Madras High Court
Arun Pandian vs The Managing Director on 2 January, 2024
C.M.A. No. 2588 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE K. RAJASEKAR
C.M.A. No. 2588 of 2021
Arun Pandian ... Appellant / Petitioner
Vs.
The Managing Director,
Karnataka Sate Transport Corporation,
Ramnagar Division,
Archakanahalli, Ramnagar. ... Respondent / Respondent
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Award and Decree dated 27.04.2019 passed
in M.C.O.P. No.6607 of 2015 on the file of the Special Sub Judge No.I,
Motor Accident Claims Tribunal, Small Causes Court, Chennai.
For Appellant : Mr. R.J.Radhika
For Respondent : Mr.T.Thiyagarajan
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the claimant
seeking enhancement of compensation awarded in M.C.O.P. No.6607 of
2015, dated 27.04.2019 on the file of the Motor Accident Claims Tribunal,
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Special Sub Judge No.1, Small Causes Court, Chennai.
2. For the sake of convenience, the parties are referred to
hereunder according to their litigative status and ranking before the
Tribunal.
3. The case of the claimant in brief is that he is a cleaner by
profession and that on 24.06.2015, the claimant along with two others have
travelled in the goods vehicle bearing Registration No.KA 01 AD 0295 to
Bangalore via Tiruvannamalai. Due to some noise came in the engine, the
driver stopped the goods vehicle near Vinnavannur Murugan Temple on the
left side of the road. The claimant has also placed trialgular reflector and
also some stones while they were doing repair work. At about 12.40
midnight, a bus bearing Registration No.KA 42 F 1638 belongs to the
respondent Corporation came in the same direction and hit on the rear side
of the goods vehicle which resulted in causing severe injuries to the
claimant. Due to the accident, the claimant has sustained fracture on the left
femur and after treatment, he has come forward with the claim petition
under Section 166(a) of the Motor Vehicles Act, seeking compensation of
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Rs.20,00,000/-.
4. The respondent -Transport Corporation has contested the claim
and disputed the negligent act alleged against the driver of the bus. They
have also disputed the income, age and disability sutained by the claimant
and also the compensation claimed under various heads is on the higher
side. Hence, prays to dismiss the claim petition.
5. After appreciating the evidences placed on record, the Tribunal
has quantified the compensation and awarded a sum of Rs.1,78,750/- as
compensation along with interest at the rate of 7.5% per annum from the
date of claim petition till the date of realisation.
6. Aggrieved over the quantum of compensation awarded by the
Tribunal, moreso, against the award of compensation under the head
disability, the claimant has filed this appeal seeking enhancement of
compensation.
7. The learned counsel for the claimant has submitted that the
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compensation awarded by the Tribunal under the head disability, without
treating the disability as functional disability, which is not proper and being
the cleaner, who suffered fracture on the left femur has impacted with the
claimant's could not continue his earlier avocation, which resulted in loss of
earning capacity. She has also submitted that the compensation awarded
under other heads are also on the lower side and prays to modify the same.
8. The learned counsel for the respondent - Transport Corporation
has submitted that there was no evidence placed on record to show that the
claimant is a cleaner by avocation and except the examination of claimant,
no witnesses were examined to substantiate the claim. The Tribunal has
rightly awarded just compensation and prays to dismiss the appeal.
9. I have considered the submissions made on both sides and also
perused the records.
10. Claimant has given oral evidence stating that he was a cleaner
by profession but no evidence placed on record to show that under whom he
was working as a cleaner or any other corroborative materials produced his
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avocation. He has not even come forward to examine the driver of the goods
vehicle with whom he travelled. The claimant has sustained fracture on the
left femur and it is subsequently healed and the Kilpauk Medical College
Hospital, Chennai, assessed the disability sustained by the claimant as 25%.
There is no evidence to show that due to this injury the claimant has lost his
capacity to continue his earlier avocation i.e., cleaner. The Tribunal after
considering the above fact has held that the claimant has sustained
permanent disability which is not a functional disability and this Court finds
there is no infirmity in the said finding and accordingly the compensation
awarded by the Tribunal under the head disability is proper and the same is
hereby confirmed.
11. The Tribunal has also awarded compensation of Rs.20,000/-
under the head pain and sufferings and awarded a sum of Rs.5,000/- under
the head Transportation charges. This Court is of the view that the
compensation awarded under both heads requires modification and
accordingly, for the head Pain and Sufferings is modified to Rs.30,000/- and
for the head Transportation charges is also modified to Rs.10,000/-
However, the Tribunal has awarded a sum of Rs.32,000/- under the head
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loss of income during treatment period of four months by fixing notional
income of the injured as Rs.8,000/- per month and this Court is of the view
that the same is on the lower side and the same is modified to Rs.12,000/-
per month and accordingly, under the head loss of earnings is modified to
Rs.48,000/- [4x12000]. As far as the compensation awarded by the Tribunal
under other heads are concerned, the same are reasonable and the same are
hereby confirmed.
12. Accordingly, the Award passed by the Tribunal under various
heads are hereby modified as follows:
S. Description Amount Amount Award
No awarded by awarded by confirmed
Tribunal this Court or enhanced
(Rs) (Rs) or reduced
1. Disability Rs.75,000/- Rs.75,000/- Confirmed
2. Pain and sufferings Rs.20,000/- Rs.30,000/- Enhanced
3. Transportation Rs.5,000/- Rs.10,000/- Enhanced
4. Extra Nourishment Rs.15,000/- Rs.15,000/- Confirmed
5 Attender Charges Rs.11,750/- Rs.11,750/- Confirmed
6 Loss Earnings Rs.32,000/- Rs.48,000/- Enhanced
7 Loss of Future Prospects Rs.20,000/- Rs.20,000/- Confirmed
Total Compensation Rs.1,78,750/- Rs.2,09,750/- Enhanced
by
Rs.31,000/-
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13. In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation awarded by the Tribunal at Rs.1,78,750/- is hereby
enhanced to Rs.2,09,750/- [Rupees Two Lakhs Nine Thousand Seven
Hundred and Fifty only] together with interest at the rate of 7.5% per annum
from the date of filing of Claim Petition till the date of deposit, excluding
the default period, if any. The respondent – Transport corporation is
directed to deposit the amount awarded by this Court along with interest and
costs, less the amount already deposited, if any, within a period of six weeks
from the date of receipt of a copy of this Judgment to the credit of
M.C.O.P.No.6607 of 2015 on the file of the Motor Accidents Claims
Tribunal, Special Sub Judge No.1, Small Causes Court, Chennai. On such
deposit, the appellant/claimant is permitted to withdraw the award amount
now determined by this Court along with interest and costs, less the amount
if any, already withdrawn. The Tribunal shall disburse the amount now
awarded by this Court by directly giving credit to the Savings Bank
Account of the appellant/claimant. Since this Court has enhanced the
compensation, the appellant/claimant is directed to pay the necessary Court
fee, if any, on the enhanced compensation. There shall be no order as to
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costs in the present appeal.
02.01.2024
ssi
Index:Yes/No
Speaking Order:Yes/No
Neutral Citation Case: Yes/No
K. RAJASEKAR, J.
ssi
To:
1. The Special Sub Judge-I,
Small Causes Court,
Motor Accident Claims Tribunal,
Chennai.
2. The Section Officer,
V.R.Section,
High Court,
Chennai.
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02.01.2024
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