Madras High Court
G. Kamaraj vs The Managing Director on 4 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2157 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2157 of 2024
G. Kamaraj .... Appellant
vs.
The Managing Director,
MTC Limited,
Pallavan House, Anna Salai,
Chennai 600 002. ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 24.11.2023 in
M.C.O.P.4070/2021 on the file of the Special Subordinate Court No.II,
Motor Accidents Claims Tribunal, Court of Small Causes, Chennai.
For Appellant : Mr. R. Mohan Babu
Respondent : Mr. M. Murali Vinoth
1/9
https://www.mhc.tn.gov.in/judis
CMA.No.2157 of 2024
JUDGMENT
The appellant is the claimant in M.C.O.P.4070/2021 on the file
of the Special Subordinate Court No.II, Motor Accidents Claims Tribunal,
Court of Small Causes, Chennai, and he filed the claim petition under
Section 166(1) of the Motor Vehicles Act, 1988 seeking compensation of
Rs.26,00,000/- for the injuries sustained by him in a road accident that
took place on 26.08.2021.
2. The case of the claimant is that on 26.08.2021 he was riding
his motorcycle bearing Registration Number TN-20-BP-5924 on
Koyambedu 100 feet Road. When he was nearing Vignesh TAT
Transport, a bus belonging the Metropolitan Transport Corporation
bearing Registration Number TN-01-AN-3282, came in the opposite
direction and hit him as a result of which he fell down and sustained
injuries all over his body. He was immediately rushed to the hospital.
2.1. According to the claimant, the rash and negligent driving of
the driver of the Metropolitan Transport Corporation bus bearing
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Registration Number TN-01-AN-3282, was the cause of the accident and
therefore, they are liable to pay compensation to him.
3. The second respondent Transport Corporation contested the
claim petition by filing its counter.
4. The Tribunal, after analysing the evidence on record,
directed the respondent Transport Corporation to pay compensation of
Rs.8,20,000/- to the appellant/claimant together with interest at the rate of
7.5% per annum from the date of the petition till the date of realisation,
vide its orders dated 24.11.2023.
5. Aggrieved over the quantum of compensation awarded by the
Tribunal, the claimant has filed the present appeal under Section 173 of
the Motor Vehicles Act, 1988.
6. Heard Mr. Mohan Babu, learned counsel for the appellant
and Mr.S. Murali Vinth, learned counsel for the respondent/Transport
Corporation.
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7. Mr. R. Mohan Babu, learned counsel for the appellant
contended that though the claimant sustained 40% of partial permanent
disability, the Tribunal had not awarded just compensation. He therefore
prayed for overall enhancement of compensation.
8. Per contra, Mr. M. Murali Vinoth, learned counsel appearing
respondent/Transport Corporation contended that the Award passed by
the Tribunal is based on the well laid down principles of law which were
in vogue at the time of passing of the order and therefore, the same need
not be disturbed.
9. In the instant case, the claimant was working as a Sub
Inspector of Police and he sustained the following injuries as per the
Discharge summary (Ex.P4).
"Fracture left proximal humerus.
Comminuted fracture left scapula.
D4 vertebral fracture.
Left side multiple rib fracture with minimal haemo-pneumo
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thorax."
The Medical Board attached to Government Stanley Medical College
Hospital, Chennai, has assessed the partial permanent disability of the
claimant as 40%. The Tribunal has awarded Rs.5,000/- per percentage of
disability since there was no functional disability. The age of the claimant
was 57 years and the accident took place in the year 2021. Considering
the same, awarding Rs.7,000/- per percentage would meet the ends of
justice.
9.1. Mr. R. Mohan Babu, learned counsel for the appellant
contended that the claimant was on medical leave for about six months
and therefore, his salary for six months should be paid as compensation.
It is seen from the records that the claimant was sanctioned medical leave
for six months by the concerned authorities. Therefore, no amount can be
awarded towards loss of income.
9.2. The following tabular column would show the amount
awarded by the Tribunal and the enhanced amount awarded by this Court
under various heads.
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S.No. Description Amount Amount
awarded by awarded by this
Tribunal (Rs.) Court (Rs.)
1. Disability 2,00,000/- 2,80,000/-
(40x5000) (40x7000)
2. Pain and sufferings 40,000/- 50,000/-
3. Loss of Income - -
4. Medical expenses 5,51,000/- 5,51,000/-
5. Attender charges 4,000/- 10,000/-
6. Transportation 5,000/- 5,000/-
charges
7. Loss of amenities 10,000/- 10,000/-
8. Extra nourishment 10,000/- 10,000/-
Total 8,20,000/- 9,16,000/-
9.3. Thus, the compensation awarded by the Tribunal is
enhanced from Rs.8,20,000/- to Rs.9,16,000/- which would carry interest
at the rate of 7.5% per annum.
10. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.8,20,000/- to Rs.9,16,000/- .
iii. The appellant / claimant is directed to pay court fee for the
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enhanced compensation amount, if any, and the Registry is directed
to draft the decree only after receipt of Court fee.
iv. The Respondent, the Metropolitan Transport Corporation Limited,
Chennai, is directed to deposit the enhanced compensation amount,
i.e., Rs.9,16,000/- (less the amount already deposited) together with
interest at the rate of 7.5% per annum from the date of claim
petition till the date of deposit to the credit of M.C.O.P.4070 / 2021
on the file of the Special Subordinate Court No.II, Motor Accidents
Claims Tribunal, Court of Small Causes, Chennai, within a period
of four weeks from the date of receipt of a copy of this order.
v. On such deposit being made, the appellant/claimant is at liberty to
withdraw the same, after following due process of law.
04.09.2024
Index : Yes/No
Speaking/Non-speaking order
bga
To
1. Special Subordinate Court No.II, Motor Accidents Claims Tribunal,
https://www.mhc.tn.gov.in/judis
Court of Small Causes, Chennai
2. The Managing Director
MTC Limited
Pallavan House, Anna Salai,
Chennai 600 002
3. The Section Officer, VR Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
bga
04.09.2024
https://www.mhc.tn.gov.in/judis
