Madras High Court
K. Selvi vs The Managing Director on 1 December, 2023
C.M.A.No.2624 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
C.M.A.No.2624 of 2021
K. Selvi ... Appellant / petitioner
Vs.
1. The Managing Director,
Metropolitan Transport Corporation,
[Chennai Division] Ltd.,
Chennai – 600 002. ... Respondents/Respondents
Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Award and Decree dated 13.12.2018,
made in M.C.O.P.No.2568 of 2015, on the file of the Motor Accidents
Claims Tribunal, Principal Special Judge, Special Court, under EC & NDPS
Act, Chennai.
For Appellant : Mr. N. M. Muthurajan
For Respondent : Mr. A. Vinothraj
1/11
https://www.mhc.tn.gov.in/judis
C.M.A.No.2624 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the claimant
seeking for enhancement of compensation awarded in M.C.O.P.No.2568 of
2015, dated 13.12.2018, on the file of the Motor Accidents Claims Tribunal,
Principal Special Judge, Special Court under E.C & NDPS Act, Chennai.
2. The parties are referred to hereunder according to their
litigative status and ranking before the Tribunal.
3. The case of the claimant is that on 05.02.2015 at about 16.30
hours, she was travelled in a Metropolitan Transport Corporation bus
bearing Registration No.TN 01 N 9223 running through the Teynampet
Anna Arivalayam, while the bus reached near Anna Arivalayam, the driver
of the bus has applied sudden brake in negligent manner, which resulted in
causing severe injuries to the passengers including the petitioner. Due to
which, she has sustained humerous fracture on the right Upper Arm and
injury on the right wrist. After treatment, she has come forward with the
claim petition seeking compensation for a sum of Rs.12,00,000/-.
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4. The respondent - Transport Corporation has contested the
claim on the ground that the compensation claimed based on the injury and
disability sustained by the claimant is on the higher side and also stated that
she has suddenly stretched out her hand from running bus, which resulted in
causing injury to her.
5. The Tribunal, after considering the evidences placed on reord
has held that the driver of the bus has suddenly stopped the bus, which
resulted in causing injury to the claimant and that the Transport Corporation
is liable to pay the compensation and also the Tribunal has quantified the
compensation and awarded a sum of Rs.1,58,300/- along with interest at the
rate of 7.5% per annum from the date of claim petition till the date of
realisation.
6. Aggrieved over the quantum of compensation awarded, the
claimant has approached this Court seeking enhancement of compensation.
The respondent - Transport Corporation has not filed any appeal for
challenging the same.
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7. Mr. N. M. Muthurajan, learned counsel for the claimant has
submitted that the Tribunal has not properly appreciated the disability
sustained by the claimant while awarding compensation since she is a lady
and sustained fracture on right hand and wrist, she has drastically disabled
from doing her day-to-day activities and this fact has not been properly
considered by the Tribunal and just compensation has not been awarded.
Hence prays to enhance the compensation.
8. Per Contra, Mr. A. Vinothraj, learned counsel for the
Transport Corporation has submitted that based on the evidences adduced,
the Tribunal has awarded compensation under various heads is on the higher
side and the same is not required any enhancement and prays to confirm the
award.
9. I have considered the rival submissions made on both sides
and also perused the records.
10. While awarding compensation for disability, the Tribunal
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based on the opinion of the Doctors, who assessed the disability has held
that the disability fixed by the Doctor - P.W.2 is on the higher side and
limited the disability to the extent of 25% and awarded a sum of Rs.3,000/-
per percentage of injury.
11. On perusal of the reasons given by the Tribunal, it shows
that the petitioner had sustained one fracture on the shaft of right humerous
and surgery also conducted and implants were also fixed during the time of
surgery. Considering the nature of injury and the fact that subsequently, it
has been united and based on the evidence recorded from P.W.1 and P.W.2
the Tribunal has limited the disability into 25% and the reasons stated by the
Tribunal for limiting the disability is acceptable. However, the Tribunal has
awarded Rs.3,000/- per percentage of injury by considering the injury as
non-functional disability and this Court accepts the said finding that the
disability sustained by the claimant is a non-functional disability.
