The Managing Director vs Perumal
2024 Latest Caselaw 18858 Mad

Madras High Court

The Managing Director vs Perumal on 25 September, 2024

                                                                        C.M.A.(MD) No.1020 of 2024

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 25.09.2024

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE SUNDER MOHAN

                                           C.M.A.(MD) No.1020 of 2024
                                                     and
                                           C.M.P.(MD)No.10815 of 2024

                    The Managing Director,
                    Tamil Nadu State Transport Corporation Ltd.,
                    Office at No.2, Trivandrum Road,
                    Vannarpettai, Tirunelveli.                                 ... Appellant

                                                          Vs.

                    Perumal.                                                   ... Respondent

                    Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                    Vehicles Act, 1988, to set aside the order passed in M.C.O.P.No.345 of
                    2023 dated 26.02.2024 on the file of the Motor Accidents Claims
                    Tribunal cum Special Sub Court, Tirunelveli.
                                   For Appellant            : Mr.S.Micheal Heldon Kumar

                                   For Respondent           : Mr.V.Sakthivel

                                                       *****
                                                    JUDGMENT

The instant appeal has been filed challenging the quantum of

compensation awarded by the Tribunal to the respondent.

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2. Since the finding on negligence is not under challenge, the facts

leading to the filing of the claim petition and the manner of the accident

may not be necessary for the disposal of the said appeal.

3. The learned counsel for the appellant/Transport Corporation

submitted that the respondent's leg was amputated and the Medical Board

has issued a Disability Certificate assessing the permanent disability at

70%; and that the Tribunal ought not to have fixed the functional

disability at 100% in the absence of any evidence to prove that the

respondent had suffered functional disability.

4. The learned counsel for the respondent, per contra, submitted that

the respondent had established that he was working as a Scavenger in a

private company and because of the amputation, he was terminated from

his employment and therefore, the assessment made by the Tribunal as

regards the functional disability is in accordance with law and he prayed

for dismissal of the appeal.

5. The only point for consideration in the instant appeal is ‘whether

the quantum of compensation awarded by the Tribunal is just and

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reasonable?’

6. Admittedly, the respondent had suffered the following injuries:

a. Right leg amputation, b. Complaint of pain, bleeding from right ankle.

7. The respondent had established that he was working as a

Scavenger in a private company and because of the amputation, he was

terminated from his employment. The respondent, who was doing

physical labour, is bound to suffer functional disability because of the

amputation. The appellant had not let in any contra evidence. In the light

of the evidence let in on the side of the respondent, this Court is of the

view that the finding of the Tribunal that the respondent suffered 100%

functional disability cannot be faulted. The quantum of compensation

awarded under other heads is not under challenge. Therefore, this Court is

of the view that the award of the Tribunal is just and reasonable. The

award of the Tribunal deserves to be confirmed and hence confirmed.

8. The appellant/Transport Corporation shall deposit the

compensation amount of Rs.13,38,000/- (Rupees Thirteen Lakhs Thirty

Eight Thousand only) together with interest at the rate of 7.5% per annum

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from the date of the claim petition till the date of realization (excluding

the period of dismissal for default if any) and proportionate costs, after

deducting the amount already deposited if any, within a period of eight (8)

weeks from the date of receipt of a copy of this order.

9. On such deposit, the respondent/claimant is entitled to withdraw

the same by filing suitable application before the Tribunal, less the

amount already withdrawn, if any, by filing appropriate application before

the Tribunal.

10. In the result, this Civil Miscellaneous Appeal is dismissed. No

costs. Consequently, connected miscellaneous petition is closed.

25.09.2024 Index: Yes/ No NCC: Yes / No Speaking Order / Non-Speaking Order apd To:

1.The Motor Accidents Claims Tribunal cum Special Sub Court, Tirunelveli.

2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

apd

25.09.2024

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