Madras High Court
Managing Director vs P.Sundaravadivel on 16 October, 2024
C.M.A.(MD) No.1325 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
C.M.A.(MD) No.1325 of 2024
and
C.M.P.(MD)No.14203 of 2024
Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Periya Milaguparai, Trichy. ... Appellant
Vs.
1.P.Sundaravadivel,
2.N.Amuthakumar,
3.Iffco Tokio General Insurance Co. Ltd.,
Sri Nivasam Arcade,
No.9/4, 1st Floor, Advaidha Asramam Road,
Salem, Tamil Nadu. ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the award dated 21.09.2023 passed in
M.C.O.P.No.78 of 2021, on the file of the Motor Accidents Claims
Tribunal/Special Sub Judge, Trichy.
For Appellant : Mr.K.Ramaiah
For Respondents
for R1 : Mr.D.Boopal
for R2 : Dispensed with
for R3 : Mr.V.Sakthivel
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Page No. 1 of 6
C.M.A.(MD) No.1325 of 2024
*****
JUDGMENT
1. The instant appeal has been filed by the Transport Corporation
challenging the quantum of compensation awarded by the Tribunal.
2. The findings on negligence and liability are not under challenge.
Hence, the facts leading to the filing of the claim petition are unnecessary
for the disposal of this appeal.
3. The learned counsel for the appellant submitted that the first
respondent/victim had suffered injuries with fractures and the medical
board has assessed disability as 25%; and that the Tribunal had awarded
excess compensation under the head loss of income, pain and sufferings
and future medical expenses and hence prayed for reduction of the
compensation.
4. The learned counsel for the first respondent/claimant submitted
that the claimant had suffered fracture in the shaft of humerus left,
comminuted fracture 1st metatarsal right and therefore, the award of the
compensation is just and reasonable and hence the award may be
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confirmed.
5. The learned counsel for the third respondent also submitted that
the award may be confirmed.
6. The second respondent is the driver of the appellant/Corporation
and since he is not a necessary party, notice to the second respondent is
dispensed with.
7. The only point for consideration in the instant appeal is ‘whether
the quantum of compensation awarded by the Tribunal is just and
reasonable?’
8. Admittedly, the first respondent has suffered with a fracture in
the shaft of humerus left, comminuted fracture 1st metatarsal right hand.
He had also undergone surgeries for treatment of the above fractures and
he had spent Rs.1,18,308/- towards the medical treatment and he also was
treated as an inpatient for 4 days. Because of the fracture, he could not
pursue his avocation for four months. Considering the nature of the
injuries and the year of the accident, the Tribunal had awarded Rs.
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56,400/- under the head ‘loss of income’ by fixing the notional income as
Rs.14,100/- p.m. This Court finds that the said compensation awarded by
the Tribunal is reasonable. Similarly, the compensation under the head
‘pain and sufferings’ at Rs.75,000/- is reasonable, considering the injuries.
The Tribunal had also noted that because of the surgeries, in which the
plates and screws were fixed, the first respondent would incur expenses
for removal and also towards physiotherapy treatment. Hence, the finding
of the Tribunal is reasonable and no interference is called for and the
compensation awarded by the Tribunal deserves to be confirmed and
hence confirmed.
9. The appellant/Transport Corporation is liable to pay
Rs.4,66,708/- (Rupees Four Lakhs Sixty Six Thousand Seven Hundred
and Eight only), together with interest at 7.5% p.a. from the date of the
claim petition till the date of realization (excluding the period of dismissal
for default if any) and proportionate costs, less the amount already
deposited, if any, within a period of twelve (12) weeks from the date of
receipt of a copy of this order.
10. On such deposit, the first respondent/claimant is permitted to
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withdraw the award amount with interest and costs, less the amount
already withdrawn, if any, by filing appropriate application before the
Tribunal.
11. In the result, this Civil Miscellaneous Appeal is dismissed,
without being admitted. No costs. Consequently, connected miscellaneous
petition is closed.
16.10.2024
Index: Yes/ No
NCC: Yes / No
Speaking Order / Non-Speaking Order
apd
To:
1.The Motor Accidents Claims Tribunal/Special Sub Judge, Trichy.
2.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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SUNDER MOHAN, J.
apd
16.10.2024
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