Kalaivani v. The State Transport Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. KALAIVANI W/o. Ananda Bhaskar, No.1, M.S.K.

Street, Madhi Azhaga Nagar, Saligrammam, Chennai - 600 088.

Appellant(s) Vs The State Transport Corporation Limited Rep. by its Managing Director, Tanjore Division, Tanjore.

Respondent(s) PRAYER To enhancing the compensation awarded in the decree and judgement dated 2401-2023 passed in MCOP.No.60 of 2007, on the file of the MACT (V Judge, Court of Small Causes, at Chennai).

For Appellant(s):

Mr.Amar D. Pandiya

For Respondent(s):

Mr.M.Murali Vinodh JUDGEMENT This Civil Miscellaneous appeal has been filed for enhancing the compensation awarded in the decree and judgement dated 24-01-2023 passed in MCOP.No.60 of 2007, on the file of the MACT (V Judge, Court of Small Causes, at Chennai)( in short ''tribunal'').

2. The brief facts of the case:

On 13.06.2006 at about 02.30 p.m., while the claimant was travelling in the car bearing No. PY 01 W 6263 along with others on Chinnakadai Street, near Bathrakaali Amman Koil Street, Thiruvidaimarudur proceedings towards Kumbakonam while crossing the fire services of Thiru Vidal marudur Fire Service Station and by that time, STC bus bearing No. TN 49 N 1145 driven by the driver in a rash and negligent manner hit car thereby the claimant sustained injuries. Hence, the claimant filed the petition before the tribunal claimaing compensation. The respondent contested the case by filing counter. On considering the oral and documentary evidence the Tribunal awarded a sum of Rs.4,03,847/- as compensation. Challenging the quantum of

compensation, the claimant preferred this appeal.

3. The learned counsel for the claimant submits that the claimant sustained multiple injuries but the tribunal awarded very meagre amount. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent submits that the tribunal has rightly awarded the compensation which needs no interference.

5. Considering the fact that the accident was happened in the year 2007 but the tribunal fixed a sum of Rs.2,000/- per percentage for disability, which is meagre. Hence, this Court is inclined to enhance a award from Rs.2,000/- to Rs.4,000/- per percentage of disability. Accordingly, the claimant is entitled to (40x4000) 1,60,000/- and Rs.30,000/- for pain and sufferings. The tribunal has rightly awarded amount for other heads which needs no interference. S.

No .

Heads Compensation awarded by the tribunal Compensation awarded by this Court 1.

Disability Rs.80,000/- Rs.1,60,000/- 2.

Medical Expenses Rs.2,53,347/- Rs.2,53,347/- 3.

LOSS OF INCOME Rs..10,000/- Rs..10,000/- 4.

Pain and sufferings Rs.15,000/- Rs.30,000/- 5.

Transportation charges Rs.6,000/- Rs.6,000/- 6.

Nutrition expenses Rs.10,000/- Rs.10,000/-

S.

No .

Heads Compensation awarded by the tribunal Compensation awarded by this Court 7.

Damages to cloths Rs.500/* Rs.500/- 8.

Attender charges Rs.9,000/- Rs.9,000/- 9.

Loss of Amenities Rs.10,000/- Rs.10,000/- 10.

Mental Agony Rs.10,000/- Rs.10,000/- Total Rs.4,03,847/- Rs.4,98,847/-

6. As discussed above, the claimant/appellant herein is entitled to Rs.4,98,847/-. The second respondent/Transport Corporation is directed to deposit the said amount to the credit of MCOP.No.60 of 2007, on the file of the MACT (V Judge, Court of Small Causes, at Chennai)., with the interest of 7.5% per annum from the date of petition till payment within a period of eight weeks from the date of receipt of a copy of this judgment. If any amount was deposited before the tribunal, the respondent shall deposit the remaining amount after deducting the deposited amount. On such deposit, the claimants are permitted to withdraw the said amount by filing appropriate application before the tribunal.

7. With the above directions, this Civil Miscellaneous appeal is partly allowed. No Costs. Pending petition(s), if any, is/are closed. 04-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Transport Corporation Limited Rep. by its Managing Director, Tanjore Division, Tanjore.

2. The MACT (V Judge, Court of Small Causes, at Chennai).

T.V.THAMILSELVI J.

pbl 04-07-2025