Madras High Court
Thairiyam vs The Tamil Nadu State Transport on 20 June, 2023
C.M.A.(MD).No.833 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.833 of 2017
Thairiyam ... Appellant/Claimant
-vs-
The Tamil Nadu State Transport
Corporation (Commissioner Division – II)
Erode. ... Respondent/Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988, against the judgment and decree dated 24.07.2002 in
M.C.O.P.No.757 of 2001 on the file of the Motor Accidents Claims Tribunal
(ADJ–cum-CJM), Karur.
For Appellant : Mr.P.Ganapathi Subramanian
For Respondent : Mr.K.Ramaiah
Standing Counsel
JUDGMENT
The present Civil Miscellaneous Appeal has been filed by the claimant
seeking enhancement of compensation of the award passed by the the Motor
Accidents Claims Tribunal (ADJ–cum-CJM), Karur in M.C.O.P.No.757 of
2001.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.833 of 2017
2. The claimant was an agricultural Coolie, aged about 45 years, when
she met with an accident on 16.11.2001. In the said accident, she had
sustained multiple and grievous injuries all over the body including a fracture
in her hip. She had prayed for compensation of Rs.4,00,000/- (Rupees Four
Lakhs only)
3. The Transport Corporation had filed a counter questioning the
negligence, liability and quantum.
4. The Tribunal, after considering the oral and documentary evidence,
arrived at a finding that the accident has taken place only due to the rash and
negligent driving on the part of the driver of the Transport Corporation. The
Tribunal has proceeded to award a sum of Rs.35,000/- (Rupees Thirty Five
Thousand only) towards partial permanent disability, a sum of Rs.10,000/-
(Rupees Ten Thousand only) towards pain and sufferings, a sum of Rs.2,000/-
(Rupees Two Thousand only) towards loss of earning, a sum of Rs.20,000/-
(Rupees Twenty Thousand only) towards future Medical expenses, another
sum of Rs.12,000/- (Rupees Twelve Thousand only) towards medical bills
and a sum of Rs.4,000/- (Rupees Four Thousand only) towards attendar
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C.M.A.(MD).No.833 of 2017
charges and another sum of Rs.4,000/- (Rupees Four Thousand only) towards
extra nourishment. Totally, a sum of Rs.87,000/- (Rupees Eight Seven
Thousand only) has been awarded. This award is under challenge in the
present appeal.
5. According to the learned counsel appearing for the appellant, the
Government Doctor, who has treated the claimant has issued a disability
certificate under Ex.A-9. As per the evidence of Doctor who has been
examined as P.W.2 and as per the said certificate, the claimant has sustained
70% permanent disability. However, only a sum of Rs.35,000/- (Rupees
Thirty Five Thousand only) has been awarded under the head of partial
permanent disability. Hence, he prayed for enhancing the amount under the
said head.
6. Per contra, the learned counsel appearing for the respondent had
contended that the Tribunal after considering the disability certificate, wound
certificate and the evidence of the Doctor, has proceeded to award a sum of
Rs.35,000/- towards permanent disability and the same may not be enhanced.
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C.M.A.(MD).No.833 of 2017
7. I have carefully considered the submissions made by the learned
counsel on either side and perused the material on records.
8. The disability certificate which is marked as Ex.A.9 issued by the
Doctor, who was examined as P.W.2 clearly indicates that the claimant had
sustained 70% permanent disability. The said disability arises out of the fact
that there is a fracture in the left tibia and in the hip bone. Therefore, it is
clear that the claimant has sustained grievous injuries in the said accident.
However, the Tribunal has just awarded a sum of Rs.35,000/- (Rupees Thirty
Five Thousand only) towards permanent disability without assigning any
reason whatsoever. Therefore, this Court is inclined to enhance the said
amount calculating a sum of Rs.2,000/- (Rupees Two Thousand only) per
percentage. Hence, the award amount under the head of partial permanent
disablement from Rs.35,000/-(70% x 2000)= to Rs.1,40,000/- (Rupees One
Lakh Forty Thousand only) is awarded. The award of the Tribunal under other
heads is hereby confirmed.
9. In view of the above said deliberations, the award of the Tribunal is
modified as follows:
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C.M.A.(MD).No.833 of 2017
Partial Permanent Disability : Rs.1,40,000/-
Pain and Sufferings : Rs. 10,000/-
Future Medical Expenses : Rs. 20,000/-
Medical Bills : Rs. 12,000/-
Loss of earning : Rs. 2,000/-
Attendar Charges : Rs. 4,000/-
Extra Nourishment : Rs. 4,000/-
Total : Rs.1,92,000
10. Therefore, the award of the Tribunal is modified and enhanced from
Rs.87,000/- to Rs.1,92,000/- (Rupees One Lakh and Ninety Two Thousand
only) and the said enhanced amount will carry interest at the rate of 7.5% per
annum from the date of the claim petition. The respondent shall deposit the
award amount within a period of eight weeks from the date of receipt of a
copy of this order.
11. With the above said observations, this Civil Miscellaneous Appeal
is partly allowed to the extent as stated above. There shall be no order as to
costs.
20.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.833 of 2017
To
1. The Motor Accidents Claims Tribunal
(ADJ–cum-CJM), Karur.
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.833 of 2017
R.VIJAYAKUMAR,J.
ebsi
C.M.A.(MD)No.833 of 2017
20.06.2023
https://www.mhc.tn.gov.in/judis
