Madras High Court

Lekha vs The Managing Director on 9 January, 2023

                                                                                C.M.A.No.1132 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 09.01.2023

                                                           CORAM:

                                    THE HON'BLE Mr.JUSTICE A.A.NAKKIRAN

                                                    CMA. No.1132 of 2018

                     Lekha                                                           ... Appellant

                                                           ..vs..

                     The Managing Director,
                     Tamil Nadu State Transport Corporation
                     (Villupuram ) Ltd.
                     No.3/137, Salamedu,
                     Vazhuthareddy Post,
                     Villupuram – 605 401.                                           ... Respondent


                     Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,

                     against       the   judgment    and    decree   dated   06.10.2017    made in

                     MCOP.No.1017 of 2013 on the file of IV Judge, Motor Accident Claims

                     Tribunal, (Court of Small Causes), Chennai.

                                   For Appellant           : Mr. K.Varadha Kamaraj
                                   For Respondent          : Mr.K.J.Sivakumar



                     1/11



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                                                                              C.M.A.No.1132 of 2018



                                                      JUDGMENT

Aggrieved over the quantum of compensation arrived at by the

Tribunal at Rs.5,34,000/- along with interest at the rate of 7.5% per

annum from the date of petition till the date of deposit, the claimant /

appellant is before this Court. Since challenge to the appeal is only on

quantum, this Court deals only with the quantum arrived at by the

tribunal, confirming the negligence aspect.

2. It is the case of the claimant/appellant that on 23.12.2012 at

04.50 hours, while she was travelling in the car bearing Regn.No.TN-05-

B-6941 driven by her and stopped at G.S.T.Salai, Near Santhi Petrol

Bunk Signal, in Pazhavanthangal, Chennai, the driver of the respondent

bus, rode the bus bearing Regn.No.TN-32-N-2847 in a rash and negligent

manner and dashed against the car which is waiting for signal, thereby

the claimant has sustained grievous injuries. Claiming that the

respondent is liable to pay compensation, claim petition came to be filed

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claiming a sum of Rs.20,00,000/- as compensation. It is the further case

of the claimant that she was doing school nurse and earning 6500/-

Dirahms per month.

3. The age, avocation and monthly income given by the

appellant/claimant were disputed by the respondent in total and

contended that the said bus was operated in Town Bus route as route

No.3/A from Vellore to Senganatham and from Vellore to Virinjupuram

within the Vellore District Jurisdiction but not from Kalllakurichi to

Chennai as mentioned in the FIR. He further submitted that the driver of

the bus is not liable to pay any compensation. Hence, he prays to dismiss

the appeal.

4. The Tribunal, based on the oral and documentary evidences, has

awarded a sum of Rs.5,34,000/- as total compensation payable by the

respondent to the claimant under the following heads:








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                                                                               C.M.A.No.1132 of 2018


                                           Heads              Award Amount
                                                                  (Rs.)
                                  Disability                            1,50,000/-
                                  Pain and Suffering                      50,000/-
                                  Extra Nourishment                       10,000/-
                                  Transport to Hospital                   10,000/-
                                  Damages to clothes                       1,000/-
                                  Attender Charges                         2,400/-
                                  Medical Expenses                      2,31,088/-
                                  Future Medical                          50,000/-
                                  Expenses
                                  Loss of Income                           19,500
                                  Loss of Amenities                       10,000/-
                                  Total                             Rs.5,33,988/-

                                        Rounded off to Rs.5,34,000/-


                                  5. Heard both sides.

6. The learned counsel for the Appellant submitted that the nature

of the injuries sustained by the Appellant/claimant has not been disputed

by the respondent as seen from the evidence available on record. He

further submitted that the appellant has sustained fractures in right

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zygoma and maxilla, femoral head, right acetabulum and nasal bone. The

