the driver of the bus bearing Registration No.T.N.23 N 2165. By

coming to such conclusion, the Tribunal awarded a sum of Rs.4,34,000/- as

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compensation and directed the respondent/Transport Corporation to pay the

above compensation. The break-up details of the amounts awarded by the

Tribunal under various heads are as follows:

S. Heads under which the compensation Amounts awarded by No. is awarded the Tribunal in Rs.

                             1    Permanent disability                                   90,000
                             2    Medical Expenses                                     2,94,000
                             3    Pain and Sufferings                                    25,000
                             4    Extra Nourishments                                     15,000
                             5    Transportation Expenses                                10,000
                                  Total                                                4,34,000

7. Challenging the said award passed by the Tribunal, the

claimant has filed the present appeal seeking enhancement of the

compensation.

8. The learned counsel for the appellant/claimant has submitted

that, at the time of accident, the injured/claimant was aged about 46 years

and he was a florist and earning Rs.15,000/- per month. Due to the accident,

the injured sustained multiple injuries all over the body and he completely

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lost his earning capacity. The learned counsel further submitted that

P.W.2/Doctor was examined to prove the disability suffered by the injured

and he assessed disability at 50%, however, the Tribunal fixed the disability

at 45% and awarded a sum of Rs.90,000/- under the head ''Permanent

disability'' by fixing Rs.2,000/- per percentage. The Tribunal ought to have

adopted multiplier method while awarding compensation towards loss of

earning capacity. He further submitted that a sum of Rs.3,000/- per

percentage of disability has to be fixed for the accident, which took place in

the year 2012, whereas, the Tribunal had fixed only Rs.2000/- per

percentage of disability. Further, the compensation awarded by the Tribunal

under different heads are meagre and prayed for enhancement of the

compensation.

9. The learned counsel for the respondent/Transport

Corporation fairly conceded that during the relevant period, Rs.3,000/- per

percent has to be fixed on the disability.

10. Heard the learned counsel for the appellant and the learned

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counsel for the respondent and perused the records.

11. The accident is admitted. The offending vehicle involved in

the accident is also admitted and the liability of the respondent Transport

Corporation is also not in dispute. The only dispute now raised before this

Court is regarding the quantum of compensation awarded by the Tribunal.

12. This Court, as the first appellate Court and being the final

fact finding Court, has to re-appreciate the entire evidence and give

independent finding and also see as to whether the Tribunal has rightly

appreciated the evidence and awarded 'just' compensation or not, or it

requires to be enhanced.

13. On a perusal of the records, it is seen that due to the

accident, the appellant sustained multiple injuries all over his body. To

substantiate the injuries sustained by him, the appellant has examined

P.W.2/Doctor, who assessed the disability of the appellant at 50%. The

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Tribunal, after analysing the Disability Certificate, assessed the disability of

the injured at 50%, which reflects only right hand bone fracture of the

injured, however, whole body disability of the injured was not assessed and

therefore, the Tribunal had fixed the disability at 45% and awarded

Rs.2,000/- per percent of disability. Based on the submissions made by the

learned counsel on either side, this Court finds that during the relevant

period, Rs.3,000/- per percentage of disability has to be fixed towards

disability.

14. In view of the above submissions, the sum of Rs.2,000/- per

percentage of disability is set aside. Instead of Rs.3,000/- per percentage of

disability is awarded. Hence, this Court fixes the disability at 45% and

awards a sum of Rs.1,35,000/- [Rs.3000x45] under the head ''Permanent

disability'' by fixing Rs.3,000/- per percentage.

15. The amounts awarded by the Tribunal under all the other

heads are fair and reasonable and hence, they are confirmed.

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16. Thus, the total compensation payable to the

appellant/claimant is re-calculated and tabulated below:

S. Heads under which Amounts awarded Amounts awarded No. the compensation is by the Tribunal in by this Court in Rs.

                                       awarded               Rs.
                             1    Permanent disability            90,000              1,35,000
                             2    Medical Expenses               2,94,000             2,94,000
                             3    Pain and Sufferings             25,000                  25,000
                             4    Extra Nourishments              15,000                  15,000
                             5    Transportation                  10,000                  10,000
                                  Expenses
                                  Total                          4,34,000             4,79,000

17. Accordingly, the compensation awarded by the Tribunal at

Rs.4,34,000/- is hereby enhanced to Rs.4,79,000/- together with interest at

the rate of 7.5% per annum from the date of claim petition till the date of

deposit. The respondent/Transport Corporation is directed to deposit the

total compensation awarded by this Court before the Tribunal, after

adjusting the amount, if any, already deposited, within a period of six

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

the claimant is permitted to withdraw the entire amount, less the amount, if

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any, already withdrawn. The appellant shall pay necessary Court fee, if any,

on the enhanced compensation.