K.Sathish @ Gopinath vs The Managing Director
2023 Latest Caselaw 11204 Mad

Citation : 2023 Latest Caselaw 11204 Mad
Judgement Date : 25 August, 2023

Madras High Court

K.Sathish @ Gopinath vs The Managing Director on 25 August, 2023

                                                                               C.M.A.No.1970 of 2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     Dated: 25.08.2023

                                                 CORAM:
                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                       Civil Miscellaneous Appeal No.1970 of 2023


                    K.Sathish @ gopinath                           ... Appellant


                                                           Vs.


                    The Managing Director,
                    Tamil Nadu State Transport Corporation,
                    3/137, Salamedu, Vazhuthareddy,
                    Vilupuram.                                   ... Respondent

                    PRAYER : The Civil Miscellaneous Appeal is filed under Section 173 of
                    Motor Vehicles Act, 1988, against the judgment and decree dated
                    18.11.2022 in MCOP.No.3042 of 2016 on the file of the Motor Accident
                    Claims Tribunal, Special Sub Judge for LAOP Cases (FAC), Cuddalore.


                                     For Appellant     : Ms.Ramya V Rao
                                     For Respondent : Mr.S.S.Santhosh Kumar



                                               JUDGMENT

The Civil Miscellaneous Appeal is filed by the appellant challenging

the quantum of compensation awarded by the Tribunal in MCOP.No.3042 of https://www.mhc.tn.gov.in/judis

C.M.A.No.1970 of 2023

2016, dated 18.11.2022, on the file of the Motor Accident Claims Tribunal,

Special Sub Judge for LAOP Cases (FAC), Cuddalore.

2. The appellant is the claimant in MCOP.No.246 of 2022 on the file

of the Motor Accident Claims Tribunal, Special Sub Judge for LAOP Cases

(FAC), Cuddalore. He filed the said claim petition claiming a sum of

Rs.50,00,000/- as compensation for the grevious injuries sustained by the

appellant in the accident that took place on 19.01.2016.

3. According to the appellant, on 19.01.2016 at about 5.00 p.m.

while the appellant was riding his two wheeler bearing Registration No.TN-

31-BS-8715 nearing Chinnapettai Cross Road on extreme left side of the

road, the driver of the bus belonging to the respondent/Transport

Corporation drove the same in a rash and negligent manner dashed against

the two wheeler of the appellant. Due to the said impact, the appellant

sustained multiple injuries. Therefore, the appellant filed the claim petition

claiming a sum of Rs.50,00,000/- as compensation.

4. The respondent/Transport Corporation filed counter statement

denying all the averments made in the claim petition and stated that the

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C.M.A.No.1970 of 2023

accident did not happen due to the rash and negligent driving by the driver

of the bus belonging to the respondent/Transport Corporation and in any

event, the compensation claimed by the appellant is excessive and prayed

for dismissal of the claim petition.

5. Before the Tribunal, the appellant examined himself as P.W.1

and marked Exs.P1 to P22. On the side of the respondent/Transport

Corporation neither oral nor documentary evidence was adduced. The

Disability Certificate issued by the Medical Board is marked as Ex.C-1.

6. The Tribunal considering the pleadings, oral and documentary

evidence held that the accident occured due to the rash and negligent act of

the driver of the respondent/Transport Corporation vehicle and directed

them to pay a sum of Rs.34,14,666/- as compensation to the appellant. The

appellant has preferred the instant appeal, seeking enhancement of

compensation.

7. The learned counsel for the appellant submitted though the

appellant had established that he was working as Transport Operator and

Contractor, the Tribunal had fixed the notional monthly income at

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C.M.A.No.1970 of 2023

Rs.9,000/- which is meagre and requires enhancement. The learned counsel

fairly submitted that the award of the compensation under other heads are

just and reasonable and hence, prayed for enhancement of the compensation

awarded by the Tribunal.

8. Per contra, the learned counsel for the respondent/Transport

Corporation submitted that the award of the Tribunal is just and reasonable

and therefore, does not call for any interference and prayed for dismissal of

the appeal.

9. Heard the learned counsel appearing for the appellant as well as

the learned counsel appearing for the respondent/Transport Corporation and

perused all the materials available on record before this Court.

10. The only question involved in this case is whether the

compensation awarded by the Tribunal is just and reasonable?

11. It is seen that the appellant had examined himself as P.W.1 and

stated that he was working as a Transport Operator and Contractor. The

accident took place in the year 2016. However, the appellant had not

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C.M.A.No.1970 of 2023

produced any documentary proof to prove his income. In the facts of the

case, considering his age, avocation and the year of accident, this Court is of

the view that it would be just and reasonable to fix Rs.10,000/- as monthly

notional income. The Tribunal applied multiplier method by fixing the

functional disability at 62%. There is no infirmity in the said finding. Hence,

the compensation under the head “Permanent Disability” has to be fixed at

Rs.10,000/- + Rs.4,000 (40% towards future prospects) = Rs.14,000/- x 12 x

18 x 62% = Rs.18,74,880/-. The award of compensation under the other

heads are just and reasonable and the same is confirmed.

12. Thus, the compensation awarded by the Tribunal is modified as

follows:




                      S.N          Description     Amount            Amount       Award confirmed
                       o                          awarded by      awarded by this or enhanced or
                                                   Tribunal           Court         granted or
                                                     (Rs)              (Rs)           reduced
                      1.          Disability          16,87,392        18,74,880 Enhanced
                      2.          Pain and             4,20,000         4,20,000 Confirmed
                                  suffering
                      3.          Loss of                50,000           50,000 confirmed
                                  amenities
                      4.          Extra                  45,000           45,000 Confirmed
                                  nourishment
                      5.          Attender               45,000           45,000 Confirmed
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                                                                                  C.M.A.No.1970 of 2023



                                  charges
                      6.          Transport               48,000           48,000 Confirmed
                                  charges
                      7.          Medical bills        10,69,274        10,69,274 Confirmed
                      8.          Future medical          50,000           50,000 Confirmed
                                  expenses
                                  Total            Rs.34,14,666/-    Rs.36,02,154/- Enhanced        by
                                                                                    Rs.1,87,488/-

13. In the result, this Civil Miscellaneous Appeal is partly allowed

and the compensation awarded by the Tribunal at Rs.34,14,666/- is hereby

enhanced to Rs.36,02,154/- together with interest at the rate of 7.5% per

annum (excluding the default period, if any) from the date of petition till the

date of deposit. The appellant is directed to pay necessary Court fee, if any,

on the enhanced compensation. The respondent/Transport Corporation is

directed to deposit the modified award amount now determined by this

Court along with interest and costs, less the amount already deposited if any,

within a period of six weeks from the date of receipt of a copy of this

judgment. On such deposit, the appellant is permitted to withdraw the award

amount along with interest and costs, after adjusting the amount if any,

already withdrawn. No costs.