Madras High Court
A.Nagalingam Konar (Died) vs Tamil Nadu State Transport on 8 June, 2023
C.M.A.Nos.2315, 2316 & 888 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
C.M.A.Nos.2315, 2316 & 888 of 2016
C.M.A.No.2315 of 2016:
1.A.Nagalingam Konar (Died)
2.N.Sivanthiyammal
3.N.Gothandaraman
4.G.Bakkiyalakshmi
5.G.Meenachi
6.N.Nanthagopal ... Appellants
[Sole appellant died. Appellants 2 to
6 brought on record as LRs of the
deceased sole appellant vide Court
order dated 06.04.2023 made in
C.M.P.Nos.1411, 1428 & 1597 of
2019 in C.M.A.No.2315 of 2016]
Vs.
Tamil Nadu State Transport
Corporation Ltd.,
Rep. by its Managing Director,
Kumbakonam. ... Respondent
Prayer in C.M.A.No.2315 of 2016: Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against Judgment and Decree dated 10.12.2014 made in
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C.M.A.Nos.2315, 2316 & 888 of 2016
MACT O.P.No.3597 of 2013 on the file of the IV Judge, Motor Accident Claim
Tribunal, (Court of Small Causes), Chennai.
C.M.A.No.2316 of 2016:
N.Nandagopal ... Appellant
Vs.
Tamil Nadu State Transport
Corporation Ltd.,
Rep. by its Managing Director,
Kumbakonam. ... Respondent
Prayer in C.M.A.No.2316 of 2016: Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against Judgment and Decree dated 10.12.2014 made in
MACT O.P.No.3598 of 2013 on the file of the IV Judge, Motor Accident Claim
Tribunal, (Court of Small Causes), Chennai.
C.M.A.No.888 of 2016:
Tamil Nadu State Transport
Corporation Ltd.,
Rep. by its Managing director,
Kumbakonam. ... Appellant
Vs.
1.A.Nagalingam Konar (Died)
2.N.Sivanthiyammal
3.N.Gothandaraman
4.G.Bakkiyalakshmi
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C.M.A.Nos.2315, 2316 & 888 of 2016
5.G.Meenachi
6.N.Nanthagopal ... Respondents
[Sole appellant died. Appellants 2 to 6
brought on record as LRs of the
deceased sole appellant vide Court
order dated 06.04.2023 made in
C.M.P.Nos.1599, 1601 & 1605 of 2019
in C.M.A.No.888 of 2016]
Prayer in C.M.A.No.888 of 2016: Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against Judgment and Decree dated 10.12.2014 made in
MACT O.P.No.3597 of 2013 on the file of the IV Judge, Motor Accident Claim
Tribunal, (Court of Small Causes), Chennai.
(In C.M.A.Nos.2315 & 2316 of 2016)
For Appellants : Mr.M.Swamikannu
For Respondent : Mr.D.Venkatachalam
Standing Counsel
(In C.M.A.No.888 of 2016)
For Appellant : Mr.D.Venkatachalam
Standing Counsel
For Respondents
For R2 to R6 : Mr.M.Swamikannu
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C.M.A.Nos.2315, 2316 & 888 of 2016
COMMON JUDGMENT
These Civil Miscellaneous Appeals have been filed against the award
passed by the IV Judge, Motor Accidents Claims Tribunal (Court of Small
Causes), Chennai, in M.C.O.P.Nos.3597, 3598 and 3597 of 2013 dated
10.12.2014.
2. C.M.A.Nos.2315 & 2316 of 2016 have been filed by the claim
petitioners seeking enhancement of compensation awarded by the Tribunal and
C.M.A.No.888 of 2016 has been filed by the Tamil Nadu State Transport
Corporation, seeking dismissal of the award passed by the Tribunal.
3. The factum of the accident, manner of the accident, rash and negligent
driving on the part of the driver of the Respondent's vehicle are not in dispute
in this Appeal. Accordingly, the finding rendered by the Tribunal in this regard
are herein confirmed.
