Madras High Court
Jagadhesan vs The Managing Director on 25 September, 2023
CMA No. 1899 / 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 1899 of 2023
Jagadhesan ... Appellant
Versus
The Managing Director,
Tamil Nadu State Transport Corporation,
Salem Branch – 1, No.12, Ramakrishna Road,
Salem District – 636 007. ... Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.
No. 87 of 2013 dated 15.03.2023 on the file of the Motor Accidents
Claims Tribunal / Subordinate Judge, Sangagiri.
For Appellant : Mr. T.S. Arthanareeswaran.
For Respondent : Mr. D. Nitin.
JUDGMENT
The claimant has preferred the instant appeal seeking enhancement
of compensation in the award passed by the Tribunal in M.C.O.P.
No. 87 of 2013 dated 15.03.2023.
https://www.mhc.tn.gov.in/judis
CMA No. 1899 / 2023
2.The appellant filed the claim petition stating that on 13.03.2012
at about 07.45 p.m., while he was riding his two wheeler in a public road,
a bus belonging to the respondent came in a rash and negligent manner
and hit the vehicle of the appellant, as a result of which the appellant
sustained grievous injuries.
3.The respondent filed a counter stating that the accident took
place due to the negligence of the appellant; and that in any case, the
compensation claimed was excessive and prayed for dismissal of the
appeal.
4.The appellant examined himself as PW1 and marked Ex.P.1 to
Ex.P.6. The respondent examined its driver as RW1 and marked Ex.R.1.
5.The Tribunal after taking into consideration the oral and
documentary evidence held that the accident took place due to the rash
and negligent driving of the driver of the bus insured with the second
respondent and directed the respondent to pay a compensation of
Rs.2,56,620/- to the appellant.
https://www.mhc.tn.gov.in/judis
CMA No. 1899 / 2023
6.The learned counsel for the appellant submitted that the appellant
sustained nearly eight injuries out of which six injuries were grievous in
nature as per the discharge summary issued by the hospital which is
marked as Ex.P.5. The learned counsel further submitted that no amount
was awarded under the head Attender Charges and compensation under
the other heads are also meagre and prayed for enhancement.
7.Mr. D. Nitin, learned counsel took notice for the respondent and
submitted that the appellant had not produced any document to show the
disability suffered by him and he was not subjected to examination by
Medical Board. In such circumstances, the compensation awarded by the
Tribunal is just and reasonable and prayed for dismissal of the appeal.
8.The only question that arises for consideration in the instant
appeal is whether the compensation awarded by the Tribunal is just and
reasonable.
9.On perusal of the award passed by the Tribunal, it is seen that the
appellant had sustained eight injuries as per Ex.P.5 discharge summary
https://www.mhc.tn.gov.in/judis
CMA No. 1899 / 2023
issued by the hospital which treated the appellant. Out of the said
injuries, six injuries were found to be grievous in nature. Since the
appellant was not subjected to examination by Medical Board and had
not produced disability certificate issued by any Doctor, the Tribunal
awarded a sum of Rs.50,000/- under the head Grievous injuries for the
injuries suffered by the appellant. This Court is of the view that
considering the nature of injuries, the compensation awarded under the
said head can be enhanced to Rs.75,000/-. Further, the compensation
awarded under the head Pain and sufferings is meagre and the same is
enhanced to Rs.1,00,000/- considering the injuries suffered by the
appellant. It is also seen that the appellant was in the hospital for nearly
twelve days. However, the Tribunal had not awarded any compensation
under the head Attender Charges. Hence, Rs.10,000/- is awarded under
the said head. The award under the other heads are just and the same are
confirmed. Thus, the award of the Tribunal is modified as follows;
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Grievous injuries 50,000 75,000 Enhanced
2. Pain and sufferings 75,000 1,00,000 Enhanced
3. Extra nourishment 15,000 15,000 Confirmed
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CMA No. 1899 / 2023
4. Transportation 5,000 5,000 Confirmed
5. Medical Expenses 1,11,620 1,11,620 Confirmed
6. Attender Charges --- 10,000 Granted
Total 2,56,620 3,16,620 Enhanced by
Rs.60,000/-
10.With the above modification, this Civil Miscellaneous Appeal is
partly allowed and the compensation awarded by the Tribunal at
Rs.2,56,620/- is hereby enhanced to Rs.3,16,620/- 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 eight
(8) weeks from the date of a receipt of copy of this Judgment. On such
deposit, the appellant is permitted to withdraw the award amount along
with interest and costs, 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.
25.09.2023
ay
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
https://www.mhc.tn.gov.in/judis
CMA No. 1899 / 2023
SUNDER MOHAN, J
ay
To
1. Motor Accidents Claims Tribunal /
Subordinate Judge, Sangagiri.
2.The Section Officer,
V.R. Section,
High Court of Madras,
Chennai.
C.M.A. No. 1899 of 2023
Dated: 25.09.2023
https://www.mhc.tn.gov.in/judis
