Madras High Court
M.Ganapathy vs A.M.V.J Bus Transports on 26 June, 2023
C.M.A.No.589 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 26.06.2023
Coram:
THE HONOURABLE MRS.JUSTICE N.MALA
C.M.A.No.589 of 2022
M.Ganapathy
... Appellant
Vs.
1.A.M.V.J Bus Transports,
N.A.15, K.N.K Road, Erode Post,
Erode District-638 003.
2.M/s.United India Insurance Co., Ltd.,
T.P.HUB, Sri Ranga Complex, 1st Floor,
Peramanur Main Road, Peramanur,
Salem-636 007.
... Respondents
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988 praying to allow this appeal and enhance the award in the
judgement and decree dated 31.01.2020, made in M.A.C.T.O.P.No.248 of 2017 on
the file of the Motor Vehicle Accident Claims Tribunal / Special Subordinate
Judge No.I, Salem.
For Appellant : Mr.C.Baraneedharan
For Respondents : No Appearance for R1
M/s.I.Malar for R2
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C.M.A.No.589 of 2022
JUDGMENT
The Appeal has been filed by the appellant for enhancement of the award in
the judgement and decree dated 31.01.2020, made in M.A.C.T.O.P.No.248 of
2017 on the file of the Motor Vehicle Accident Claims Tribunal / Special
Subordinate Judge No.I, Salem.
2. According to the claimant, on 10.09.2016, while the claimant was
travelling in a bus from Salem to Erode, a private bus driven by its driver in a rash
and negligent manner dashed against the bus, in which the claimant was travelling
causing the claimant grievous injuries. The claimant was a driver cum agriculturist
and was earning a sum of Rs.7,500/- as income per month. After the accident, due
to the injuries suffered by him, he was unable to do his work as before and
therefore, he filed the claim petition, claiming a sum of Rs.5,00,000/- as
compensation before the tribunal. The first respondent, the owner of the private
bus remained ex parte and the claim petition was contested by the second
respondent / Insurance Company.
3. The second respondent / Insurance Company in its counter denied all the
averments made in the claim petition apart from questioning the negligence,
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C.M.A.No.589 of 2022
quantum as well as liability. Before the claims tribunal, the claimant examined
himself as P.W.1 and marked Ex.P1 to Ex.P10. On the side of the respondents,
neither any documentary evidence was filed nor any oral evidence was adduced.
Ex.C1 and Ex.C2 were marked as Court documents. The tribunal on assessment of
the entire evidence on record, awarded Rs.2,97,649/- along with 7.5% interest as
compensation. Aggrieved by the compensation awarded by the claims tribunal, the
claimant has preferred the above appeal.
4.Learned counsel for the appellant submitted that the claimant suffered
25% permanent disability and was awarded Rs.3,000/- for 1% of disability. Since
the accident is of the year 2016, the claims tribunal ought to have awarded
Rs.5,000/- for 1% of disability. The learned counsel submitted that the order of the
tribunal on the heads of transportation charges, extra nourishment and attender
charges were very meager, considering the nature of injuries sustained by the
claimant and the period of hospitalization undergone by him. The counsel
therefore, pleaded that the compensation had to be enhanced.
5.Learned counsel appearing for the 2nd respondent on the other hand,
submitted that the award of the tribunal was fair and just and did not call for any
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C.M.A.No.589 of 2022
interference in the appeal.
6. I have heard the learned counsel for the appellant and the learned counsel
for the respondents and perused the materials available on record.
7.It is seen that the claimant was aged 49 years at the time of the accident
and according to the disability certificate, Ex.C1, the claimant suffered open type
II fracture, fracture in middle third right clavicle and scapula body and fracture of
proximal 3rd shaft of humerus. The tribunal assessed the disability at 25% and
awarded Rs.3,000/- for 1% of the disability. This Hon'ble Court in
M.Chinathambi vs. S.Deepa and another, reported in 2020 (1) TN MAC 617,
fixed Rs.5,000/- for 1% of the disability for the accident which occurred in 2016.
Since the accident in issue occurred in the year 2016, Rs.5,000/- is fixed towards
1% of disability. The claimant is therefore, entitled to Rs.1,25,000/- towards
permanent disability. It is seen that the claimant was hospitalized for 7 days
between 10.09.2016 to 16.09.2016, which is evidenced by Ex.P2, the discharge
summary. Considering the nature of injuries and the period of treatment undergone
by the claimant, I am of the view that the compensation towards transportation
charges, extra nourishment and attender charges can be enhanced.
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C.M.A.No.589 of 2022
8.In light of the above discussions, the award of the tribunal is modified as
follows:
S.No. Various Heads Awarded by Claims Award by this Court
Tribunal
1. Compensation for pain Rs.25,000/- Rs.30,000/-
and suffering
2. Loss of earnings Rs.37,500/- Rs.37,500/-
3. Medical expenses Rs.96,649/- Rs.96,649/-
4. Transportation charges Rs.12,500/- Rs.15,000/-
5. Extra nourishment Rs.12,500/- Rs.15,000/-
6. Attender charges Rs.12,500 Rs.15,000/-
7. Damages to clothings Rs.1,000/- Rs.1,000/-
8. Loss of amenities Rs.25,000/- Rs.27,500/-
9. Compensation for Rs.75,000/- Rs.1,25,000/-
permanent disability
Total Rs.2,97,649/- Rs.3,62,649/-
9. The award of the Tribunal is therefore modified and the claimant is
awarded a sum of Rs.3,62,649/- as compensation along with 7.5% interest.
10. It is submitted by the learned counsel for the appellant that the Insurance
Company has not deposited the compensation awarded by the tribunal. Therefore,
this Court directs the 2nd respondent / Insurance Company to deposit the enhanced
compensation of Rs.3,62,649/- along with 7.5% interest, less the amount, if any,
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C.M.A.No.589 of 2022
N.MALA, J
Anu
already deposited within a period of six weeks from the date of receipt of a copy
of this order. On such deposit being made, the claimant shall be entitled to
withdraw the same by making proper application before the tribunal.
11.The Civil Miscellaneous Appeal is partly allowed and there shall be no
order as to costs in this appeal.
26.06.2023
Anu
Speaking Order: Yes/No
Index: Yes/No
NCC:Yes/No
To
1.The Motor Vehicle Accident Claims Tribunal / Special Subordinate Judge No.I,
Salem
2.The Section Officer,
V.R. Section,
High Court, Madras.
C.M.A.No.589 of 2022
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