Madras High Court
The General Manager vs Jansirani on 28 August, 2023
CMA Nos. 1356 & 1411 / 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal Nos. 1356 & 1411 of 2023
and
C.M.P. No. 13587 of 2023
C.M.A. No. 1356 of 2023:
The General Manager,
Tamil Nadu State Transport Corporation
Trichy Region, Periya Milaguparai
Trichy – 1.
Having Branch at Thuraimangalam,
Perambalur. ...
Appellant
Versus
Jansirani ... Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree dated
06.09.2018 made in M.C.O.P. No. 515 of 2018 on the file of the Motor
Accident Claims Tribunal / Chief Judicial Magistrate, Perambalur.
For Appellant : Mr. M. Murali Vinodh.
For Respondent : Mr. S.P. Yuvaraj.
C.M.A. No. 1411 of 2023:
https://www.mhc.tn.gov.in/judis
CMA Nos. 1356 & 1411 / 2023
Jansirani ... Appellant
Versus
The General Manager,
Tamil Nadu State Transport Corporation
Trichy Region, Periya Milaguparai
Trichy – 1.
Having Branch at Thuraimangalam,
Perambalur. ... Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree dated
06.09.2018 made in M.C.O.P. No. 515 of 2018 on the file of the Motor
Accident Claims Tribunal / Chief Judicial Magistrate, Perambalur.
For Appellant : Mr. S.P. Yuvaraj.
For Respondent : Mr. M. Murali Vinodh.
COMMON JUDGMENT
C.M.A. No. 1356 of 2023 has been filed by the Insurance
Company and C.M.A. No. 1411 of 2023 has been filed by the claimant
challenging the award passed by the Tribunal in M.C.O.P. No. 515 of
2018 dated 06.09.2018.
2.Parties are hereinafter referred to as per their rank in the claim
petition for the sake of convenience. The claimant has filed the claim
https://www.mhc.tn.gov.in/judis
CMA Nos. 1356 & 1411 / 2023
petition seeking compensation stating that on 28.11.2017 at about 4.30
p.m. when she was traveling as a passenger in the bus bearing
Registration No. TN 45 N 3836, the driver of the bus belonging to the
respondent, which was proceeding from Salem to Trichy near Vathalai
Police Station drove the same in a rash and negligent manner and dashed
against a road side tree, as a result of which, she sustained grievous
injuries all over the body and was admitted in hospital.
3.The respondent filed a counter denying all the averments made in
the claim petition stating that the petition is neither maintainable in law
nor sustainable on facts; and that in any case, the compensation claimed
was excessive and prayed for dismissal of the claim petitions.
4.The claimant examined herself as PW1 and marked Ex.P.1 to
Ex.P.13. On the side of the respondent, the driver of the bus was
examined as RW1, however no document has been marked. The
disability certificate issued by the Medical Board is marked as Ex.C.1.
5.The Tribunal after considering the oral and documentary
evidence found that the accident occurred due to the rash and negligent
https://www.mhc.tn.gov.in/judis
CMA Nos. 1356 & 1411 / 2023
driving of the driver of the bus and directed the respondent to pay a
compensation of Rs.28,69,900/- to the claimant. Aggrieved by the said
award, these instant appeals have been filed.
6.The learned counsel for the claimant submitted that the notional
income fixed by the Tribunal is meagre and prayed for enhancement of
compensation.
7.The learned counsel for the respondent / Transport Corporation,
per contra, submitted that the notional income fixed by the Tribunal is
excessive and the Tribunal has erred in fixing the entire negligence on the
part of the driver of the bus and prayed to set aside the award passed by
the Tribunal.
