The Managing Director vs Balkees Bibi
2023 Latest Caselaw 15254 Mad

Madras High Court

The Managing Director vs Balkees Bibi on 29 November, 2023

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                                   C.M.A No.2353 of 2023


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 29.11.2023

                                                        CORAM

                                           MR.JUSTICE N.SESHASAYEE

                                             C.M.A. No.2353 of 2023 and
                                              C.M.P. No.22248 of 2023


                The Managing Director
                Tamil Nadu State Transport Corporation
                 (Coimbatore) Division I
                37, Mettupalayam Road
                Coimbatore at Erode                                            ... Appellant

                                                           Vs.

                Balkees Bibi                                                  ... Respondent



                Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
                Vehicles Act, 1988, against the judgment dated 04.08.2023 made in M.C.O.P.
                No.1864 of 2014 on the file of the Presiding Officer, Exclusive Motor Accidents
                Claims Tribunal, Tirupur.


                                  For Appellant        : Mr.M.Murali Vinodh

                                  For Respondents      : Mr.Ma.Pa.Thangavel




https://www.mhc.tn.gov.in/judis
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                                                                               C.M.A No.2353 of 2023


                                                JUDGMENT

In an accident that took place on 08.11.2014, the respondent who was the

passenger of the bus bearing Registration No.TN-33 N-2145 belonging to the

appellant herein suffered injuries. The accident is not disputed. In the accident,

the respondent has suffered multiple crush injuries to her right hand and her

disability was assessed at 62% by the Medical Board vide Ext.C1. The Tribunal

had reckoned the disability as functional disability and reckoned it as 40%. It

also reckoned the monthly income of the victim notionally at Rs.7,500/- to

which 10% is added towards future prospects, since the victim was 58 years old

and after applying 9 as multiplier and reducing the sum arrived to 40%, the

Tribunal had arrived at loss of future earning power at Rs.3,56,400/-. In all, the

Tribunal has awarded a total compensation of Rs.6,65,341/-. The break-up

details are as below:

Sl. No. Under the Head Calculation

1. Loss of income for a period of four Rs. 30,000/-

months till recovery (Rs.7,500/- x 4 = Rs.30,000/-)

2. Future loss of income for 40% Rs.3,56,400/-

functional disability is Rs.3,56,400/-

3. Expenses towards transportation Rs. 20,000/-

https://www.mhc.tn.gov.in/judis

Sl. No. Under the Head Calculation

4. Expenses towards extra nourishment Rs. 30,000/-

5. Expenses towards attender charges Rs. 25,000/-

6. Expenses towards clothes and articles Rs. 5,000/-

7. Expenses incurred for treatment and Rs. 73,941/-

medicines

8. Pain and suffering and loss of Rs.1,25,000/-

amenities (Rs.75,000/- + Rs.50,000/-)

Total Rs.6,65,341/-

2. Aggrieved by the quantum awarded by the Tribunal, the appellant is before

this court.

3. The learned counsel for the appellant essentially contended that the notional

income has been fixed by the Tribunal at higher level, as the accident had taken

place in 2014.

4. Per contra, the learned counsel for the respondent contended, given the fact

that the injuries the victim had suffered are crush injuries to her right hand, she

hardly could do any function and the Tribunal has already reduced the

percentage of disability from 62% as provided in Ext.C1 to 40% functional

disability and the respondent/claimant demanded that it had to be increased to

https://www.mhc.tn.gov.in/judis

50%.

5. After hearing rival sides, this court considers it appropriate and finds that the

approach of the Tribunal cannot be faulted or the quantum it had arrived.

6. In fine, this court finds no material to interfere with the order of the tribunal.

Accordingly, this civil miscellaneous appeal is dismissed. No costs.

Consequently, the connected civil miscellaneous petition is closed. The

appellant/transport corporation is directed to deposit the entire award amount of

Rs.6,65,341/- with interest at the rate of 7.5% per annum from the date of

presentation of the petition till the date of realisation, within a period of 12

weeks from the date of receipt of a copy of this judgment.

29.11.2023

Asr

Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No

To The Presiding Officer, https://www.mhc.tn.gov.in/judis

Exclusive Motor Accidents Claims Tribunal, Tirupur.

N.SESHASAYEE, J.

Asr https://www.mhc.tn.gov.in/judis

C.M.A. No.2353 of 2023 and

Dated : 29.11.2023

https://www.mhc.tn.gov.in/judis