Madras High Court
Vignesh vs The Managing Director on 12 July, 2023
CMA No. 1436 / 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 1436 of 2023
Vignesh ... Appellant
Versus
The Managing Director,
Metropolitan Transport Corporation (Ltd.),
Pallavan House, Chennai – 600 002. ...
Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and decree dated
19.11.2018 M.A.C.T.O.P. No. 6446 of 2014 on the file of the Principal
Special Judge, Special Court under E.C. & NDPS Act, (Motor Accident
Claims Tribunal as per G.O.(M.S.)No.716, Home (tr.IV) Dept.dt 07-06-
2016), Chennai.
For Appellant : Mr. K. Ayyadurai.
For Respondents : Mr. M. Murali Vinodh.
JUDGMENT
The petitioner has preferred the above appeal praying for
enhancement of compensation awarded by the Tribunal in M.C.O.P.
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CMA No. 1436 / 2023
No.6446 of 2014 dated 19.11.2018.
2.The petitioner who was a minor at the time of accident filed a
claim petition through his next friend and guardian stating that on
08.09.2014 at about 17.20 hours, the driver of the bus belonging to the
respondent drove the bus bearing Registration No. TN-01-N-4341 in a
rash and negligent manner as a result of which the petitioner thrown out
of the bus and suffered injuries and that he was entitled to compensation.
3.The respondent filed a counter stating that for the alleged
accident that took place on 08.09.2014, the complaint was filed on
11.09.2014 and the accident itself cannot be believed. The respondent
further submitted that in any case the compensation claimed is excessive.
4.The petitioner examined two witnesses on his side and marked
Ex.P.1 to Ex.P.7. The respondent examined one witness on his side and
marked Ex.R.1.
5.The learned counsel for the appellant submitted that the
compensation awarded by the Tribunal under most of the heads is
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CMA No. 1436 / 2023
meagre. Admittedly, the appellant suffered 40% disability as per the
disability certificate which has been marked as Ex.P.7 and the evidence
of the doctor, PW2. Under such circumstances, the Tribunal on its own
reduced the percentage of disability to 25% without any basis. Further,
the Tribunal fixed Rs.3000/- per percentage of disability for the accident
which took place in the year 2014. This Court in M.Chinnathambi Vs.
S.Deepa and another reported in 2020 (1) TN MAC 617 had held that
Rs.4000/- can be fixed per percentage of disability for the accident in the
year 2014. The learned counsel further submitted that the compensation
under the head pain and sufferings is meagre. The Tribunal had not
considered the loss of amenities and the Tribunal has also awarded a
meagre compensation of Rs.3000/- towards transport to hospital and
extra nourishment. The Tribunal had not awarded compensation under
the head Attendant charges as the petitioner was then a minor and
required a attendant.
6.The learned counsel for the respondent per contra submitted that
the award of the Tribunal cannot be faulted with and the Tribunal had
rightly awarded a just compensation.
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CMA No. 1436 / 2023
7.This Court on perusal of the award passed by the Tribunal finds
that the Tribunal had taken into consideration the evidence of PW1 and
other documents and held that the accident had taken place due to the
rash and negligent driving of the driver of the bus belonging to the
respondent. The respondent had not challenged the said finding. The
question is whether the Tribunal had awarded just compensation. This
Court finds that the disability certificate issued by PW2 shows that the
disability was 40%. However the Tribunal reduced the disability to 25%
in the absence of any evidence to the contrary. The said approach is
without any basis. This Court therefore accepts the evidence of PW2 and
disability certificate issued by him which has not been refuted by the
respondent. Further, this Court finds that for the accident of the year
2014, this Court fixed Rs.4000/- per percentage of disability in Chinna
Thambi's case (cited supra) and the same can be adopted. The
compensation awarded under the head permanent disability is enhanced
from Rs.75,000/- to Rs.1,60,000/-. (Rs.4,000/- X 40%). Further this
Court finds that the compensation awarded under the head transport to
hospital and extra nourishment is meagre and the same are enhanced to
Rs.5,000/- each. The appellant was admittedly a minor at the time of
accident. Hence, he was entitled to attendant charges of Rs.5000/-.
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CMA No. 1436 / 2023
Considering the nature of injuries, period of hospitalization and the age
of the appellant, this Court is of the view that compensation under the
head pain and sufferings can be enhanced to Rs.30,000/-. Further, the
appellant has suffered a fracture in the leg and considering his age, he is
entitled to loss of amenities of Rs.20,000/- which was not awarded by the
Tribunal. The amount of Rs.1000/- awarded under the head damage to
clothing and articles is confirmed. Thus, the compensation awarded by
the Tribunal is modified as follows:
S. No Description Amount Amount Award
awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Transport to 3000 5000 Enhanced
Hospital
2. Extra 3000 5000 Enhanced
nourishment
3. Damages to 1000 1000 Confirmed
clothing and
articles
4. Pain and 20,000 30,000 Enhanced
sufferings
5. Permanent 75,000 1,60,000 Enhanced
Disability
6. Attendant --- 5000 Granted
Charges
7. Loss of --- 20,000 Granted
Amenities
Total 1,02,000 2,26,000 Enhanced by
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CMA No. 1436 / 2023
Rs.1,24,000/-
8. With the above modification, this Civil Miscellaneous Appeal is
partly allowed and the compensation awarded by the Tribunal at
Rs.1,02,000/- is hereby enhanced to Rs.2,26,000/- together with interest
at 7.5% per annum, excluding the default period of 1350 days from the
date of petition till the date of deposit. The respondent is directed to
deposit the enhanced 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 appellant is permitted to withdraw the
award amount along with proportionate interest and costs, less the
amount if any, already withdrawn. The appellant is directed to pay the
necessary Court Fee if any on the enhanced award amount. No costs.
12.07.2023
ay
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To
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CMA No. 1436 / 2023
The Principal Special Judge,
Special Court under E.C. & NDPS Act,
(Motor Accident Claims Tribunal
as per G.O.(M.S.)No.716, Home (tr.IV)
Dept.dt 07-06-2016),
Chennai.
https://www.mhc.tn.gov.in/judis
CMA No. 1436 / 2023
SUNDER MOHAN, J
ay
C.M.A. No. 1436 of 2023
Dated: 12.07.2023
https://www.mhc.tn.gov.in/judis