8.Though the respondent / Transport Corporation raised a ground
challenging the finding with regard to negligence, the learned counsel for
the respondent / Transport Corporation was unable to point out any error
in that regard. The claimant examined herself as PW1 and marked
Ex.P.1, FIR to prove that the accident took place due to the negligence of
the driver of the respondent. The respondent / Transport Corporation in
https://www.mhc.tn.gov.in/judis
CMA Nos. 1356 & 1411 / 2023
their counter filed before the Tribunal have admitted that the accident
took place due to the negligence of its driver. RW1's evidence only
confirms that the accident took place due to his negligence. Hence, the
Tribunal had correctly fixed the entire negligence on the driver of the
respondent.
9.The only question therefore involved in these instant appeals is
whether the compensation awarded under the head loss of income is just
and reasonable.
10.Admittedly, the claimant was holding a diploma from Teacher
Education Board. She had deposed before the Tribunal that she was
taking home tuitions. The accident is of the year 2017. Considering the
educational qualification, the avocation and the age of the injured, this
Court is of the view that it would be just and reasonable to fix Rs.
13,000/- per month as notional income of the injured. The claimant is
entitled to 40% enhancement towards future prospects. Considering the
fact that the left leg of the claimant was amputated, the functional
disability fixed by the Tribunal at 75% cannot be faulted. Since the
claimant was aged about 38 years at the time of the accident, the
https://www.mhc.tn.gov.in/judis
CMA Nos. 1356 & 1411 / 2023
multiplier applicable is 15. Therefore, loss of income would be Rs.
13,000/- + Rs. 5,200/- (40% of Rs. 13,000/-) = Rs. 18,200/- x 12 x 15 x
75% = Rs. 24,57,000/-. The award under the other heads are just and the
same are confirmed. Thus, the award of the Tribunal is modified as
follows;
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of income 18,90,000 24,57,000 Enhanced
2. Transport to hospital 10,000 10,000 Confirmed
3. Extra Nourishment 25,000 25,000 Confirmed
4. Attender's charge 50,000 50,000 Confirmed
5. Pain and sufferings, 1,00,000 1,00,000 Confirmed
mental agony
6. Medical bills 1,93,915 1,93,915 Confirmed
7. Loss of amenities 1,00,000 1,00,000 Confirmed
8. Damage to cloth 1,000 1,000 Confirmed
9. Future Medical expenses 1,00,000 1,00,000 Confirmed
10. Loss of Marital life 2,00,000 2,00,000 Confirmed
11. For artificial limb and its 2,00,000 2,00,000 Confirmed
maintenance
Total 28,69,915 34,36,915 Enhanced by
rounded off rounded off Rs. 5,67,000/-
to to
28,69,900 34,36,900
https://www.mhc.tn.gov.in/judis
CMA Nos. 1356 & 1411 / 2023
11.With the above modification, C.M.A. No. 1356 of 2023 is
dismissed and C.M.A. No. 1411 of 2023 is partly allowed and the
compensation awarded by the Tribunal at Rs.28,69,900/- is hereby
enhanced to Rs.34,36,900/- together with interest at 7.5% per annum
(excluding the default period if any) from the date of petition till the date
of deposit. The respondent / Transport corporation is directed to deposit
the award amount now determined by this Court along with interest and
costs, less the amount already deposited, if any, within a period of six (6)
weeks from the date of a receipt of copy of this Judgment. On such
deposit, the claimant is permitted to withdraw the compensation amount
along with proportionate interest and costs, less the amount if any,
already withdrawn. The claimant is directed to pay the necessary court
fee if any on the enhanced award amount. Consequently, the connected
miscellaneous petition is closed. No costs.
28.08.2023
ay
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
https://www.mhc.tn.gov.in/judis
CMA Nos. 1356 & 1411 / 2023
SUNDER MOHAN, J
ay
To
1. The Motor Accident Claims Tribunal / Chief Judicial Magistrate,
Perambalur.
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai.
C.M.A. Nos. 1356 & 1411 of 2023
and
C.M.P. No. 13587 of 2023
Dated: 28.08.2023
https://www.mhc.tn.gov.in/judis