Tribunal has erred in taking the disability at 50%, by taking Rs.3000/- for

1% disability and a sum of Rs.1,50,000/- has been awarded towards

'disability'. The appellant/claimant, aged 38 years at the time of accident

and she was a School Nurse in Abudhabi, U.A.E earning a sum of

Rs.6,500/- Dirahms per month. The Doctor who assessed the disability of

the Appellant has fixed his disability at 70%. However, the Tribunal has

reduced the same and has assessed the disability at 50%. The disability

compensation awarded by the Tribunal as seen from the impugned award

is Rs.1,50,000/- calculated at Rs.3000/- per percentage of disability. The

amount awarded under the head of 'Extra Nourishment' is Rs.10,000/-

which is also meagre. Due to the grievous injuries, suffered by the

appellant, she is in need of more extra nourishment. He further submitted

that the appellant was admitted in Parvathy Hospital for 12 days and she

had taken assistance of attender for which the Tribunal had awarded

Rs.2400/- and the same is too low. Further, it is disputed that the

claimant had taken treatment for quite some time and during that time,

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the claimant had incurred attendant and medical expenses. But the

Tribunal has not awarded adequate sum towards attender charges. The

amount awarded under the head of 'loss of income' is granted only for

three months and the amount awarded under the head 'loss of amenities'

also appears to be meagre. He further submitted that ample evidence and

documents were produced before the Tribunal to prove the age,

avocation and income details of the claimant / appellant and hence the

award of the Tribunal needs significant enhancement.

7. Per Contra, the learned counsel for the respondent / Transport

Corporation submitted that the Tribunal has taken into consideration

each and every aspect and has awarded a sum of Rs.5,34,000/- as total

compensation, which is nothing but 'just'; the Tribunal has observed the

version made in the cross examination of P.W.5 and P.W.6 who are

Doctors wherein he categorically stated that they have not filed any

worksheet and guide lines and in the absence of the same, the Tribunal

cannot take the disability percentages as fixed by PW5 and PW6. The

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disability assessed by the Doctors not assessed to the whole body and

hence the amount awarded under the head 'disability' and other heads are

supported by reasons of the Tribunal. In fine, he submitted that the well

reasoned award of the Tribunal does not require any interference by this

Court.

8. However, considering the nature of the injuries sustained by the

Appellant/claimant, this Court is inclined to fix the disability of the

Appellant/claimant at 70%. Insofar as the assessment of disability

compensation at Rs.3000/- per percentage is concerned, the same is a

correct assessment since the year of the accident is 2012. However, in

view of the modification of the disability from 50% to 70% by this Court,

the disability compensation is enhanced to Rs.2,10,000/- by this Court

instead of Rs.1,50,000/- assessed by the Tribunal. Similarly, the amounts

awarded under the heads of 'Extra Nourishment', 'Attender charges',

'Loss of income' and 'loss of amenities' are also enhanced to Rs.20,000/-,

Rs.5000/-, Rs.40,000/-(5 months x Rs.8000/-) and Rs.25,000/-

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respectively.

9. A perusal of the judgment of the Tribunal would go to show that

it has taken into consideration the documents, viz, Ex.P.6/Discharge

summary; Ex.P7/Medical bills; Ex.P8/Prescription; Ex.P16/X-ray;

Ex.P17/Disability certificate issued by PW5, Ex.P20/Disability

certificate issued by PW6; and has awarded Rs.50,000/- towards Pain and

suffering; Rs.10,000/- towards Transport; Rs.1000/- towards damages to

clothes; Rs.2,31,088/- towards medical expenses and Rs.50000/-

towards Future medical expenses, which in the opinion of this Court, are

based on evidence on record and hence the said sums awarded under

these heads are confirmed as such. Thus, the break-up details of the

modified compensation are as follows:

                                  Heads                                          Amount (Rs.)
                                  Disability   (70x3000)                             2,10,000
                                  Pain and suffering                                  50,000
                                  Extra Nourishment                                   20,000
                                  Transport                                           10,000
                                  Damage to clothes                                    1,000





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                                                                                  C.M.A.No.1132 of 2018

                                  Attender Charges                                      5,000
                                  Medical Expenses                                 2,31,088
                                  Future Medical Expenses                             50,000
                                  Loss of Income                                      40,000
                                  Loss of Amenities of life                            25,000

..................................

Total Rs.6,42,088/-

..................................

10. In the result, the Civil Miscellaneous Appeal filed by the

claimant / appellant is allowed by enhancing the total compensation from

Rs.5,34,000/- to Rs.6,42,088/-, which is payable with interest at the rate

of 7.5% per annum from the date of petition till the date of deposit.

11. The respondent shall deposit the enhanced compensation

amount, as awarded by this Court, 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 Tribunal is directed to transfer the

said sum to the Savings Bank Account of the appellant / claimant,