Madras High Court
R.Karthick vs The Managing Director on 12 June, 2023
C.M.A.No.963 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2023
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA
C.M.A.No. 963 of 2022
R.Karthick ...Appellant
Vs.
The Managing Director
Metropolitan Transport Corporation Ltd.
Pallavan Salai, Chennai-600 003. ... Respondent
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles
Act, 1988, against the judgment and decree dated 13.12.2011 made in
M.C.O.P.No.3820 of 2007 on the file of the Motor Accidents Claims Tribunal, IV
Judge, Small Causes Court, Chennai.
For Appellant : Mrs.P.T.Saleem Fathima
For Respondent : Mr.A.Vinothraj
JUDGMENT
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C.M.A.No.963 of 2022
This appeal is filed for enhancement of compensation granted by the
Tribunal in the award dated 13.12.2011 made in M.C.O.P.No.3820 of 2007 on the
file of the Motor Accidents Claims Tribunal, IV Judge, Small Causes Court,
Chennai.
2. The brief facts leading to the appeal are that, on 21.05.2006 at about
20.00 hours, while the appellant/claimant was travelling in MTC bus bearing
Registration No.TN-01-N-1794 near Child Hospital, Halls Road, the driver of the
bus drove the same in a rash and negligent manner, applied sudden brake, due to
which, the appellant/claimant was thrown out from the bus and sustained grievous
injuries. According to the appellant, he was aged 19 years at the time of accident
and was a student and also doing some part time work in lathe unit. The
appellant/claimant therefore, filed the Claim Petition claiming Rs.10,00,000/- as
compensation for the injuries sustained by him in the accident.
3. The respondent/Transport Corporation contested the Claim Petition and
filed a detailed counter denying the averments made in the Claim Petition including
negligence, liability and quantum of compensation.
4. Before the Claims Tribunal, in support of his claim, the appellant/claimant
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C.M.A.No.963 of 2022
examined himself as P.W.1 and Dr.Thiagarajan was examined as P.W.2 and
Exs.P1 to P5 were marked. On the side of the respondent, the driver of the bus was
examined as R.W.1 and no document was filed.
5. The Claims Tribunal, on an assessment of entire evidence on record,
rendered the finding of negligence against the driver of the bus and assessed
compensation at Rs.2,39,500/- along with 7.5% interest. Not satisfied with the
award passed by the Tribunal, the appellant/claimant has filed the above appeal for
enhancement of compensation.
6. Learned counsel appearing for the appellant/claimant submitted that the
Tribunal had failed to award any sum towards future prospects, loss of amenities
and marital prospects. The award of the Tribunal under other heads was also very
meagre. The learned counsel further submitted that the appellant/claimant had
suffered amputation of left forefoot, which was a scheduled permanent disability
and the Tribunal ought to have therefore awarded fair and just compensation and
on these grounds, prayed for enhancement of compensation.
7. Learned counsel for the respondent/Transport Corporation on the other
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C.M.A.No.963 of 2022
hand submitted that the award of the Tribunal was fair, just and reasonable and
did not call for any interference in the appeal.
8. I have heard both the learned counsel and perused the entire materials
placed on record.
9. The contention of the learned counsel for the appellant that the Tribunal
ought to have awarded 40% towards future prospects is justified and in conformity
with the judgment of the Hon'ble Supreme Court in the case of National
Insurance Company Limited Vs. Pranay Sethi and others reported in (2017) 16
SCC 680. Therefore, loss towards permanent disability needs to be modified. The
Tribunal has fixed a sum of Rs.3,000/- per month as income of the appellant and
assessed the disability at 30%. After adding 40% towards future prospects
(Rs.3,000/- x 40/100 = 1,200), the monthly income of the deceased would be
Rs.4,200/- (Rs.3,000 + 1200). The Tribunal had adopted multiplier '16', which is
erroneous. As the age of the appellant/claimant was 19 years at the time of
accident, the appropriate multiplier would be '18'. Thus, the compensation towards
permanent disability is arrived at Rs.2,72,160/- [Rs.4,200/- X 12 X 18 X 30%].
