Madras High Court
The Manager vs Anbukkarasi on 14 June, 2023
C.M.A.(MD).No.493 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.493 of 2015
and
M.P(MD) No.1 of 2015
The Manager,
Tamil Nadu State Transport Corporation Limited,
Kudanthai Kottam,
Kumbakonam ... Appellant/Respondent
-vs-
Anbukkarasi ... Respondent/Petitioner
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act,1988, against the judgment and decree made in M.C.O.P.No.913
of 2013, dated 18.09.2014, on the file of the Motor Accident Claims Tribunal/
Special Sub Court, Thanjavur.
For Appellant : Mr.P.Prabhakaran
For Respondent : No appearance
JUDGMENT
The present Civil Miscellaneous Appeal has been filed by the Transport
Corporation challenging the award passed by the Motor Accidents Claims
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C.M.A.(MD).No.493 of 2015
Tribunal/Special Sub Court, Thanjavur, made in M.C.O.P.No.913 of 2013,
primarily on the ground of quantum.
2. According to the injured claimant, she sustained grievous injuries in
an accident that took place on 09.04.2013 at about 03.30 a.m., while she was
travelling as a passenger in the bus belonging to the respondent/Transport
Corporation. The Tribunal has found that the accident has taken place only
due to the rash and negligent driving on the part of the driver of the Transport
Corporation.
3. A perusal of Ex.P.4- Discharge Summary and Ex.P.5- Disability
Certificate indicates that the claimant has sustained disability to an extent of
53%. The Tribunal has proceeded to award a sum of Rs.3,000/- (Rupees
Three Thousand only) per percentage and had arrived at a sum of
Rs.1,59,000/- (Rupees One Lakh Fifty Nine Thousand only) towards
permanent partial disability. The Tribunal has also awarded a sum of
Rs.11,400/- (Rupees Eleven Thousand and Four Hundred only) towards
attendar charges, a sum of Rs.36,000/- (Rupees Thirty Six Thousand only)
towards loss of income, a sum of Rs.1,00,000/- (Rupees One Lakh) towards
pain and sufferings, a sum of Rs.25,000/- (Rupees Twenty Five Thousand
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C.M.A.(MD).No.493 of 2015
only) towards future treatment expenses, a sum of Rs.10,600/- (Rupees Ten
Thousand and Six Hundred only) towards extra nourishment and a sum of
Rs.10,000/- (Rupees Ten Thousand only) towards transportation expenses.
Totally, a sum of Rs.3,52,000/- (Rupees Three Lakhs and Fifty Two Thousand
only) has been awarded. This award is under challenge in the present appeal
filed by the Transport Corporation.
4. According to the learned counsel appearing for the appellant, the
Tribunal ought not to have awarded a sum of Rs.1,00,000/- (Rupees One
Lakh only) towards pain and sufferings for the disability of 53%. He further
contended that there is no proof that the claimant has to undergo some
treatment in future and therefore, the award of Rs.25,000/- under the said
head is not legally sustainable. Hence, he prayed for allowing the appeal to
the above said extent.
5. The respondent could not be served, in view of the fact that the
correct address was not available.
6. The Doctor has been examined as P.W.2. He has categorically
deposed that the claimant has sustained 53% partial disability. He has further
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C.M.A.(MD).No.493 of 2015
found that the claimant has been operated for fractures in tibia and fibula
bones in her right leg and rods are fixed in her leg. Therefore, it is clear that
the claimant has to undergo the second surgery for exit of the implanted the
rods and screws. Hence, this Court does not find any illegality in the award of
Rs.25,000/- (Rupees Twenty Five Thousand only) towards future treatment
expenses. Though normally only a sum of Rs.50,000/- (Rupees Fifty
Thousand only) is awarded towards pain and sufferings, considering the fact
that the claimant has to undergo the second surgery, the award of
Rs.1,00,000/- (Rupees One Lakh only) towards pain and sufferings does not
seem to be excessive. That apart, the Doctor has adduced evidence that in
view of the fracture and insertion of rods and screws, she could not sit and
she cannot bend her legs. Therefore, it is clear that the claimant has also
suffered loss the amenities. In view of the above said facts, this Court does
not find the total award passed by the Tribunal in any way as unreasonable or
excessive. Therefore, the award of the Tribunal stands confirmed.
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C.M.A.(MD).No.493 of 2015
7. Accordingly, this Civil Miscellaneous Appeal stands dismissed.
There shall be no order as to costs. Consequently connected Miscellaneous
Petition is closed.
14.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Motor Accident Claims Tribunal/
Special Sub Court, Thanjavur.
2. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.493 of 2015
R.VIJAYAKUMAR,J.
ebsi
C.M.A.(MD)No.493 of 2015
14.06.2023
https://www.mhc.tn.gov.in/judis
