Madras High Court
The Managing Director vs Parthiban on 22 June, 2023
C.M.A.(MD)No.351 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A.(MD)No.351 of 2023
and
C.M.P.(MD)No.4314 of 2023
The Managing Director,
Tamil Nadu State Transport Corporation,
Pudukkottai. ...Appellant/Respondent
Vs.
Parthiban ...Respondent/Petitioner
PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the judgement and decree passed by the
Motor Accident Claims Tribunal, Additional Sub Court, Pudukkottai in
M.C.O.P.No.30 of 2015, dated 05.07.2021.
For Appellant : Mr.D.Sivaraman
For Respondent : No Appearance
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.351 of 2023
JUDGMENT
This appeal has been filed challenging award passed by the Motor
Accident Claims Tribunal in M.C.O.P.No.30 of 2015, dated 05.07.2021.
2.For the sake of convenience, the parties are referred to herein, as per
their rank before the Trial Court.
3.The brief facts, leading to the filing of this Civil Miscellaneous
Appeal, are as follows:-
(i)the claimant was aged about 15 years at the time of accident. He was
studying 10th standard. On 26.12.2014, at about 07.35 p.m., when the claimant
was travelling with one Sivakumar as a pillion rider in the two wheeler bearing
Registration No.TN-63-S-8676, the bus bearing Registration No.TN-55-N-0463
came in a rash and negligent manner and dashed against the motorcycle from the
behind. As a result, the petitioner sustained serious injuries. He took treatment as
inpatient from 26.12.2014 to 29.12.2014 in Kavery Hospital, Pudukottai.
Thereafter, he took treatment as inpatient at Oliympa Hospital, Trichy from
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C.M.A.(MD)No.351 of 2023
06.01.2015 to 10.01.2015. His four fingers on his right hand were amputated.
Hence, he filed the claim petition seeking compensation.
(ii)The respondent before the Tribunal contended that the accident had
taken place only due to the negligence on the part of the rider of the motorcycle.
He further contended that the rider of the two wheeler suddenly lost his control,
which resulted in accident.
4.Before the Tribunal, on the side of the claimants P.W.1 and P.W.2 were
examined and Ex.P1 to Ex.P15 were marked. On the side of the respondents
R.W.1 was examined and Ex.R1 was marked.
5.The Tribunal on appreciation of entire evidence, found that only the
driver of the offending bus was negligent in driving the bus and dashed against the
motorcycle from the behind. Considering the injuries and amputation sustained by
the petitioner, the Tribunal had fixed the monthly income of the deceased at
Rs.6,000/-. Further, the Tribunal had also adopted multiplier method considering
the nature of injuries and awarded the compensation as follows:
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C.M.A.(MD)No.351 of 2023
S.No. Heads Amount
1. Pain and sufferings and disability Rs. 25,000/-
2. Transportation Expenses Rs. 10,000/-
3. Extra nourishment expenses Rs. 5,000/-
4. Attender Expenses Rs. 5,000/-
5. Medical Expenses Rs. 1,35,252/-
6. Damages to clothing and articles Rs. 2,000/-
7. Loss of disability Rs. 3,62,880
Total Rs. 5,45,132/-
Challenging the same the present appeal is field by the Transport Corporation. In
this appeal, the negligence aspect has not been disputed, only the quantum fixed
by the Tribunal is under challenge.
6.The learned counsel for the appellant would submit that only two right
fingers of the petitioner were amputated. However, the Tribunal had awarded
excessive compensation. Therefore, the same has to be reduced.
7.I have heard the learned counsel for the appellant and perused the
materials placed on record.
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C.M.A.(MD)No.351 of 2023
8.Admittedly, amputation of two fingers is not disputed by the appellant.
Perusal of the decree and judgment of the Tribunal shows that the Tribunal, taking
note of the fact that the claimant had sustained 20% disability, had adopted cost
inflation index and fixed the monthly income of the claimant at Rs.6,000/-. The
petitioner is the student of 10th standard. Loss of two fingers on the right hand
itself is the disability of permanent in nature. There is disfigurement in his entire
life. In fact, such amputation will affect his other work also. Hence, this Court is
of the view that the Tribunal had rightly awarded a sum of Rs.3,60,000/- towards
disability by adopting multiplier method and the same cannot be found fault.
9.In such view of the matter, this Court is of the view that the just and
reasonable compensation awarded by the Tribunal cannot be stated to be abnormal
or unjust. Accordingly, this Civil Miscellaneous Appeal is dismissed and the
compensation awarded by the Tribunal is hereby confirmed.
10.The Transport Corporation is directed to deposit the entire
compensation as awarded by the Tribunal with interest at the rate of 7.5% from the
date of petition till the date of realization to the credit of M.C.O.P.No.30 of 2015,
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C.M.A.(MD)No.351 of 2023
on the file of the Motor Accident Claims Tribunal/Additional Sub Court,
Pudukkottai within a period of one month from the date of receipt of a copy of this
judgment, less the amount, if any already deposited. On such deposit, the claimant
is permitted to withdraw the same, less the amount if any already withdrawn, by
making necessary application before the Tribunal. No costs. Consequently,
connected miscellaneous petition is closed.
22.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
ta
To
1.The Motor Accident Claims Tribunal/
Additional Sub Court, Pudukkottai.
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.351 of 2023
N.SATHISH KUMAR, J.
ta
C.M.A.(MD)No.351 of 2023
22.06.2023
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