10. It is seen from the records that the appellant/claimant was hospitalised
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C.M.A.No.963 of 2022
for 8 days for the injuries sustained by him in the accident and therefore, in my
view, award towards transportation to hospital and extra nourishment deserve to
be enhanced from Rs.3,000/- to Rs.10,000/- and from Rs.5,000/- to Rs.15,000/-
respectively.
11. Learned counsel for the appellant further submitted that the Tribunal did
not award any sum towards loss of amenities and marital prospects. The appellant
was aged 19 years at the time of accident and because of the amputation of his left
forefoot, he developed a limb in the foot and hence his marital prospects would be
affected. Considering that the left forefoot of the appellant/claimant was
amputated, I am of the view that the appellant/claimant is entitled to fair
compensation towards loss of amenities and marital prospects and accordingly,
Rs.15,000/- and Rs.25,000/- respectively are awarded under these heads. The
compensation awarded by the Tribunal under all other heads are hereby confirmed.
12. In view of the above discussions, the award of the Tribunal is modified
as follows :-
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C.M.A.No.963 of 2022
S.No Various Heads Awarded by the Awarded by this
Tribunal Court
1. Loss of income Rs.15,000/- Rs.15,000/-
2. Transport to hospital Rs.3,000/- Rs.10,000/-
3. Extra nourishment Rs.5,000/- Rs.15,000/-
4. Damage to clothing Rs.1,000/- Rs.1,000/-
5. Medical expenses Rs.7,700/- Rs.7,700/-
6. Pain and sufferings Rs.35,000/- Rs.35,000/-
7. Permanent disability Rs.1,72,800 Rs.2,72,160/-
8. Loss of amenities - Rs.15,000/-
9. Loss of marital prospects - Rs.25,000/-
Total Rs.2,39,500/- Rs.3,95,860/-
enhanced
compensation
Rs.1,56,360/-
The appellant/claimant is entitled to the total compensation of Rs.3,95,860/- along
with interest at the rate of 7.5% per annum (excluding the default period from
04.07.2011 to 13.10.2011) from the date of petition till the date of deposit.
13. It is submitted by the learned counsel for the respondent that appeal was
filed with the delay of 2919 days and delay was condoned on condition that the
appellant shall forfeit the interest for the delay period of 2919 days. In view of the
above submission, it is made clear that the appellant/claimant is not entitled for any
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C.M.A.No.963 of 2022
interest for the delay period of 2919 days on the amount of Rs.1,56,360/-
enhanced by this Court, as per the order of this Court dated 07.04.2022 made in
C.M.P.No.17840 of 2021 in C.M.A.SR.No.94966 of 2021.
14. Learned counsel for the respondent/Transport Corporation submitted
that the amount awarded by the Tribunal along with accrued interest and costs has
already been deposited before the Tribunal. In view of the said submission, there
shall be a direction to the respondent to deposit the enhanced amount of
Rs.1,56,360/- along with 7.5% interest and costs, less the amount already
deposited if any, within a period of eight (8) weeks from the date of receipt of a
copy of this judgment. On such deposit being made, the appellant/claimant shall be
entitled to withdraw the same along with interest and costs, by making proper
application before the Tribunal.
15. It is submitted by the learned counsel for the appellant that the appeal
was valued at Rs.1,00,000/-. In view of the said submission, there shall be a
direction to the appellant to deposit the deficit Court fee. The Registry is directed
not to draft the decree until the Court fee for enhanced amount is paid.
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C.M.A.No.963 of 2022
16. The appeal is accordingly partly allowed. There shall be no order as to
costs.
12.06.2023
Speaking Order: Yes/No
Index: Yes/No
Neutral Citation: Yes/No
kj
To
1.The IV Judge
(Motor Accident Claims Tribunal)
Small Causes Court, Chennai.
2.The Section Officer,
V.R.Section,
High Court, Madras.
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C.M.A.No.963 of 2022
N.MALA.J.,
kj
C.M.A.No. 963 of 2022
12.06.2023
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