Madras High Court
Raj vs S.Chandran on 20 November, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
C.M.A.No.4394 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.4394 of 2019
Raj ... Appellant
Vs.
1.S.Chandran
2.Tamil Nadu State Transport Corporation Limited,
having office at:
Chennimalai Road,
Erode. ... Respondents
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to against the judgment and decree rendered by
the Tribunal in M.C.O.P.No.153 of 2009 dated 30.04.2010 on the file
of Court of the Motor Vehicle Accidents Claims Tribunal, Perundurai
(Subordinate Judge's Court) and to allow the civil miscellaneous
appeal.
For Appellant : Mr.V.Kadhirvelu
For Respondents : R1 – No Appearance
Mr.Murali Vinod for R2
JUDGMENT
This appeal has been filed by the appellant/ claimant
https://www.mhc.tn.gov.in/judis
challenging
the judgment and decree passed in M.C.O.P.No.153 of 2009 dated
30.04.2010 by the Motor Vehicle Accidents Claims Tribunal,
Perundurai (Subordinate Judge's Court).
2.The learned counsel appearing for the appellant submitted
that on 19.03.2009 at about 20.10 hours, the appellant was walking
along Nallampatty to Nasiyanur Road in West to East near Ravi
Bakery. At that time, the a bus bearing Registration No.TN 33 N 1305
which came from West to East in a rash and negligent manner dashed
behind the appellant, due to which, the appellant sustained injuries.
3.The learned counsel appearing for the appellant further
submitted that the injured claimant/ appellant filed claim petition
before the Motor Accidents Claims Tribunal, claiming a sum of
Rs.3,10,000/- as compensation. After adjudication, the Tribunal
awarded a sum of Rs.1,71,632/- as compensation along with interest
at the rate of 7.5% per annum from the date of filing of the petition
till the date of realization with costs. Aggrieved by the same, the
claimant has preferred this appeal seeking enhancement in
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compensation.
4.The learned counsel appearing for the appellant further
submitted that the second respondent Transport Corporation filed
appeal before this Court in C.M.A.No.845 of 2011 as against the
impugned award claiming that the Transport Corporation is not liable
to pay compensation and the said appeal was dismissed by this Court
on 26.04.2021. The learned counsel further submitted that though
the Doctor assessed the disability of the claimant as 30%, the
Tribunal took into consideration the disability as 15% and awarded a
meagre compensation to the claimant and hence, the appellant is
entitled for enhanced compensation.
5.Per contra, the learned counsel appearing for the second
respondent Transport Corporation submitted that though the appeal
filed by the second respondent was dismissed by this Court, the
appellant is not entitled for enhancement in compensation since the
Tribunal after considering all the factual aspects, awarded the
compensation which is just and reasonable.
6.Heard the learned counsel appearing for the appellant as well
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as the learned counsel appearing for the second respondent and
perused the materials available on record.
7.The accident and the manner in which the accident happened
are not disputed. This appeal has been filed only questioning
the quantum of compensation. Hence, there is no need for any
discussion with regard to negligence aspect.
8.The tribunal after elaborately discussing the factual aspects
awarded a sum of Rs.8,000/- for partial loss of earning, Rs.2,400/-
for transport to hospital, Rs.2,000/- for extra nourishment, Rs.1,000/-
for damage to clothing and articles, Rs.45,232/- for medical
expenses, Rs.5,000/- for pain and sufferings, Rs.1,08,000/- for
continuing as permanent disability and loss of earning power and
arrived at a total compensation of Rs.1,71,632/- with interest at the
rate of 7.5% p.a. from the date of filing of the petition till the date of
realization.
9.The Tribunal ought to have followed the decision of the
Hon'ble Apex Court reported in (2011) 1 SCC 343 [Raj Kumar Vs.
Ajay Kumar and Ors.], however, without following the guidelines
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issued in the said decision, the Tribunal mechanically passed the
award by applying multiplier method, which is not sustainable one.
10.The Doctor assessed the disability of the injured claimant as
30% disability. At the relevant point of time Rs.3,000/- per
percentage of disability was awarded. Hence, the amount awarded
for continuing as permanent disability and loss of earning power
works out to Rs.90,000/- [30% X Rs.3,000/- = Rs.90,000/-].
11.The amount awarded under the heads damage to clothing
and articles, Rs.45,232/- for medical expenses, in the opinion of this
Court are just and reasonable and the same are confirmed. The
amount awarded under the heads partial loss of earning, transport to
hospital, extra nourishment, pain and sufferings, in the opinion of this
Court are low and this Court is inclined to enhance the amount
awarded under the said heads. Accordingly, the amount awarded for
partial loss of earning is enhanced to Rs.18,000/- from Rs.8,000/-,
the amount awarded for transport to hospital is enhanced to
Rs.5,000/- from Rs.2,400/-, the amount awarded for extra
nourishment is enhanced to Rs.15,000/- from Rs.2,000/-, the amount
https://www.mhc.tn.gov.in/judis
awarded for pain and sufferings is enhanced to Rs.25,000/- from
Rs.5,000/-.
12.Accordingly, the compensation amount is re-assessed as
follows:
S.No. Description Amount Awarded Amount Awarded
by the Tribunal by this Court
1. Partial loss of earning Rs. 8,000/- Rs. 18,000/-
2. Transport to hospital Rs. 2,400/- Rs. 5,000/-
3. Extra nourishment Rs. 2,000/- Rs. 15,000/-
4. Damage to clothing and articles Rs. 1,000/- Rs. 1,000/-
5. Medical expenses Rs. 45,232/- Rs. 45,232/-
6. Pain and sufferings Rs. 5,000/- Rs. 25,000/-
7. Continuing as permanent Rs.1,08,000/- Rs. 90,000/-
disability and loss of earning
power
Total Rs.1,71,632/- Rs.1,99,232/-
13.The appellant/ claimant is entitled to total compensation of
Rs.1,99,232/- along with interest at the rate of 7.5% p.a. from the
date of filing of the petition till the date of realization.
14.The civil miscellaneous appeal is partly allowed. The
judgment and decree passed in M.C.O.P.No.153 of 2009 dated
https://www.mhc.tn.gov.in/judis
30.04.2010 by the Motor Vehicle Accidents Claims Tribunal,
Perundurai (Subordinate Judge's Court), is modified to the above
extent.
15.The second respondent Transport Corporation is directed to
deposit the modified/ enhanced award amount before the Tribunal
within a period of six weeks from the date of receipt of a copy of this
judgment. On such deposit being made, the appellant is permitted to
withdraw the entire modified/ enhanced award amount with accrued
interest and proportionate costs, after deducting the amount already
withdrawn, if any, on making proper and necessary application before
the Tribunal. The appellant/ claimant shall not be entitled to any
interest for the period of delay, if any, in filing the appeal. The
appellant/ claimant is directed to pay the requisite Court fee for the
enhanced compensation amount, if required. The Tribunal, shall
disburse the enhanced amount upon production of certified copy
showing proof of payment of Court fee by the appellant/ claimant.
16.The civil miscellaneous appeal is partly allowed. No costs.
20.11.2024
pri
https://www.mhc.tn.gov.in/judis
Note: Issue order copy on or before 27.11.2024.
Index: Yes/ No
Speaking Order: Yes/ No
NCC: Yes/ No
To
1.The Motor Vehicle Accidents Claims Tribunal,
Perundurai (Subordinate Judge's Court).
M.DHANDAPANI,J.
pri
https://www.mhc.tn.gov.in/judis
20.11.2024
https://www.mhc.tn.gov.in/judis