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C.M.A.Nos.2315, 2316 & 888 of 2016
4. Brief facts of the case:
On 31.01.2013 at about 13.00 hours, while the petitioner Nandagopal in
M.C.O.P.No.3598 of 2013 was riding the motor cycle bearing Registration
No.TDZ-3989 along with his father Nagalingam Konar, petitioner in
M.C.O.P.No.3597 of 2013 as pillion rider in Thuvrankurchi – Senthurai main
road from east to west direction on the left turn side of the road. While
proceeding near Vannanparai Kuttu, the bus bearing Registration No. TN-21-
N-1155 belonging to the Transport Corporation has come from opposite
direction, in a rash and negligent manner and came to the extreme wrong side
of the road and dashed against the petitioner's vehicle, due to which the
petitioners sustained multifarious fractures. Hence, the claim petitioner in
C.M.A.No.2315 of 2016 filed petition before the Tribunal claiming a sum of
Rs.3,00,000/- and the claim petitioner in C.M.A.No.2316 of 2016 filed petition
claiming Rs.24,00,000/- from the respondent corporation together with interests
and costs for the injuries caused in the said road accident.
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C.M.A.Nos.2315, 2316 & 888 of 2016
5. Before the Tribunal, on behalf of the claimants P.W.1 to P.W.3 were
examined and Exs.P1 to P10 were marked and on behalf of the respondent
R.W.1 was examined and no document was marked.
6. On appreciation of materials before it, the Tribunal has awarded
compensation as follows:
Sl.Nos Heads Compensation
.
1. Disability Rs.1,80,000/-
2. Transport to Hospital Rs.50,000/-
3. Extra Nourishment Rs1,00,000/-
4. Pain and Suffering Rs.1,00,000/-
5. Damages to Cloths Rs.3,000/-
6. Medical Expenses Rs.1,07,357/-
7. Attender Charges Rs.40,000/-
8. Loss of income Rs.90,000/- (7500x12)
9. Loss of Amenities Rs.40,000/-
Total Rs.7,10,357/- / Rs.7,10,400/-
(rounded off)
Accordingly, the Tribunal awarded a sum of Rs.7,10,400/- for the
petitioner in M.C.O.P.No.3597 of 2013 and Rs.31,200/- for the petitioner in
M.C.O.P.No.3598 of 2013 and the said sums are directed to be paid by the
respondent along with interest at 7.5% per annum from the date of petition till
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C.M.A.Nos.2315, 2316 & 888 of 2016
the date of realization with costs.
7. Learned counsel for the appellants/claimants in both the appeals
submitted that the Tribunal has wrongly considered the monthly income of the
deceased at Rs.7,500 even though it is the categoric evidence that he earned
around Rs.20,000/- per month and thus erred in awarding only a sum of
Rs.90,000/- (Rs.7500x12) towards loss of income during the treatment period
as against the claim of Rs.3,00,000/-. The Tribunal erred in awarding
Rs.1,07,357/- towards medical expenses as against the claim of Rs.2,50,000/-.
The Tribunal erred in awarding only a sum of Rs.40,000/- towards attender
charges without taking into account that he was completely immobilized for
more than a year for which a claim is made for a sum of Rs.1,00,000/-. The
Tribunal has awarded Rs.40,000/- towards loss of amenities, Rs.1,00,000/-
towards pain and suffering and Rs.1,80,000/- towards permanent disability as
the claim made for Rs.2,50,000/-. In any event, the Tribunal has erred in
awarding only a sum of Rs.7,10,400/- as against the claim of Rs.24,00,000/-.
Hence, he prays for enhancement of compensation.
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C.M.A.Nos.2315, 2316 & 888 of 2016
8. The learned counsel for the respondent in both the appeals, on the
other hand, submits that the order of the Tribunal is fair and justified and it
does not require interference by this Court.
