The Managing Director v. Lukkaas

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.07.2016

CORAM

THE HON'BLE MR. JUSTICE T.MATHIVANAN C.M.A.No.1424 of 2016 and C.M.P.No. 10903 of 2016 The Managing Director Tamil Nadu State Transport Corporation Limited Kumbakonam ... Respondent/Appellant Vs.

Lukkaas ... Petitioner/Respondent Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 21.08.2015 made in M.C.O.P.No. 82 of 2014 on the file of the Motor Accident Claims Tribunal, (Additional District Judge and Chief Judicial Magistrate), Ariyalur.

For Appellant : Mr.D.Venkatachalam

JUDGMENT

Questioning the quantum of award, the appellant Transport Corporation has preferred this appeal under Section 173 of the Motor Vehicles Act 1988.

2.

The respondent herein has moved the claims Tribunal with a claim petition in M.C.O.P.No. 82 of 2014 claiming a sum of Rs.15,00,000/- for the injuries sustained by him in a road traffic accident said to have been taken place on 10.01.2014 at about 07.15 pm., near Kuvathur bus stop involving a passenger bus bearing Registration No. TN 45 N 2481. In the said accident, his right leg was amputated below knee. Based on the available evidences both oral and documentary, the Tribunal had proceeded to award totally a sum of Rs.2,24,900/- under the following heads:-

(i) Loss of income (4,500 x 12 x 7 (30%)) = Rs.1,13,400/- (ii) Lost of income (4,500 x 7) = Rs. 31,500/- (iii) pain and suffering = Rs. 50,000/- (iv) Transport expenses = Rs. 15,000/- (v) Extra Nourishment = Rs. 15,000/- --------------- Total = Rs.2,24,900/- --------------- 3.

The appellant Transport Corporation was directed to pay the amount along with interest at the rate of 7.5% p.a., from the date of petition.

4.

Heard Mr.D.Venkatachalam, learned counsel appearing for the appellant Transport Corporation. Perused the award as well as the grounds of appeal.

5.

Having regard to the related facts and circumstances, this Court is of the view that this appeal may be disposed of at the admission stage itself because no adequate grounds are available to question the award of the Tribunal. 6.

The respondent, who is the claimant in the claim petition, was working as an Engineer.

Soon after the occurrence, he had been taking treatment from 11.01.2014 to 10.03.014. This fact was substantiated by PW-2 Doctor. 7.

According to PW-2 Doctor viz., Kanmani, the respondent/claimant was suffered with the disability of 65%. The Tribunal had however found that since the disability, as per evidence of PW2 was only partial and permanent in nature, it was reduced to 30%. As it is revealed from the evidence of PW-1 (claimant), he was earning a sum of Rs.12,000/- per mensem at the time of occurrence. In order to substantiate this fact, no income proof was filed on behalf of the claimant. 8.

It is significant to note here that the Tribunal had adopted multiplier method for the purpose of ascertaining the quantum of compensation. In this connection, the Tribunal had observed that since the disability suffered by the claimant was partial and permanent in nature, the disability was reduced to 30% from 65% and for calculating the loss of earning capacity to the extent of 30%, it would be better to adopt multiplier system. Accordingly, the Tribunal had followed the multiplier system, had totally award a sum of Rs.2,24,900/- as aforestated. 9.

On considering the grounds of appeal as well as the submissions made by Mr.D.Venkatachalam, this Court does not find

any reason to exercise its appellate jurisdiction to interfere with the award passed by the Tribunal.

10.

Keeping in view of the above fact, this Appeal is dismissed and the award passed by the Tribunal is confirmed. The appellant/transport Corporation is directed to deposit the award amount along with interest at the rate of 7.5% p.a., from the date of petition (if not deposited earlier) within a period of four weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Vsg To The Additional District and Session Judge and Chief Judicial Magistrate, Motor Accident Claims Tribunal, Ariyalur.

+1cc to Mr.D.Venkatachalam, Advocate, S.R.No.37883 C.M.A.No.1424 of 2016 and C.M.P.No. 10903 of 2016 UG(CO) CA(30/08/2016)