Madras High Court

S. Venkatesan vs The Managing Director on 4 June, 2025

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                                                     C.M.A.No.3019 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                        DATED: 04-06-2025
                                                               CORAM
                             THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI
                                       Civil Miscellaneous Appeal No. 3019 of 2023
                                                                    ---
                    S. Venkatesan
                    S/o. Ekambaram,
                    No.129/70/71, Raghavan Street,
                    Sembium, Perambur,
                    Chennai-600 011
                                                                                                            ...Appellant

                                                                  Versus

                    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     25.11.2022      in
                    M.C.O.P.No.6448 of 2019 on the file of the Motor Accident Claims
                    Tribunal/IV Small Causes Court, Chennai.


                              For Appellant         :         Mrs. Saleem Fathima P.T.
                              For Respondent        :         Mr.M. Murali Vinodh
                                                                 ----




                    Page Nos.1/11




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                                                                                        C.M.A.No.3019 of 2023



                                                      JUDGMENT

This Civil Miscellaneous Appeal is filed for enhancement of

compensation granted by the Tribunal in the award dated 25.11.2022 made

in M.C.O.P.No. 6448 of 2019 on the file of the Motor Accident Claims

Tribunal/IV Small Causes Court, Chennai.

2. The appellant is a claimant in M.C.O.P.No.6448 of 2019 on the

file of Motor Accident Claims Tribunal/IV Small Causes Court, Chennai.

He filed the said claim petition claiming a sum of Rs.10,00,000/- as

compensation for the injuries sustained by him in the accident that took

place on 26.11.2019.

3. The Tribunal, considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent driving

by the driver of the Metropolitan Transport Corporation bus bearing

Registration No. TN-01-AN-2795.

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4. Not being satisfied with the amounts awarded by the Tribunal, the

appellant has come out with the present appeal seeking enhancement of

compensation.

5. The learned counsel appearing for the appellant contended that

the appellant was working in a private company as “Project Manager”, to

that effect, he has also produced his ID card and pay slip as Ex.P5 and

Ex.P6. But the Tribunal, while awarding the loss of income, has not

awarded any compensation for the loss of income and as well as disability

has also not been considered. The Tribunal has fixed the disability at 5%

without considering the fact that the accident happened in the year 2019.

Therefore, disability percentage has also been erroneously fixed by the

Tribunal at 5% instead of 25%. He further contended that the pain and

sufferings has not been properly awarded by the Tribunal.

6. He further contended that on 26.11.2019, when the petitioner was

riding his motorcycle bearing Registration No.TN-05-BQ-1215 at Mathiya

Kailas Signal, S.P.Road, Kotturpuram, Chennai, at that time a MTC bus

bearing Registration No. TN-01-AN-2795, driven in a rash and negligent

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manner, hit behind the petitioner's motorcycle. Due to the accident, the

petitioner sustained left ankle medial malleolus fracture and left shoulder

joint effusion with marrow and rotator cull edema. The petitioner

examined the doctor as P.W.2, who has assessed the disability of the

petitioner as 25% and marked the disability certificate as Ex.P12 to prove

the injuries. The Tribunal awarded only a meager sum of Rs.25,000/-

towards disability at the rate of Rs.5,000/- for 1% of disability, and thus, a

sum of Rs.25,000/- was awarded for 5% disability. The Tribunal has fixed

the disability at 5% per percentage without considering the fact that the

accident happened in the year 2019. Therefore, the disability of the

petitioner has been erroneously fixed by the Tribunal. The Tribunal ought

to have taken 25% disability and awarded a sum of Rs.5,000/- per

percentage of disability. Due to the injuries and disability, the petitioner

could not do the work as he was doing earlier. The Tribunal has also not

awarded any compensation towards loss of pain and suffering. The

Tribunal ought to have fixed the disability of the petitioner as 100% and

ought to have awarded compensation towards loss of disability and pain &

sufferings. The petitioner was earning a sum of Rs.34,000/- per month by

working as “Project Manager” in a private company. The petitioner has

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taken treatment as in-patient in V.H.S.Hospital, Chennai and other private

hospitals in Chennai. He marked the discharge summary as Ex.P3 to

prove the same. The Tribunal has not awarded any compensation towards

attendant charges and future medical expenses. The amounts awarded by

the Tribunal under different heads are meager and therefore, prayed for

enhancement of compensation.

7. Per contra, the learned counsel appearing for the

respondent/Metropolitan Transport Corporation contended that the

petitioner was admitted only for three days as in-patient in the hospital and

therefore, the Tribunal has not awarded towards loss of income.

Therefore, the Tribunal has rightly fixed 5% disability, and awarded

Rs.5,000/- for each percentage by relying the medical board certificate,

which needs no interference. The appellant has not made out any case for

enhancement of compensation and prayed for dismissal of the appeal.

8. Heard the learned counsel appearing for the appellant as well as

the learned counsel appearing for the respondent/Metropolitan Transport

Corporation and perused all the materials available on record.

