Madras High Court
Kannan vs The Managing Director on 11 September, 2023
C.M.A.No.2080 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
C.M.A.No.2080 of 2023
Kannan ... Appellant
Versus
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
No.3/137, Salamedu, Vazhuthareddy,
Villupuram ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the judgment and decree dated 09.10.2018
passed in M.A.C.T.O.P.No.830 of 2017, on the file of the Motor
Accident Claims Tribunal, Special Sub Court, Tiruvannamalai.
For Appellant : Mr.S.Vasumathi
For Respondent : S.S.Santhosakumar
JUDGMENT
This appeal has been filed by the claimant seeking enhancement of
compensation awarded by the Tribunal in M.A.C.T.O.P.No.830 of 2017,
dated 09.10.2018.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2080 of 2023
2.The appellant filed the claim petition stating that on 07.02.2013
at about 07.50 a.m., while he tried to get down from the bus belonging to
the respondent Corporation at the bus stop, the driver of the bus started
the bus in a rash and negligent manner; that as a result of which, he fell
down and sustained multiple fractures in the left foot, left ankle and
injuries all over the body; and that hence, he was entitled for
compensation.
3.The respondent resisted the said claim petition stating that the
appellant got down from the running bus and invited the accident; that
therefore, the respondent was not liable to pay any compensation; that in
any case, the claim made by the appellant was excessive and
disproportionate to the loss caused due to the accident and prayed for
dismissal of the claim petition.
4.The appellant examined himself as P.W.1 and marked as Ex.P1
to Ex.P5 on his side. The respondent examined RW1/driver of the bus
and did not mark any document.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2080 of 2023
5.The Tribunal on consideration of the evidence on record,
awarded the compensation of Rs.1,25,000/- to the appellant.
6.The learned counsel for the appellant submitted that the Medical
Board had found that the injuries are grievous in nature and assessed the
disability as 20% partial permanent disability; that the Tribunal therefore,
ought to have adopted multiplier method to award compensation and
prayed for enhancement of compensation.
7.The learned counsel for the respondent per contra submitted that
the appellant had neither proved the avocation nor the income and hence
the Tribunal was right in holding that the functional disability was not
established by the appellant and awarded compensation by adopting
percentage method and hence, prayed for dismissal of the appeal.
8.The only question involved in the instant appeal is whether the
compensation awarded by the Tribunal is just and reasonable?
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C.M.A.No.2080 of 2023
9.On perusal of records, it is seen that the appellant sustained
fractures in the left foot and the Metatarcel bone and the Medical Board
assessed disability as 20% partial permanent disability. The appellant
had deposed that he was working as a mason. Considering the nature of
the injuries, age and avocation of the appellant, this Court is of the view
that the appellant would have suffered functional disability and the same
can be assessed as 10%. The appellant had not produced any proof of his
income. Considering the age and year of accident, this Court is of the
view that it would be just and reasonable to fix the notional income at
Rs.9000/- per month. The appellant was aged about 63 years at the time
of accident and the multiplier applicable is 7. Thus, the appellant would
be entitled to compensation under the head disability in the following
manner:-
Rs.9,000/- X 12 X 7 X 10/100 = Rs.75,600/-.
The amount awarded by the Tribunal under the other heads is just and
reasonable and is confirmed. Thus, the award of the Tribunal is modified
as follows:
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C.M.A.No.2080 of 2023
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Disability 60,000 75,600 Enhanced
2. Pain and Sufferings 25,000 25,000 Confirmed
3. Loss of earning 30,000 30,000 Confirmed
during the treatment
period
4. Transportation 5,000 5,000 Confirmed
5. Extra Nourishment 5,000 5,000 Confirmed
Total 1,25,000 1,40,600 Enhanced by
Rs.15,600/-
10.With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.1,25,000/- is hereby enhanced to Rs.1,40,600/- together with interest
at 7.5% per annum (excluding the default period, if any) from the date of
petition till the date of deposit. The respondent is directed to deposit the
award amount now determined by this Court along with interest and
costs, less the amount already deposited, if any, within a period of six (6)
weeks from the date of a receipt of copy of this Judgment. On such
deposit the appellant is permitted to withdraw the entire award amount.
Further, the appellant is not entitled to the interest for the delay period of
1291 days as ordered by this Court in C.M.P No.9844 of 2022 in
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C.M.A.No.2080 of 2023
C.M.A.Sr.No.61716 of 2022. The appellant is directed to pay the
necessary Court fee, if any on the enhanced award amount. No costs.
11.09.2023
rst/dpa
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To:
1.The Special Sub Court,
The Motor Vehicle Accident Tribunal,
Tiruvannamalai.
2.The Section Officer,
VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2080 of 2023
https://www.mhc.tn.gov.in/judis
C.M.A.No.2080 of 2023
SUNDER MOHAN, J.
rst/dpa
C.M.A.No.2080 of 2023
11.09.2023
https://www.mhc.tn.gov.in/judis
