Madras High Court
P.Murugesan vs Tamil Nadu State Transport ... on 14 June, 2023
C.M.A.No.683 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14.06.2023
Coram:
THE HONOURABLE MRS.JUSTICE N.MALA
CMA.No.683 of 2022
P.Murugesan
... Appellant
Vs.
Tamil Nadu State Transport Corporation Ltd.,
No.37, Mettupalayam Road,
Coimbatore,
Coimbatore District- 641 043.
... Respondent
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988 challenging the Judgment and Decree dated 24.09.2019 in
M.C.O.P.No. 805 of 2016 on the file of the Motor Accidents Claims Tribunal
(Chief Judicial Magistrate), Namakkal.
For Appellant : Mr.R.Nalliyappan
For Respondent : Mr.A.Sundaravadanan
https://www.mhc.tn.gov.in/judis
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C.M.A.No.683 of 2022
JUDGMENT
The appeal is filed by the claimant seeking enhancement of
compensation of Award and Decree, dated 24.09.2019 in M.C.O.P.No. 805 of
2016 on the file of the Motor Accidents Claims Tribunal (Chief Judicial
Magistrate), Namakkal
2. The brief facts, leading to the above appeal are as follows:
On 07.04.2016 at about 03.15 a.m, when the claimant was travelling in
the the respondent/Corporation bus, the driver of the bus drove the vehicle in a
rash and negligent manner, dashed against a Tamarind Tree and caused the
accident, due to which, the claimant sustained multiple injuries all over his
body. Therefore, the claimant filed a claim petition before the Claims Tribunal
seeking Rs.10,00,000/- as compensation.
3. Before the Claims Tribunal, the claimant examined himself as P.W.1
and two other witnesses were also examined as P.W.2 and P.W.3. Documents
Ex.P.1 to Ex.P.15 were marked. On the side of the respondent, no witness was
examined, nor any document was marked. The Court document was marked as
Ex.C.1.
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C.M.A.No.683 of 2022
4. The learned counsel for the appellant submitted that the Tribunal erred
in awarding Rs.3,000/- per percentage towards permanent disability. According
to the learned counsel, the Tribunal ought to have awarded Rs.5,000/- per
percent of disability by following the Judgment of this Court in Chinnathambi
Vs Deepa. The learned counsel further submitted that the award of the Claims
Tribunal towards loss of earning, Transport charges and extra nourishments
were on the lower side. The learned counsel further submitted that the Tribunal
ought to have awarded reasonable amount towards attender charges,
considering the fact that the claimant was hospitalised for more than 10 days,
which is evident from Ex.P.8. The learned counsel therefore submitted that the
award of the Claims Tribunal was on the lower side and the same deserved to
be enhanced.
5. The learned counsel for the respondent, on the other hand, submitted
that the award passed by the Claims Tribunal was just, fair and reasonable and
the same did not call for any interference by this Court.
6. I have heard both the learned counsels and have perused the materials
placed on record.
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C.M.A.No.683 of 2022
7. It is seen that the claimant suffered fracture of both bones on his right
leg and he had undergone surgery for the same and was hospitalised from
09.04.2016 to 23.04.2016 as evidenced from Ex.P.8, the discharge summary
issued by London Ortho Speciality Hospital, Salem. The Medical Board
assessed the disability under Ex.C.1 at 20%. It is seen that the Claims Tribunal
found that it was not a fit case for adopting multiplier method and therefore,
assessed the compensation under the head “disability” by adopting unit method.
Though the Tribunal in my view is justified in adopting the unit method, it
erred in awarding Rs.3,000/- per percent of disability. Following the Judgment
in the case of M.Chinnathambi vs. Deepa and another., the Claims Tribunal
ought to have adopted Rs.5,000/- per percentage of disability and therefore the
award towards permanent disability is increased from Rs.60,000/- to
Rs.1,00,000/- (Rs.5000x20%).
8. In view of the nature of injuries sustained by the claimant and the
period of hospitalisation underwent by him, I am of the view that the award of
the Claims Tribunal needs to be modified and the same is modified as follows.
S.No. Various Heads Award by Tribunal Award by this Court
(amount in Rs.) (amount in Rs.)
1. Medical expenses 61,200/- 61,200/-
2. Loss of earning 24,000/- 40,000/-
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C.M.A.No.683 of 2022
S.No. Various Heads Award by Tribunal Award by this Court
(amount in Rs.) (amount in Rs.)
3. Transportation Charges 4,800/- 15,000/-
4. Extra Nourishment 5,000/- 15,000/-
5. Pain and Suffering 45,000/- 45,000/-
6. Permanent Disability 60,000/- 1,00,000/-
7. Attender Charges Nil 15,000/-
Total compensation 2,00,000/- 2,91,200/-
9. Accordingly, there shall be a direction to the respondent/Transport
Corporation to deposit the entire compensation amount of Rs.2,91,200 along
with 7.5% interest from the date of claim petition till the date of deposit, less
amount, if any already deposited, within a period of six (6) weeks from the date
of receipt of copy of this Judgment. On such deposit being made, the claimant
shall withdraw the same.
In the result, this Civil Miscellaneous Appeal is partly allowed. There
shall be no order as to costs.
14.06.2022
dsn
Index: Yes/No
Speaking Order: Yes/No
Neutral citation: Yes/No
https://www.mhc.tn.gov.in/judis
C.M.A.No.683 of 2022
To
The Chief Judicial Magistrate,
Motor Accidents Claims Tribunal,
Namakkal
Copy to
The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.683 of 2022
N.MALA.J.,
dsn
C.M.A.No.683 of 2022
14.06.2023
https://www.mhc.tn.gov.in/judis
