Madras High Court
The Managing Director vs V.Vijayakumar on 26 September, 2024
C.M.A.(MD) No.1098 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.09.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
C.M.A.(MD) No.1098 of 2024
and
C.M.P.(MD) No.11460 of 2024
The Managing Director,
Tamil Nadu State Transport Corporation,
New Railway Junction Road,
Kumbakonam. ... Appellant
Vs.
V.Vijayakumar ... Respondent
Prayer: Civil Miscellaneous Appeal filed Section 173 of the Motor
Vehicle Act, 1988, to set aside the orders dated 16.11.2023 passed in
M.C.O.P.No.201 of 2022 on the file of the Motor Accidents Claims
Tribunal cum Principal Sub Court, Kumbakonam.
For Appellant : Mr.S.Micheal Heldon Kumar
For Respondent : Mr.K.R.Shivashankari
*****
JUDGMENT
The instant appeal has been filed challenging the quantum of
compensation awarded by the Tribunal.
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2. Since the finding on negligence is not under challenge, the facts
leading to the filing of the claim petition may not be necessary for the
disposal of the said appeal.
3. The learned counsel for the appellant/Transport Corporation
submitted that the claimant had suffered amputation in his right leg and
the Medical Board had assessed the disability at 70%. However, the
Tribunal had assessed the functional disability at 100%, which is
excessive and prayed for reduction of the compensation.
4. The learned counsel for the respondent, per contra, submitted that
the respondent was working as a Mason and because of the amputation, he
was unable to pursue his avocation and therefore, the finding of the
Tribunal fixing the functional disability at 100% cannot be faulted.
5. The only point for consideration in the instant appeal is ‘whether
the compensation awarded by the Tribunal is just and reasonable?’
6. The admitted fact is that the respondent was working as a Mason
prior to the accident. The appellant had not let in any contra evidence. The
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respondent had suffered amputation of his right leg which can be seen
from the medical records filed by the respondent and the disability
certificate/Ex.C1.
7. It is well settled that the functional disability has to be assessed
based on the disability suffered by the respondent and the nature of the job
performed by him prior to the accident. In the light of the admitted fact
that he was doing physical labour as Mason and that his right leg was
amputated and therefore, he was unable to continue his avocation, this
Court is of the view that the finding of the Tribunal fixing functional
liability at 100% is in accordance with the evidence and the law.
Therefore, there is no infirmity in the finding of the Tribunal and thus, the
compensation awarded by the Tribunal is liable to be confirmed and hence
confirmed.
8. The appellant/Transport Corporation is directed to deposit the
compensation of Rs.36,84,500/- (Rupees Thirty Six Lakhs Eighty Four
Thousand and Five Hundred only), together with interest at the rate of
7.5% per annum from the date of the claim petition till the date of
realization (excluding the period of dismissal for default if any) and
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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 is permitted to withdraw the
same, less the amount already withdrawn, if any, by filing an appropriate
application before the Tribunal.
10. In the result, this Civil Miscellaneous Appeal is dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
26.09.2024
Index: Yes/ No
NCC: Yes / No
Speaking Order / Non-Speaking Order
apd
To:
1.The Motor Accidents Claims Tribunal cum Principal Sub Court,
Kumbakonam.
2.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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SUNDER MOHAN, J.
apd
26.09.2024
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