S.Sekar vs The Managing Director
2023 Latest Caselaw 15265 Mad

Madras High Court

S.Sekar vs The Managing Director on 29 November, 2023

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                            C.M.A No.397 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED:29.11.2023

                                                      CORAM

                                         MR.JUSTICE N.SESHASAYEE

                                              C.M.A.No.397 of 2022


                     S.Sekar                                                ... Appellant


                                                         Vs.


                     The Managing Director
                     Tamilnadu State Transport Corporation (Vpm-Divn.I)
                     Villupuram-605 602.
                                                                             ... Respondent

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Acct, 1988, seeking enhancement of compensation in
                     MCOP.No.2624 of 2018 on the file of the Motor Accidents Claims
                     Tribunal, (In the Chief Judicial Magistrate, Cuddalore), dated
                     08.11.2021.


                                   For Appellant        : Ms.Ramya V. Rao

                                   For Respondent       : Mr.S.S.Santhosakumar
                                                          Government Standing Counsel
                                                          for TNSTC


https://www.mhc.tn.gov.in/judis
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                                                                               C.M.A No.397 of 2022



                                                    JUDGMENT

The claimant in MCOP.No.2624 of 2018 on the file of Motor Accident

Claims Tribunal/Chief Judicial Magistrate, Cuddalore has now

approached this Court with this appeal seeking enhancement of

compensation for the injury he has suffered in a road accident while he

was driving his car bearing Regn.No.PY 01 CF 5184, when a bus bearing

Regn.No.TN 32 N 2420 belonging to the respondent Corporation dashed

on the car. The accident had taken place on 31.01.2018 at around 16.25

hours. In the accident, the petitioner had suffered fracture to his right

tibia and right ankle. He was hospitalized in four phases for a total period

of 36 days. The medical board has fixed his disability at 12% and the

Tribunal has awarded compensation for permanent disability at Rs.3000/-

for every percentage of disability. The break up of the award is as below:

Sl. No. Description Amount awarded by Tribunal (Rs)

1. Disability 36,000/-

2. Loss of Income 42,000/-

3. Pain and 50,000/-

suffering

4. Medical expenses 5,000/-

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

5. Extra 10,000/-

nourishment

6. Damage to 2,000/-

clothes

7. Travel expenses 10,000/-

8. Attender Charges 24,000/-

Grand Total 1,79,000/-

Aggrieved by the perceived inadequacy of the compensation awarded,

the appellant is before this Court.

2.The learned counsel for the appellant submitted that the Tribunal is

unrealistic in fixing the compensation under each of the heads herein

above indicated. This apart, it also ignored to award any compensation

for loss of amenities. The learned counsel also added that the victim is

about 51 years old at the time of the accident and the injury is severe,

which has literally disabled his mobility. On this head, nothing was

given for loss of amenities.

3.Heard Ms.Ramya V.Rao, the learned counsel for the petitioner and

Mr.S.S.Santhosa Kumar, the learned Government Standing Counsel for

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

the respondent.

4.This Court fixes Rs.10,000/- as notional income of the victim and

Rs.5,000/- is fixed per percent of disability, which arrives at Rs.60,000/-.

The award of the Tribunal under other conventional heads are modified

as hereunder:

Sl. Description Amount Amount Award No awarded by awarded by confirmed or Tribunal this Court enhanced or granted

1. Disability Rs.36,000/- Rs.60,000/- enhanced (Rs.5,000 for each percent) =5,000 x 12

2. Loss of Rs.42,000/- Rs.60,000/- enhanced Income (Rs.10,000/-per month x 6)

3. Pain and Rs.50,000/- Rs.75,000/- enhanced suffering

4. Medical Rs.5,000/- Rs.5,000/- confirmed expenses

5. Extra Rs.10,000/- Rs.20,000/- enhanced nourishment

6. Damages to Rs.2,000/- Rs.2,000/- confirmed clothes

7. Travel Rs.10,000/- Rs.30,000/- enhanced https://www.mhc.tn.gov.in/judis

expenses

8. Attender Rs.24,000/- Rs.24,000/- confirmed charges

9. Loss of -- Rs.50,000/- granted amenities Grand Total Rs.1,79,000/- Rs.3,26,000/- Enhanced by Rs.1,47,000/-

5.The appeal stands allowed and the compensation is enhanced from

Rs.1,79,000/- to Rs.3,26,000/-. The respondent is now required the

deposit the entire sum with interest at 7.5% per annum from the date of

the claim petition till the date of deposit, less any amount already

deposited, within the period of twelve (12) weeks from the date of receipt

of a copy of this judgment. On such deposit being made, the appellant

is permitted to withdraw the award amount, along with proportionate

interest and costs as awarded by the Tribunal, less, the amount, if any

already withdrawn. The appellant is directed to pay the necessary Court

Fee, if any, on the enhanced award amount. No Costs.

29.11.2023

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

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

N.SESHASAYEE, J.

Anu

To The Motor Accidents Claims Tribunal, (In the Chief Judicial Magistrate, Cuddalore)

29.11.2023

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