Madras High Court

The Managing Director vs C.Ramadoss on 11 July, 2023

                                                                                   C.M.A.No.4442 of 2019


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 11.07.2023

                                                        CORAM

                                  THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

                                               C.M.A.No.4442 of 2019
                                                         and
                                                Cros.Obj.No.9 of 2021
                                                         and
                                               C.M.P.No.25179 of 2019

                  C.M.A.No.4442 of 2019:

                  The Managing Director,
                  Tamil Nadu State Transport Corporation Limited,
                  Villupuram at Kanchipuram 631 502.
                                                                                      ...Appellant
                                                         Vs

                  C.Ramadoss
                                                                                   ... Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment dated 12.01.2018 made in M.C.O.P.No.231 of 2015 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.

                                        For Appellant    : Mr.S.S.Santhosh Kumar
                                        For Respondents : Ms.A.Subadra




https://www.mhc.tn.gov.in/judis
                                                                                  C.M.A.No.4442 of 2019


                  Cros.Obj.No.9 of 2021:

                  C.Ramadoss
                                                                                     ...Appellant
                                                         Vs

                  The Managing Director,

Tamil Nadu State Transport Corporation Limited, Villupuram at Kanchipuram 631 502.

... Respondent

Prayer: Cross Objection filed under Order 41 Rule 22 of the Code of Civil Procedure, 1908, to enhance the judgment and decree of the claims Tribunal in its award dated 12.01.2018 and made in MCOP.No.231 of 2015 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.

For Cross Objector: Ms.A.Subadra For Respondents : Mr.S.S.Santhosh Kumar

COMMON JUDGMENT

The Civil Miscellaneous Appeal is filed to set aside the decree and

judgment dated 12.01.2018 made in M.C.O.P.No.231 of 2015 on the file of the

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

https://www.mhc.tn.gov.in/judis C.M.A.No.4442 of 2019

2. The Cross Objection was filed to enhance the judgment and decree of

the claims Tribunal in its award dated 12.01.2018 and made in MCOP.No.231

of 2015 on the file of the Motor Accident Claims Tribunal, III Court of Small

Causes, Chennai.

3. The learned counsel for the insurance company would submit that he is

merely questioning about the compensation awarded towards the medical

expenses. He would further submit that the claimant was hospitalised for 20

days. With regard to the same, the medical bills were produced before the

Tribunal to an extent of Rs.5,32,526/- and the Tribunal had awarded the

compensation towards medical bills to an extent of Rs.5,22,190/-. He would

further submit that since the injured was hospitalised only for 20 days, the

medical expenses claimed is on the higher side. Thereafter, he had also

questioned with regard to the amount awarded towards the loss of income for a

sum of Rs.19,500/-.

4. The learned counsel appearing for the cross objector would submit that

https://www.mhc.tn.gov.in/judis C.M.A.No.4442 of 2019

the disability was assessed at 40% by the Doctor, who had examined the

injured. However, the Tribunal had taken only 30% of disability into

consideration and awarded a sum of Rs.3,000/- per percentage. She would

further submit that the accident was occurred on 04.01.2018 and the injured was

aged 60 years at the time of accident. Hence, the Tribunal ought to have

considered and awarded higher amount towards compensation for disability.

Further, she would fairly submit that as far as the medical expenses is

concerned, all the documentary evidences were produced before the Tribunal

and the same were marked as Ex.P5 and Ex.P6 and nothing has been culled out

by the insurance company. Therefore, she would contend that there is no

justification in the submission made by the learned counsel for the insurance

company that the medical expenses is on the higher side and she prayed this

Court to fix a fair compensation.

5. Heard the learned counsel appearing for the insurance company as well

as cross objector and also perused the materials available on record.

6. As far as the medical expenses is concerned, this Court had gone

https://www.mhc.tn.gov.in/judis C.M.A.No.4442 of 2019

through the documents, which were relevant to medical expenses. That apart,

those medical bills were marked through PW1 and in the course of Trial

proceedings, the insurance company was given opportunity to examine the said

PW1. However, nothing has been culled out by the insurance company about

the veracity of the documents with regard to the medical bills, which were

produced before this Court. Under these circumstance, this Court is not inclined

to accept the contentions of the learned counsel for the insurance company with

regard to the medical bills filed before the Tribunal.

7. As far as the loss of income of Rs.19,500/- awarded by the Tribunal is

concerned, the claimant is aged 60 years and he was hospitalised for nearly 20

days to treat the injuries, which shows that due to disability, he may unable to

work for a period of 4 months and hence, this Court feels that the loss of income

awarded by the Tribunal is on lower side. Further, this Court is inclined to

award the compensation of a sum of Rs.30,000/- as loss of income.

8. As far as the compensation with regard to the disability is concerned,

the Tribunal had awarded a sum of Rs.90,000/- by taking 30% of disability into

consideration. However, the disability assessed by Doctor is at 40%. Hence, this

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Court feels that when the Tribunal had decided to award the compensation

based on the percentage of disability, it ought to have taken the entire

percentage. Therefore, this Court is inclined to take 40% of disability into

consideration and award a sum of Rs.3,000/- per percentage, which would come

around Rs.1,20,000/-.

9. Accordingly, the compensation awarded by the Tribunal is revised as

follows:

                          S.No                 Heads              Compensation       Compensation
                                                                   awarded by        awarded by this
                                                                  Tribunal (Rs.)       Court (Rs.)
                        1         Disability                                90,000           1,20,000
                        2         Pain and Suffering                        50,000             50,000
                        3         Extra nourishment                         10,000             10,000
                        4         Transport to Hospital                      5,000              5,000
                        5         Damages to Clothes                         1,000              1,000
                        6         Attender Charges                           5,200              5,200
                        7         Medical expenses                        5,22,194           5,22,194
                        8         Future Medical Expenses                   10,000             10,000
                        9         Loss of Income                            19,500             30,000
                        10        Loss of Amenities                          5,000              5,000
                                                          Total           7,17,894           7,58,394

10. The modified amount of a sum of Rs.7,58,394/- is rounded off to

Rs.7,58,400/-. Accordingly, the award amount stands enhanced from a sum of

Rs.7,17,894/- to 7,58,400/-. With regard to all the other aspects, the award

https://www.mhc.tn.gov.in/judis C.M.A.No.4442 of 2019

passed by the Tribunal stands confirmed.

11. In the result, the Civil Miscellaneous Appeal is dismissed and the

Cross Objection is Partly Allowed and insurance company is directed to deposit

a sum of Rs.7,58,400/- along with interest and costs, less the amount already

deposited, if any, within a period of four weeks from the date of receipt of a

copy of this judgment, to the credit of MCOP.No.231 of 2015 on the file of the

Court of Small Causes, Chennai. The Tribunal is directed to transfer the entire

amount to the claimant by way of RTGS, within a period of three weeks from