Madras High Court

Jeyanthi vs The Managing Director on 1 December, 2023

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                     C.M.A.Nos.1718 & 1720 of 2020

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                               DATED: 01.12.2023
                                                   CORAM
                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI
                                          C.M.A.Nos.1718 & 1720 of 2020

                   Jeyanthi                                       ... Appellant
                                                             in C.M.A.No.1718 of 2020

                   G.Balamurugan                                  ... Appellant
                                                             in C.M.A.No.1720 of 2020

                                                       Vs

                   The Managing Director,
                   TamilNadu State Transport Corporation Limited,
                   Railway Station New Road,
                   Kumbakonam                           ... Respondent in both the Appeals



                   Prayer in C.M.A.No.1718 of 2020: Civil Miscellaneous Appeal filed under

                   Section 173 of Motor Vehicles Act, 1988, as against the Judgment and Decree

                   dated 19.07.2019 made in M.A.C.T.O.P.No.88 of 2017 on the file of the Motor

                   Accident Claims Tribunal, IV Court of Small Causes, Chennai.




                   Page No.1 of 10




https://www.mhc.tn.gov.in/judis
                                                                            C.M.A.Nos.1718 & 1720 of 2020

                   Prayer in C.M.A.No.1720 of 2020: Civil Miscellaneous Appeal filed under

                   Section 173 of Motor Vehicles Act, 1988, as against the Judgment and Decree

                   dated 19.07.2019 made in M.A.C.T.O.P.No.7799 of 2016 on the file of the

                   Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai.


                                      For Appellants
                                      in both the Appeals      ... M/s.A.Subadra

                                      For Respondents
                                      both the Appeals               ... Mr.Murali Vinoth

                                                            JUDGMENT

Assailing the impugned award passed by the Motor Accident Claims

Tribunal Cum IV Court of Small Causes, Chennai in M.C.O.P.No.Nos.7799 of

2016 & 88 of 2017, the present appeals have been filed by the

claimants/appellants seeking enhancement of compensation.

2. On 20.01.2016, the claimants were travelling as passengers in a bus

bearing Reg.No.TN-68-N-0644 which was proceeding from Chennai to

Kumbakonam and the said bus was driven by its driver in a rash and negligent

manner and dashed against the lorry bearing Regn. No.TN-23-AD-1926 which

https://www.mhc.tn.gov.in/judis C.M.A.Nos.1718 & 1720 of 2020

came in the opposite direction due to which, the claimants suffered grievous

injuries. Aggrieved by which, the claimants have filed claim petitions claiming

compensation for the injuries sustained by them, wherein, the Tribunal has

awarded a sum of Rs.50,800/- to the claimant in M.C.O.P.No.7799 of 2016

and a sum of Rs.48,800/- as compensation to the claimant in M.C.O.P.No.88

of 2017.

3. Before the Tribunal, the claimants examined themselves as P.W.1

and P.W.2 and marked Ex.P.1 to Ex.P.13. No documents were marked on the

side of the respondents however, the driver of the bus was examined as R.W.1.

After considering all the oral and documentary evidence, the Tribunal had

awarded the compensation amount of Rs.50,800/- & Rs.48,800/- to the

respective claimants. Aggrieved by the lower quantum of compensation

awarded by the Tribunal, the appellants/claimants are before this Court seeking

enhancement of compensation.

https://www.mhc.tn.gov.in/judis C.M.A.Nos.1718 & 1720 of 2020

4. Learned counsel appearing for the claimants submitted that when the

Tribunal has accepted that the lorry was driven in a rash and negligent manner

which was the cause for the accident and when the doctor, P.W.3, had clearly

deposed about the injuries suffered by the claimants, the compensation

awarded by the Tribunal is grossly inadequate. When P.W.3 has clearly

deposed about the disability suffered by the claimants, the amount of

Rs.3,000/- per percentage of disability awarded by the Tribunal is wholly

inadequate. Further, the amount awarded under the other heads is also

minimal. Hence he prays for enhancement of the compensation awarded by the

Tribunal under various heads.

5. Per contra, learned counsel appearing for the 3rd respondent/insurance

company submitted that the amount of Rs.3000/- awarded per percentage of

disability is reasonable and so also the compensation awarded under the other

heads, which does not require any enhancement. Accordingly, he prays for

dismissal of the appeals.

https://www.mhc.tn.gov.in/judis C.M.A.Nos.1718 & 1720 of 2020

6. This Court gave its careful consideration to the submissions advanced

by the learned counsel appearing on either side and perused the materials

available on record.

7. The factum of the accident is not disputed by the parties and so also

the liability. Therefore, this Court is not entering into the said aspect. The only

grievance of the claimant is with regard to the quantum of compensation

awarded. In this regard, the crucial evidence is that of P.W.3, the doctor, who

has deposed that the disability sufferred by the respective claimants. The

Tribunal, by adopting Rs.3000/- per percentage of disability has awarded a

sum of Rs.30,000/- to the respective claimants by fixing the disability at 10%.

