Madras High Court
Poongavanam vs The Managing Director on 19 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.1428 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1428 of 2024
Poongavanam .... Appellant
vs.
The Managing Director
Metropolitan Transport Corporation 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 17.04.2023 in
M.A.C.T.O.P.5608/2017 on the file of the Motor Accident Claims
Tribunal, IV Court of Small Causes, Chennai.
For Appellant : Ms. A. Subadra
Respondent : Mr. Murali Vinodh
JUDGMENT
The appellant is the claimant in M.A.C.T.O.P.5608/2017 on the
https://www.mhc.tn.gov.in/judis
file of the Motor Accident Claims Tribunal, IV Court of Small Causes,
Chennai, and she filed the claim petition under Section 166 of the Motor
Vehicles Act, 1988 and Rule 3 of M.A.C.T Rules, seeking compensation
of Rs.35,00,000/- for the injuries sustained by her in a road accident that
took place on 02.01.2017.
2. The case of the claimant is that on 02.01.2017, she was
travelling as a passenger in a bus bearing Registration Number TN 01 N
7392, belonging to the Metropolitan Transport Corporation, and when she
was alighting from the bus in the Ice House Bus stop,the driver of the bus
suddenly moved the bus as a result of which she fell down and sustained
injuries all over her body. She was immediately rushed to Government
Hospital, Royapettah, where she was admitted as an inpatient for 16 days.
2.1. According to the claimant, the rash and negligent driving
of the driver of the bus bearing Registration Number TN 01 N 7392
belonging to the Metropolitan Transport Corporation was the cause of the
accident and therefore they are liable to pay compensation to her.
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3. The respondent Metropolitan Transport Corporation resisted
the claim petition by filing its counter.
4. The Tribunal, after analysing the evidence on record,
fastened negligence on the part of the driver of the bus bearing
Registration Number TN 01 N 7392 and directed the respondent
Metropolitan Transport Corporation to pay compensation of 3,29,000/- 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.
5. Aggrieved over the quantum of compensation, the claimant
has filed the present appeal under Section 173 of the Motor Vehicles Act,
6. Heard Ms.A.Subadra, learned counsel appearing for the
appellant and Mr.R. Murali Vinodh, learned counsel appearing for the
respondent Metropolitan Transport Corporation.
https://www.mhc.tn.gov.in/judis
7. Ms.A.Subadra learned counsel for the appellant contended
that the Award passed by the Tribunal is not commensurate with the
injuries sustained by the claimant. She, therefore, prayed for
enhancement of compensation.
8. Per contra, Mr.R.Murali Vinodh, learned counsel appearing
respondent/Metropolitan Transport Corporation contended that the
Tribunal, after analysing the evidence on record, had awarded just
compensation and therefore the same need not be disturbed in the present
appeal.
9. A perusal of the records shows that the claimant sustained
fracture on her neck of femur and the Medical Board attached to
Government Royapettah Hospital, Chennai, assessed the partial
permanent disability of the claimant as 50%. Since there is no functional
disability, the Tribunal fixed a sum of Rs.5,000/- per percentage of
disability and awarded a sum of Rs.2,50,000/- towards partial permanent
disability. Considering the age of the claimant and the year of accident, a
https://www.mhc.tn.gov.in/judis
sum of Rs.7,000/- per percentage of disability is awarded. Hence, a sum
of Rs.3,50,000/- is awarded towards partial permanent disability.
9.1. According to the claimant she was working as a housemaid
earning a sum of Rs.12,000/- per month and that she was unable to attend
to her routine work for several months on account of the accident.
Considering the nature of injuries, a sum of Rs.36,000/- (12,000x3) is
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.
S.No. Description Amount Amount
awarded by awarded by this
Tribunal (Rs.) Court (Rs.)
1. Partial permanent 2,50,000/- 3,50,000/-
disability (50x5000) (50x7000)
2. Pain and sufferings 25,000/- 25,000/-
3. Transportation 5,000/- 10,000/-
charges
4. Extra nourishment 10,000/- 15,000/-
5. Damages to clothes 1,000/- 1,000/-
https://www.mhc.tn.gov.in/judis
S.No. Description Amount Amount
awarded by awarded by this
Tribunal (Rs.) Court (Rs.)
6. Attender charges 8,000/- 10,000/-
7. Loss of Amenities 30,000/- 30,000/-
8. Loss of income - 36,000/-
(12000x3)
Total 3,29,000/- 4,77,000/-
9.3. Thus, the compensation awarded by the Tribunal is
enhanced to Rs.4,77,000/- that 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
Rs.4,77,000/-.
iii. The appellant / claimant is directed to pay court fee for the
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,
https://www.mhc.tn.gov.in/judis
is directed to deposit the enhanced compensation amount of
Rs.4,77,000/- (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.A.C.T.O.P.5608/2017 on the file of the Motor Accident Claims
Tribunal, IV Court of Small Causes, Chennai, within a period of
four weeks from the date of receipt of a copy of this
order/uploading 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.
vi. The appellant/claimant is not entitled to claim any interest for the
period of delay of 143 days in filing this appeal.
19.09.2024
Index : Yes/No
Speaking/Non-speaking order
bga
https://www.mhc.tn.gov.in/judis
To
1. Motor Accident Claims Tribunal, IV Court of Small Causes, Chennai.
2. The Managing Director
Metropolitan Transport Corporation 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
19.09.2024
https://www.mhc.tn.gov.in/judis