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9. It is the contention of the appellant that in the accident, the

appellant sustained left ankle medial malleolus fracture and left shoulder

joint effusion with marrow and rotator cull edema. The appellant

examined Dr.Saravanabhavanantham as P.W.2, who assessed the disability

of the appellant as 25% and issued the disability certificate - Ex.P12 to

prove the injuries. The Tribunal, accepting the same, had awarded a sum

of Rs.25,000/- (Rs.5,000/- X 5%) towards disability at the rate of

Rs.5,000/- per percentage of disability. The appellant was working in a

private company as “Project Manager” to that effect, he has also produced

his ID card and pay slip as Ex.P5 and Ex.P6. The accident is of the year

2019, but the amount awarded by the Tribunal at a sum of Rs.5,000/- per

percentage of disability is not correct.

10. According to the appellant, he was drawing salary of

Rs.35,000/- per month but the Tribunal has fixed the loss of income

observing that he was less than one week in the hospital, but, on seeing the

injuries sustained by him as per Ex.P3-discharge summary the appellant

had sustained “left ankle medial malleolus fracture and left shoulder joint

effusion with marrow and rotator cull edema”. Though he was discharged

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from the hospital, he would have attended the office for two months since

he was unable to drive two wheeler. Therefore this Court is inclined to fix

two months (2) period and his monthly income fixed at Rs.30,000/- per

month. Accordingly, this Court fixed the loss of income Rs.30,000/- p.m.

X 2 months period = Rs.60,000/-. The PW2-Doctor issued disability

certificate against the petitioner as 25% permanent disability and the same

was rightly considered by the Tribunal. Though the appellant claimed

25%, but the PW2-Doctor who issued the disability certificate was not

considered as in-patient the appellant. Therefore, the Tribunal taken into

consideration only 5%, but the accident happened in the year 2019.

Therefore, the Tribunal ought to have awarded a sum of Rs.7,000/- per

percentage, but the Tribunal has erroneously fixed at the rate of Rs.5,000/-

per percentage disability. Thus, the compensation awarded by the

Tribunal towards disability is enhanced to Rs.35,000/- (Rs.7,000/- X 5%).

11(i). According to the appellant, he was earning a sum of

Rs.34,000/- per month by working as Project Manager in a private

company. He failed to prove the said contention. In the absence of any

material evidence to prove the avocation and income of the appellant, the

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Tribunal fixed a sum of Rs.34,000/- as monthly income of the appellant

and awarded a sum of Rs.35,000/- (Rs.5,000/- X 7%) towards loss of

income for two months. The accident is of the year 2019 and the monthly

income fixed by the Tribunal is meager. Hence, a sum of Rs.35,000/- is

fixed as monthly income of the appellant. Due to the injuries sustained by

the appellant, he would not have attended his work at least for two

months. Thus, a sum of Rs.60,000/- (Rs.30,000/- X 2) is awarded towards

loss of income for six months.

11(ii). The appellant contended that he has taken treatment as

in-patient for three days from 26.11.2019 to 28.11.2019. He marked the

discharge summary as Ex.P3 to prove the same. The Tribunal has not

awarded any compensation towards attendant charges. Considering the

nature of injuries and period of treatment taken by the appellant, a sum of

Rs.5,000/- awarded by the Tribunal towards pain and sufferings is

enhanced to Rs.50,000/-, a sum of Rs.10,000/- awarded by the Tribunal

towards extra nourishment is enhanced to Rs.50,000/- and no amount has

been awarded by the Tribunal towards Loss of Income. Considering the

nature of injuries, a sum of (Rs.30,000 X 2) = Rs.60,000/- is enhanced.

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The rest of the compensation awarded by the Tribunal is just and

reasonable and hence, the same is hereby confirmed. Thus, the

compensation awarded by the Tribunal is modified as follows:

Sl. Description Amount awarded Amount Award
No. by Tribunal awarded by confirmed or
(Rs) this Court enhanced or
(Rs) granted or
reduced
1. Disability 25,000 35,000 Enhanced
2. Medical 22,936 22,936 Confirmed
Expenses
3. Loss of Income Nil 60,000 Enhanced
4. Pain and 5,000 50,000 Enhanced
Suffering
5. Transportation 5,000 5,000 Confirmed
Expenses
6. Nutrition 5,000 10,000 Enhanced
Expenses
7. Damages to 2,000 2,000 Confirmed
clothes
8. Loss of amenities 5,000 5,000 Confirmed
Total 69,936 1,89,936 Enhanced by
Rs.1,20,000/-

12. In the result, this Civil Miscellaneous Appeal is partly allowed

and the compensation awarded by the Tribunal at Rs.69,936/- is hereby

enhanced by Rs.1,20,000/- together with interest at the rate of 7.5% per

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annum from the date of petition till the date of realization. The appellant is

directed to pay necessary Court fee, if any, on the enhanced compensation.

The respondent/Metropolitan Transport Corporation is directed to deposit

the enhanced award amount now determined by this Court along with

interest and costs, less the amount already deposited, if any, within a

period of eight weeks from the date of receipt of a copy of this judgment.

On such deposit, the appellant is permitted to withdraw the enhanced

award amount along with interest and costs, less the amount if any, already