In this regard, this Court had perused the disability certificates issued by the

P.W.3 viz., Ex.P.10 & Ex.P.12 and the same reveals that the claimants in

M.C.O.P.No.7799 of 2016 and M.C.O.P.No.88 of 2017 have suffered

disability of 35%. However, in view of the nature of injuries suffered by the

claimants, this Court is of the view that fixing disability at 20% in respect of

the claimant in M.C.O.P.No.7799 of 2016 and 15% in respect of the claimant

https://www.mhc.tn.gov.in/judis C.M.A.Nos.1718 & 1720 of 2020

in M.C.O.P.No.88 of 2017 would be just and reasonable. It is further seen

from the disability certificates issued by P.W.3 that the Tribunal, had

erroneously adopted a sum of Rs.3,000/- per percentage of disability and

awarded a sum of Rs.30,000/-. However, as per the existing law at the relevant

point of time, the Tribunal ought to have fixed a sum of Rs.5,000/- per

percentage of disability. Hence, this Court is inclined to fix a sum of Rs.5,000/-

per percentage of disability. Therefore, the amount under the head of disability

stands enhanced to a sum of Rs.1,00,000/- (20 x Rs.5,000/- = Rs.1,00,000/-)

in M.C.O.P.No.7799 of 2016. Insofar as M.C.O.P.No.88 of 2017, the amount

towards disability stands enhanced to a sum of Rs.75,000/- (15 x Rs.5000/-

=Rs.75,000/-).

8. Further this Court finds that the compensation awarded under various

heads are just and reasonable and does not require any interference. However,

insofar as the compensation awarded towards pain and suffering is concerned,

a sum of Rs.25,000/- would be just and reasonable and to that extent the

compensation awarded under the said head is modified.

https://www.mhc.tn.gov.in/judis C.M.A.Nos.1718 & 1720 of 2020

9. In the above circumstances, the compensation awarded by the

Tribunal in M.C.O.P.No.7799 of 2016 under the below mentioned heads are

modified as under :-

Head of Compensation Amount Amount awarded awarded by by this Court Tribunal Disability Rs.30,000/- 20% x Rs.5000/-

Rs = 1,00,000/-

                                   Loss of Income        Rs.8,000/-      Rs.8,000/-
                                 Pain and suffering      Rs.5,000/-      Rs.25,000/-
                                  Transportation to      Rs.2,000/-      Rs.2,000/-
                                      Hospital
                              Additional Nourishment     Rs.3,000/-      Rs.3,000/-
                              Damages to clothes         Rs.1,000/-      Rs.1,000/-
                              Attender Charges           Rs.1,800/-      Rs.1,800/-
                              TOTAL                      Rs.50,800/-    Rs.1,40,800/-

10. Insofar as M.C.O.P.No.88 of 2017 is concerned, the compensation

awarded by the Tribunal under the below mentioned heads are modified as

under :-

https://www.mhc.tn.gov.in/judis C.M.A.Nos.1718 & 1720 of 2020

Head of Compensation Amount Amount awarded awarded by by this Court Tribunal Disability Rs.30,000/- 15% x Rs.5000/-

Rs = 75,000/-

                                   Loss of Income            Rs.6,000/-         Rs.6,000/-
                                 Pain and suffering          Rs.5,000/-         Rs.25,000/-
                                  Transportation to          Rs.2,000/-         Rs.2,000/-
                                      Hospital
                              Additional Nourishment        Rs.3,000/-          Rs.3,000/-
                              Damages to clothes            Rs.1,000/-          Rs.1,000/-
                              Attender Charges              Rs.1,800/-          Rs,1,800/-
                              TOTAL                         Rs.48,800/-        Rs.1,13,800/-

11. Accordingly, the appeals are partly allowed and the impugned

Award of the Tribunal insofar as M.C.O.P.No.7799 of 2016 is modified by

enhancing the compensation amount from Rs.50,800/- to Rs.1,40,800/-.

Insofar M.C.O.P.No.88 of 2017, the compensation amount stands enhanced

from Rs.48,800/- to Rs.1,13,800/-. The third respondent-Insurance

Company is directed to deposit the respective amounts to the credit of

M.C.O.P.No.7799 of 2016 & M.C.O.P.No.88 of 2017 along with interest at

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

deposit and costs as awarded by the Tribunal, less, the amount, if any already

https://www.mhc.tn.gov.in/judis C.M.A.Nos.1718 & 1720 of 2020

deposited, within a period of four (4) weeks from the date of receipt of a copy

of this judgment. On such deposit being made, the appellants/claimants are

permitted to withdraw the enhanced award amount, along with interest and

costs. The appellants/claimants are directed to pay the necessary Court fee for

the enhanced compensation amount. The Tribunal below shall disburse the