Madras High Court
Karthikeyan vs The Managing Director on 7 March, 2023
CMA.No.1376 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.03.2023
CORAM :
THE HONOURABLE MRS.JUSTICE N.MALA
Civil Miscellaneous Appeal No.1376 of 2020
Karthikeyan ... Appellant/Claimant
-Vs-
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
No.37, Mettupalayam Salai, Coimbatore. … Respondent
Prayer : Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree dated
03.02.2020 in MCOP.No.102 of 2015 on the file of the Motor Accident
Claims Tribunal/Subordinate Judge Court, Tiruchengode.
For Appellant : Mr.T.S.Arthanareeswaran
For Respondent : Mr.M.Murali Vinodh
JUDGMENT
This Civil Miscellaneous Appeal is filed against the judgment and
decree dated 03.02.2020 made in MCOP No.102 of 2015 on the file of
the Motor Vehicle Accident Claims Tribunal/Subordinate Judge Court,
Tiruchengode.
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CMA.No.1376 of 2020
2. The claimant has filed this appeal seeking enhancement of
compensation.
3. It is the case of the appellant/claimant that, on 25.02.2015, when
he was riding his two wheeler at Tiruchengode to Namakkal Main Road,
Near Maramangalam Bus Stop, a bus belonging to the Transport
Corporation came in the opposite direction in a rash and negligent
manner, hit his two-wheeler, due to which, he fell down and sustained
grievous injuries. The appellant/claimant was admitted in Krishna
Hospital, as in-patient and took treatment for the injuries sustained by
him in the accident. The appellant/claimant, therefore, filed the claim
petition before the Motor Vehicle Accident Claims Tribunal/Subordinate
Judge, Court, Tiruchengode, claiming a sum of Rs.15,00,000/- as
compensation for the injuries sustained by him in the motor accident.
4. The respondent/Transport Corporation remained ex-parte before
the Court below.
5. The appellant/claimant examined himself as P.W.1 and one
Dr.Saravanan as P.W.2 and marked Exs.P1 to P9 in support of his case.
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CMA.No.1376 of 2020
The respondent/Transport Corporation remained ex-parte, and so no oral
or documentary evidence was filed on its side.
6. The Tribunal, on the basis of the pleadings and on an assessment
of the entire evidence on record, awarded a sum of Rs.3,79,300/- as
compensation along with 7.5% interest. Not satisfied with the
compensation awarded by the Tribunal, the claimant/appellant has filed
this appeal seeking enhancement of compensation.
7. It is seen that the Tribunal, on the basis of Ex.P8, assessed the
disability at 10% and awarded a sum of Rs.30,000/- by adopting the unit
method. Under the other heads, the Tribunal awarded a sum of
Rs.3,49,300/- and in toto awarded Rs.3,79,300/- as compensation.
8. The learned counsel for the appellant submits that the
assessment of disability at 10% by the Medical Board under Ex.P8 was
disproportionate to the nature of the injuries sustained by the claimant.
The learned counsel submits that skin grafting was done in the left arm
and forearm and external fixation was done in the humerus for the
fracture injury and hence the assessment of disability at 10% was
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CMA.No.1376 of 2020
erroneous. The learned counsel would further submit that the
appellant/claimant was admitted in the hospital from 25.02.2015 to
09.04.2015 and hence the award of the Tribunal under various heads like
pain and suffering, extra nutrition etc., was grossly inadequate.
9. The learned counsel for the respondent, on the other hand,
submits that the compensation awarded by the Tribunal is fair and
reasonable and hence it does not call for any interference by this Court.
10. I have heard the learned counsel appearing for the parties and
have perused the records.
11. I find that the assessment of disability at 10% as pointed out by
the learned counsel for the appellant seems to be disproportionate to the
nature of injuries sustained by the appellant. The appellant had shaft
fracture in left humerus with brachial artery injury, extensive degloving
injury in left arm and forearm and skin grafting was done in his left arm
and forearm because of the deep cut injury. Considering the nature of
injuries suffered by the appellant and also considering the fact that there
is disfigurement, the disability is assessed at 20%. As the accident
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CMA.No.1376 of 2020
occurred in the year 2015, following the judgment of this Court in the
case of The Manager Vs. Rajan in C.M.A.No.1545 of 2020 dated
07.12.2020 an amount of Rs.5,000/- is fixed for per percentage of
disability, instead of Rs.3,000/- per percentage of disability fixed by the
Tribunal.
12. Considering the long period of treatment, I am of the view that
the compensation of Rs.15,000/- towards pain and suffering needs to be
enhanced and the same is enhanced to Rs.50,000/-. The
appellant/claimant is further entitled to Rs.20,000/- towards extra
nourishment and Rs.10,000/- towards attender charges. The award under
the heads of transportation charges, medical bills and the loss of income
is confirmed.
13. In the light of the said discussions, I deem it fit to modify the
award of the Tribunal as follows:
S.No. Particulars Award of Enhanced
Tribunal amount
1. Permanent Disability Rs. 30,000/- Rs. 1,00,000/- Enhanced
2. Medical Bills Rs. 2,65,300/- Rs. 2,65,300/- Confirmed
3. Pain and Suffering Rs. 15,000/- Rs. 50,000/- Enhanced
4. Extra Nourishment Rs. 10,000- Rs. 20,000/- Enhanced
5. Attender charges Rs. 5,000/- Rs. 10,000/- Enhanced
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CMA.No.1376 of 2020
S.No. Particulars Award of Enhanced
Tribunal amount
6. Transportation Charges Rs. 30,000/- Rs. 30,000/- Confirmed
7. Loss of Income Rs. 24,000/- Rs. 24,000/- Confirmed
Rs. 3,79,300/- Rs. 4,99,300/-
14. Accordingly, the amount awarded by the Tribunal is enhanced
from Rs.3,79,300/- to Rs.4,99,300/- together with interest at 7.5% per
annum from the date of petition till date of deposit as compensation.
15. The respondent/Transport Corporation is directed to deposit
the entire amount i.e., Rs.4,99,300/- together with interest at 7.5% per
annum from the date of petition till date of deposit and costs to the credit
of MCOP.No.102 of 2015 on the file of the Motor Vehicle Accident
Claims Tribunal/ Subordinate Judge Court, Tiruchengode within a period
of eight(8) weeks from the date of receipt of a copy of this order.
16. The appellant shall be entitled to withdraw the entire amount
on such deposit by the Transport Corporation by making proper
application.
Accordingly, this Civil Miscellaneous Appeal is partly allowed.
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CMA.No.1376 of 2020
No costs.
07.03.2023
mp
To
The Motor Vehicle Accident Claims Tribunal/
Subordinate Judge Court,
Tiruchengode.
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CMA.No.1376 of 2020
N.MALA, J.
mp
CMA.No.1376 of 2020
07.03.2023
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