9. Heard the learned counsel appearing for the parties in all the appeals
and perused the records.
10. The Tribunal has fixed Rs.7,500/- as notional income of the
petitioner in M.C.O.P.No.3597 of 2013, since the petitioner is an agriculturist
and also doing wholesale business in flowers and vegetables in Chennai and
other major cities, and hence, this Court is inclined to enhance the notional
income of the deceased to Rs.10,000/- (Rs.10,000x12=Rs.1,20,000). The
compensation awarded by the Tribunal towards other heads appears to be just
and proper and the same is hereby confirmed and it does not warrant any
interference by this Court. Hence, I do not find any valid reason to interfere
with the well considered award passed by the Tribunal. Insofar as, the
compensation awarded in M.C.O.P.No.3598 of 2013 is concerned, the Tribunal
awarded Rs.31,200/- for the injury sustained in the said accident, which appears
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C.M.A.Nos.2315, 2316 & 888 of 2016
to be just and proper and the same is hereby confirmed.
11. In the light of the above submission made by the learned counsel
appearing for the appellant in C.M.A.No.2315 of 2016, this Court modifies the
award of the Tribunal as follows:
S.No. Particulars Award of Reduced amount
Tribunal
1. Disability Rs. 1,80,000/- Rs. 1,80,000/- Confirmed
2. Transport to Hospital Rs. 50,000/- Rs. 50,000/- Confirmed
3. Extra Nourishment Rs. 1,00,000/- Rs. 1,00,000/- Confirmed
4. Pain and suffering Rs. 1,00,000/- Rs. 1,00,000/- Confirmed
5. Damages to cloths Rs. 3,000/- Rs. 3,000/- Confirmed
6. Medical Expenses Rs. 1,07,357/- Rs. 1,07,357/- Confirmed
7. Attender Charges Rs. 40,000/- Rs. 40,000/- Confirmed
8. Loss of income Rs. 90,000/- Rs. 1,20,000/- Enhanced
9. Loss of amenities Rs. 40,000/- Rs. 40,000/- Confirmed
Total Rs.7,10,357/- Rs. 7,40,357/-
The said sum of Rs.7,40,357/- shall be deposited together with interest at
the rate of 7.5% from the date of petition in M.C.O.P.No.2315 of 2016 till the
date of realization.
12. In fine,
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C.M.A.Nos.2315, 2316 & 888 of 2016
C.M.A.No.2315 of 2016:
(i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the
compensation from Rs.7,10,400/- to Rs.7,40,357/-, with 7.5 % interest per
annum, to the extent indicated above. No Costs.
(ii) the respondent / Transport Corporation is directed to deposit the enhanced
award amount before the Tribunal, within a period of eight weeks from the date
of receipt of a copy of this order, less the amount, if any already deposited.
(iii) on such deposit being made, the claim Petitioners/Appellants are permitted
to withdraw the entire enhanced award amount with accrued interest and costs,
less the award amount, if any, already withdrawn, by filing necessary
application before the Tribunal.
(iv) the claim Petitioner/Appellant is directed to pay the court fee, if any, for the
enhanced compensation amount and the Registry is directed to draft the decree
only after the receipt of Court fee.
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C.M.A.Nos.2315, 2316 & 888 of 2016
C.M.A.No.2316 & 888 of 2016:
In view of the fair and reasonable compensation enhanced in
C.M.A.No.2315 of 2016, nothing survives in C.M.A.Nos.2316 & 888 of 2016
for further adjudication and hence, C.M.A.Nos.2316 & 888 of 2016 is
dismissed. No costs.
08.06.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
ata
To
The IV Judge,
The Motor Accident Claim Tribunal, Court of Small Causes,
Chennai.
A.A.NAKKIRAN.J,
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C.M.A.Nos.2315, 2316 & 888 of 2016
ata
C.M.A.Nos.2315, 2316 & 888 of 2016
08.06.2023
https://www.mhc.tn.gov.in/judis
