The Managing Director v. Mrs. Poonkulali

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 14.06.2016

CORAM

THE HONOURABLE MR.JUSTICE T. MATHIVANAN C.M.A.No.1012 of 2015 and M.P.No.1 of 2015 The Managing Director, T.N.S.T.C (Kumbakonam) Limited, Kumbakonam.

...Appellant/Respondent ...vs...

Mrs.Poonkulali ... Respondent Prayer: Civil Miscellaneous Appeal is filed under section 173 of Motor Vehicles Act 1988 against the Judgment and decree dated 16.11.2011 made in M.C.O.P.No.54 of 2010 on the file of Motor Accident Claim Tribunal cum Chief Judicial Magistrate Court, Thiruvarur.

*** For Appellant :Mr.V.S.Vijay Veliapan

JUDGMENT

The respondent herein, claiming a sum of Rs.20,00,000/- for the injuries sustained by him in a road traffic accident said to have been taken place on 20.12.2008 involving a passenger bus belonging to the appellant/Transport Corporation had moved the claims Tribunal (District Court), Thiruvarur. 2.This petition was contested by the appellant/Transport Corporation. However, the claims Tribunal based on the available materials on record had proceeded to award a sum of Rs.2,77,140/- as against the original claim of Rs.20,00,000/-

3.This Court has heard Mr.V.S.Vijay Veliappan, learned counsel for the appellant and perused the grounds of appeal along with the award passed by the Tribunal, dated 16.11.2011 and finds that the appeal may be disposed of at the threshold in the admission stage itself.

4.As it is seen from the award of the Tribunal, P.W.2, Doctor had examined the claimant for the purpose of assessing her disability. P.W.2 had also clinically examined to her and issued a Disability Certificate under Ex.42. In this connection, P.W.2 has stated that, on his clinical examination, he had found fracture of two bones over the claimant's left leg and another fracture of humerus bone on her right hand. He has also found that a plate was fixed on the humerus bone during the course of surgery.

5. It is obvious to note here that P.W.2, Doctor had not treated the claimant. After the completion of his examination, P.W.2 had assessed the Disability of the claimant at 45%. However, the claims Tribunal had found that the assessment of the Disability at 45% is on the higher side and therefore it had determined disability at 18%.

6. Since the claimant was aged about 37 years at the time of accident. Therefore, taken into consideration of the above said facts, the respondent/appellant is entitled to make a sum of Rs.2,77,140/- under the following heads:- Loss of earning capacity is (36000*18=6480*15) Rs. 97,200/- Towards pain and sufferings Rs. 5,000/- Towards Medical Expenses Rs.1,70,440/- Towards Attender charges Rs. 1,500/- Towards nutrition charges Rs. 1,000/- Towards loss of income Rs. 2,000/- ---------------- Total Rs.2,77,140/- ------------------ 7.This Court has carefully perused the grounds of appeal as well as the award passed by the Tribunal. Having regard to the related facts and circumstances, this Court is of view that the award of the Tribunal does not warrant to the interference of this Court.

8. In the result, appeal is dismissed. The award of the Tribunal dated 16.11.2011 is confirmed. The appellant/Transport Corporation is directed to deposit the entire award amount along with accrued interest as directed by the Tribunal within a period of four weeks if not deposited earlier. On such deposit being made, the claimants are entitled to withdraw the entire

award amount along with proportionate accrued interest and costs without filing any formal petition. There shall be no order as to costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar nvi To 1.The Chief Judicial Magistrate Court, The Motor Accident Claims Tribunal, Thiruvarur. 2.The Managing Director TNSTC (Kumbakonam Ltd) Kumbakonam +1 cc to Mr.V.S.Vijay Veliyappan Advocate sr.32086 C.M.A.No.1012 of 2015 aa29/07/2016