R.Sachithanandan v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2020
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.M.A.No.1352 of 2013 R.Sachithanandan ... Appellant/Petitioner Vs.
The Managing Director, The Metropolitan Transport Corporation Ltd., Pallavan Salai, Chennai - 2 ... Respondent/Respondent Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act 1988, against the Judgment and Decree dated 03.03.2008 made in M.A.C.T.O.P.No.4846 of 2003 on the file of the Motor Accident Claims Tribunal, III Small Causes Court, Chennai.
For Appellant : Mr.F.Terry Chellaraja For Respondent : Mr.S.Sivakumar Judgment This Civil Miscellaneous Appeal has been filed against the Judgment and Decree dated 03.03.2008 made in M.A.C.T.O.P.No.4846 of 2003 on the file of the Motor Accident Claims Tribunal, III Small Causes Court, Chennai.
2. The case of the appellant is that on 27.02.2003 at about 5.30 p.m., when the appellant was riding cycle at M.C.Road, Radhakrishnan Nagar, the respondent's bus bearing Registration No.TN-01-N-2268 driven by its driver in a rash and negligent manner hit against him. Due to the impact, the appellant sustained grievous injuries and immediately he was admitted for treatment in Government Hospital, Chennai. At the time of accident, he was aged 24 years, and before the accident, he was working as Machine Operator and was earning Rs.2,000/- per month. Due to the injuries sustained in the accident, he became permanently disabled. Hence he filed a petition before the Motor Accident Claims Tribunal, III Small Causes Court, Chennai, claiming Rs.5,00,000/- as compensation under various heads.
3. Denying the allegations, the respondent transport corporation filed a counter affidavit before the Tribunal stating that when their bus bearing Registration No.TN-01-N2268 was on its trip from Egmore to Besant Nagar on 27.03.2003, a Cyclist suddenly came from right side lane
without observing the traffic on the main road and hit on the front side of the bus. As a result, he fell down and sustained injuries. The accident was occurred only due to the rash and negligent riding of the Cyclist and not due to the negligence of their driver. Further, it has been stated that the alleged age, occupation, income and disability are not true and the amount of compensation claimed is highly excessive.
4. During the trial, on the side of the appellant, the appellant was examined himself as PW1, one Dr.Saravana Bhavanandam was examined as PW2, one Dr.Rajappa was examined as PW3 and Exs.P1 to P13 were marked. On the side of the respondent, neither any witness was examined nor any document was marked.
5. The Tribunal after considering the pleadings, oral and documentary evidence, allowed the petition in favour of the appellant and awarded Rs.1,01,900/- as compensation as follows :
S.No.
Description Amount 1.
Loss of Earnings 8,000 2.
Transportation 2,000 3.
Damages to cycle, clothes and Articles 2,000 4.
Extra Nourishment 2,000 5.
Medical Expenses 6,900 6.
Other Expenses 1,000 7.
Partial Permanent Disability 40,000 8.
Pain & Sufferings 20,000 9.
Loss of Amenities 10,000 10.
Loss of Expectation of Life 10,000 Total 1,01,900
6. Aggrieved by the award, the appellant/claimant has filed this appeal before this Court stating that the Tribunal has erred in awarding the said compensation.
7. Heard the learned counsel for the appellant and the learned counsel for the respondent, and perused the materials available on record.
8. On perusal of the award dated 03.03.2008 passed by the Motor Accident Claims Tribunal, III Small Causes Court, Chennai, it is observed that the appellant had sustained head injury in the accident, and due to which, he was having head ache and severe neck pain and also he had lost his vision slightly. The doctors who examined him had deposed that he sustained 40% partial permanent disability and only based on which the Tribunal had awarded Rs.40,000/- i.e. Rs.1,000/- per
percentage of disability under the said head. Further, it is observed that the Tribunal only after the considering the injuries sustained by the appellant had awarded Rs.8,000/- towards Loss of Earnings and this Court is inclined to confirm the same.
9. It is also observed from the award of the Court below that the Tribunal had not awarded any compensation towards Attender Charges. During the period of treatment, the appellant would have spent some amount for attender. Considering the same, Rs.5,000/- is awarded under the said head. The sum of Rs.2,000/- awarded under the head of Extra Nourishment is found to be meager and the same is hereby enhanced at Rs.5,000/-. The sum awarded under the other heads was properly considered and reasonably awarded by the Tribunal, hence this Court is not inclined to interfere with the same.
10. In view of the observations made by this Court, the compensation awarded by the Tribunal is modified as follows : Amount awarded Amount awarded Award confirmed S.No Description by the Tribunal (Rs.
) by this Court (Rs.) or enhanced or granted .
1.
Loss of Earnings 8,000 8,000 Confirmed
2. Transportation 2,000 2,000 Confirmed 3.
Damages to cycle, clothes and Articles 2,000 2,000 Confirmed 4.
Extra Nourishment 2,000 5,000 Enhanced 5.
Medical Expenses 6,900 6,900 Confirmed 6.
Other Expenses 1,000 1,000 Confirmed 7.
Partial Permanent Disability 40,000 40,000 Confirmed 8.
Pain & Sufferings 20,000 20,000 Confirmed 9.
Loss of Amenities 10,000 10,000 Confirmed 10.
Loss of Expectation of Life 10,000 10,000 Confirmed 11.
Attender Charges - 5,000 Granted Total 1,01,900 1,09,900 Enhanced by 8,000
11. In the result, this Civil Miscellaneous Appeal is partly allowed and the respondent is directed to deposit the said amount of Rs.1,09,900/- with interest at the rate of 12% per annum from the date of petition till the date of
realization, less the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this Judgment. No costs.
12. As per the order of this Court dated 08.04.2013 passed in M.P.No.1 of 2011 in C.M.A.No.SR108208 of 2011, the appellant is not entitled to interest for the delay period of 1172 days in filing the above appeal. Hence, the respondent is directed to exclude the delay period while paying the interest. After depositing the entire award amount along with interest, the appellant/claimant is permitted to withdraw the same by filing a formal petition before the Tribunal, less the amount if any, already withdrawn.
Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar raja To 1.The Motor Accident Claims Tribunal, III Small Causes Court, Chennai.
Copy To The Section Officer, VR Section, High Court, Madras.
+1cc to Mr.F.Terry Chella Raja, Advocate, S.R.No. 18108 C.M.A.No.1352 of 2013 RLD(CO) GN(29/04/2021)