Madras High Court
D.Velmurugan vs The Managing Director on 11 September, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.253 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.253 of 2023
D.Velmurugan ... Appellant
vs.
The Managing Director,
Tamilnadu State Transport Corporation Ltd.,
(Villupuram Division)
No.3/137, Salamedu Vazhuthareddy,
Villupuram - 605 602. ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Award, dated 30.03.2022 in
M.C.O.P.2438/2015 on the file of the Motor Accident Claims Tribunal, I
Additional District & Sessions Judge, Cuddalore.
For Appellant : Mrs.Ramya V.Rao
For Respondent : Mr.S.S.Santhosh Kumar
JUDGMENT
The appellant is the claimant in M.C.O.P.No.2438/2015 on the
file of the Motor Accident Claims Tribunal, Cuddalore. He filed the claim
petition under Section 166 (1) of the Motor Vehicles Act, 1988, seeking
compensation of Rs.10,00,000/- for the injuries sustained by him in a road
accident which happened on 06.06.2015.
2. The brief case of the appellant / claimant is as follows :
https://www.mhc.tn.gov.in/judis
On 06.06.2015, D.Velmurugan was travelling as a pillion rider
on a bicycle on Semakottai-Salem National highways. When he was
nearing Government High School at Semakottai, a bus bearing
Registration number TN-32-N-4054 belonging to the Tamilnadu State
Transport Corporation, hit the bicycle, as a result of which, the claimant
sustained injuries all over his body. He was immediately rushed to
Government hospital, Panruti, from where he was referred to Government
Hospital, Cuddalore. Subsequently, he got admitted himself as an
inpatient in JIPMER hospital, Pondicherry.
3. According to the claimant, the rash and negligent driving of
the driver of the bus bearing Registration Number TN-32-N-4054
belonging to the respondent Transport Corporation was the cause of the
accident and therefore, the respondent is liable to pay compensation to
them.
4. The Tribunal, after analysing the evidence on record, fastened
negligence on the part of the driver of the bus belonging to the respondent
and awarded compensation of Rs.96,817/- together with interest at the
https://www.mhc.tn.gov.in/judis
rate of 7.5% per annum from the date of petition till the date of realisation,
vide its orders dated 30.03.2022.
5. Aggrieved over the quantum of compensation awarded by the
Tribunal, the appellant / claimant has filed the present appeal under
Section 173 of the Motor Vehicles Act.
6. Heard Mrs.Ramya V.Rao, learned counsel appearing for the
appellants and Mr.S.S.Santhosh Kumar, learned counsel for the second
respondent.
7. A perusal of the records shows that the claimant had
sustained fracture on his Left Orbital bone and dislocation of left hip. The
Medical Board attached to Government Hospital, Cuddalore assessed the
partial permanent disability of the claimant as 14%. Since there is no
functional disability, the compensation of Rs.56,000/- awarded by the
Tribunal towards partial permanent disability cannot be found fault with.
Considering the nature of injuries sustained by the claimant, a sum of
Rs.25,000/- is awarded for pain and sufferings, Rs.10,000/- for loss of
https://www.mhc.tn.gov.in/judis
amenities and Rs.5,000/- for attender's charges.
8. The award passed by the Tribunal under various heads is
modified as stated below:
S.No. Heads Award of the Award of this Court
Tribunal
1 Partial Permanent Rs.56,000/- Rs.56,000/-
Disability at 14% (4,000 X 14%) (4,000 X 14%)
2 Medical Bills Rs.9,817/- Rs.9,817/-
3 Pain and sufferings Rs.10,000/- Rs.25,000/-
4 Transportation Rs.5,000/- Rs.10,000/-
charges
5 Loss of income for the Rs.16,000/- Rs.40,000/-
period of four months (10,000 X 4)
6 Loss of amenities Nil Rs.10,000/-
7 Attender's charges Nil Rs.5,000/-
Total Rs.96,817/- Rs.1,55,817/-
9. Thus, the compensation awarded by the Tribunal is enhanced
to Rs.1,55,817/- 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 to
https://www.mhc.tn.gov.in/judis
Rs.1,55,817/- .
iii. The respondent, the Tamilnadu State Transport Corporation is
directed to deposit the modified compensation amount i.e.
Rs.1,55,817/- (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 within a period of four weeks from
the date of receipt of a copy of this order / uploading of this order to
the credit of M.C.O.P.2438/2015 on the file of the Motor Accidents
Claims Tribunal, I Additional District & Sessions Judge, Cuddalore.
iv. On such deposit being made the claimant is permitted to withdraw
the same with accrued interest and costs, after following due
process of law.
v. The appellants/claimants are not entitled to claim any interest for
the period of delay of 20 days in filing this appeal.
11.09.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
R.HEMALATHA, J.
vum
To
https://www.mhc.tn.gov.in/judis
1.The Motor Accidents Claims Tribunal,
I Additional District & Sessions Judge, Cuddalore
2.The Section Officer, VR Section,
Madras High Court, Chennai.
11.09.2024
(1/2)
https://www.mhc.tn.gov.in/judis