12. This Court is also consistently followed the Judgment of the
Chinnatambi vs. Deepa and Others [2020 (1) TN MAC 617] case, and
awarding compensation of Rs.4,000/- per percentage for the injuries
sustained for the accident occurred from the year 2015 onwards.
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Accordingly, the compensation awarded under the head permanent disability
is enhanced to Rs.4,000/- per pecentage of injury i.e., an amount of
Rs.1,00,000/- [4000 x 25] is awarded under the head disability. The
Tribunal has also awarded a sum of Rs.3,000/- for the head Extra
Nourishment and this Court is of the view the same is on the lower side and
the same requires enhancement. Accordingly this Court is inclined to
enhance a sum of Rs.10,000/- for the head Extra Nourishment.
13. The Tribunal after considering the other aspects awarded
compensation under the head future medical expenses, attender charges, loss
of amenities and pain and sufferings and this Court is of the view the
compensation awarded under those heads are just and reasonable and the
same requires no further enhancement hence the same is hereby confirmed.
For the head Loss of income during treatment period, the Tribunal has
awarded a sum of Rs.20,000/- and considering the fact that since the
petitioner is being a lady and sustained injury i.e., fracture on her hand more
particularly, on humerous as well as wrist the loss of earnings to be
enhanced to Rs.30,000/-. As far as the compensation awarded under other
heads are concerned, the same is reasonable and the same is hereby
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confirmed.
14. Thus, the compensation awarded by the Tribunal under
various heads are hereby modified as follows:
S. Description Amount Amount Enhanced/
No awarded by awarded by this Reduced /
Tribunal Court (Rs) Granted /
(Rs) Confirmed
1. Loss of earnings Rs.20,000/- Rs.30,000/- Enhanced
2. Transport to Hospital Rs.3,000/- Rs.3,000/- Confirmed
3. Extra Nourishment Rs.3,000/- Rs.10,000/- Enhanced
4. Damages to clothes and Rs.2,000/- Rs.2,000/- Confirmed
articles
5. Medical Expenses Rs.300/- Rs.300/- Confirmed
6. Future Medical Expenses Rs.10,000/- Rs.10,000/- Awarded
7. Compensation for Rs.10,000/- Rs.10,000/- Awarded
attendants
8 Loss of amenities Rs.10,000/- Rs.10,000/- Confirmed
9 Pain & Sufferings Rs.25,000/- Rs.25,000/- Confirmed
Compensation for Rs.75,000/- Rs.1,00,000/- Enhanced
continuing or permanent
10 disability
Total Rs.1,58,300/- Rs.2,00,300/- Enhanced by
Rs.42,000/-
15. In the result, this Civil Miscellaneous Appeal is partly
allowed and the compensation awarded by the Tribunal is at Rs.1,58,300/-
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is hereby enhanced to Rs.2,00,300/- [Rupees Two Lakhs and Three
Hundred only] together with interest at the rate of 7.5% per annum from the
date of filing of Claim Petition till the date of deposit. The respondent –
Transportation 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 weeks from the date of
receipt of a copy of this judgment to the credit of M.C.O.P.No.2568 of 2015,
on the file of the Motor Accidents Claims Tribunal, Special Judge, Special
Court under E.C & NDPS Act, Chennai. On such deposit, the claimant is
permitted to withdraw the award amount, now determined by this Court,
along with proportionate interest and costs, less the amount, if any, already
withdrawn. The Tribunal shall disburse the amount by directly giving credit
to the Savings Bank Account of the claimant. Since this Court has enhanced
the compensation, the appellant/claimant is directed to pay necessary Court
fee, if any, on the enhanced compensation. In other aspects, the award of the
Tribunal shall stand confirmed. It is made clear that the appellant/claimant is
not entitled to claim any interest for the delay period as per the Order of this
Court dated 27.08.2021 made in C.M.P.No.9497 of 2021 in
C.M.A.SR.No.52483 of 2021. There shall be no order as to costs in the
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present appeal.
01.12.2023
ssi
Index : Yes / No
Speaking Order: Yes / No
Neutral Citation Case : Yes/No
To
1.The Principal Special Judge, Special Court
under EC & NDPS Acct,
Motor Accidents Claims Tribunal,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis
K.RAJASEKAR,J.,
ssi
https://www.mhc.tn.gov.in/judis
01.12.2023
https://www.mhc.tn.gov.in/judis
