The Managing Director v. Mrs.Prema
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 21.07.2016
CORAM
THE HON'BLE MR. JUSTICE T.MATHIVANAN C.M.A.No.1415 of 2016 & C.M.P.No.10823 of 2016 The Managing Director Tamil Nadu State Transport Corporation Ltd., Pillai Thanneerpandhal Thirumayam Road Pudukottai ... Appellant/ Respondent Vs.
Mrs.Prema ... Respondent/ Petitioner Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 30.11.2012 and made in M.C.O.P.No.597 of 2011 on the file of the Motor Accident Claims Tribunal (District Judge), Perambalur.
For Appellant : Mr.V.S.Vijay Veliappan For Respondents : Mr.T.Gopinath
JUDGMENT
Questioning the quantum of award of Rs.2,57,155/- as against the claim of Rs.5,00,000/-, the appellant Transport Corporation has filed this appeal under Section 173 of the Motor Vehicles Act.
2. The respondent, being the claimant, had moved the Motor Accident Claims Tribunal with a claim petition in M.C.O.P.No.597 of 2011 claiming a sum of Rs.5,00,000/- for the injuries sustained by her in a Road Traffic Accident said to have been taken place on 03.07.2011, at about 12.40pm, involving a passenger bus bearing Registration No.TN55-N-0652.
3. Despite the contest made by the appellant Transport Corporation, the Tribunal, on appreciation of the evidences, both oral and documentary, had proceeded to award a sum of Rs.2,57,155/- under the following heads:
Partial Permanent Disability :
Rs.54,000.00 Pain and Suffering :
Rs.30,000.00 Medical Expenses :
Rs.89,155.00 Loss of Income for 12 months @ 4500 :
Rs.54,000.00 Nutritious Food :
Rs.10,000.00 Transport Charges :
Rs.10,000.00 Loss of Comforts :
Rs.10,000.00 ---------------- Rs.2,57,155.00 -----------------
4. Mr.Vijay Veliappan, learned counsel for the appellant, has submitted that the award passed by the Tribunal under the heads of permanent disability as well as loss of income, nutritious food, transportation charges and loss of comforts were exorbitant and therefore he has urged this Court to set aside the award passed by the Tribunal and to award a just compensation in consonance with the disability suffered by the respondent/claimant.
5. As it is seen from Exs.P2-Discharge Summary and Ex.P3Wound Certificate, the respondent /claimant had sustained the following injuries i) lacerated wound over the forehead measuring 3 x 2 cm; ii) an abrasion over root of nose measuring 2 x 2 cm; iii) an abrasion over her right knee measuring 3 cm; and iv) an abrasion over right great toe (2cm).
Besides this, she had also lost the teeth from her lower jaw. As per the scan report under Ex.P4 as well as Exs.P2 and P3, it is revealed that she had sustained laceration over her right liver lobe with gross haemopertitoneum. It is also revealed that she had sustained fracture of bilateral nasal bones, maxillary sinuses with haemopertioneum and fracture of hard palate on the left side.
6. PW2-Dr-Saravanan had examined her clinically and opined that the disability suffered by the respondent/claimant was partial and permanent in nature, which was assessed at 26%. It is also revealed that as per Ex.P5, she had spent a sum of Rs.89,155/- towards the medical expenses.
The respondent/claimant was aged about 36 years at the time of occurrence and was doing tailoring and according to her, she had earned a sum of Rs.7500/- per mensem.
The disability certificate was marked as Ex.P6.
Having taken into consideration of all the related facts and circumstances and based on the documentary evidences, the Tribunal had fixed a sum
of Rs.2,000/- per disability and awarded a sum of Rs.54,000/- towards the permanent disability.
7. In this connection, Mr.T.Gopinath, learned counsel for the respondent has submitted that since the respondent has suffered with the disability to the extent of 26%, as per the latest pronouncement of our High Court, at least a sum of Rs.3,000/- per percentage might be awarded. Accordingly, this Court finds that the award of Rs.54,000/- under the head of partial disability can be increased to Rs.78,000/- i.e., Rs.3000/- per percentage of disability.
8. The Tribunal had already awarded a sum of Rs.30,000/- towards pain and suffering and a sum of Rs.89,155/- under the head medical expenses, which appear to be reasonable and this Court is of view that the same can be maintained. However, this Court finds that the Tribunal has awarded a sum of Rs.54,000/- under the head loss of income for 12 months by fixing the monthly income at Rs.4,500/-. As contended by Mr.Vijay Veliappan, the loss of income awarded for 12 months is not proper and it could be reduced to two months. Accordingly, a sum of Rs.9000/- (Rs.4500/- per month) is awarded under the head of loss of income. This Court, considering the nature of the case, is of view that a sum of Rs.10,000/- each awarded by the Tribunal under the head of nutritious food, transport charges and loss of comforts is reasonable and the same can be confirmed.
9. Further, it is contended by the learned counsel of the respondent that though the respondent/claimant had undergone treatment in the hospital for about six days, the Tribunal had not awarded any amount towards the attendant charges and therefore a reasonable amount might be awarded under the head of attendant charges. Considering his submission, a sum of Rs.1,000/- is awarded under the head of attendant charges. Accordingly, the award of Rs.2,57,155/- granted by the Tribunal is hereby reduced to Rs.2,37,155/- as detailed hereunder: Permanent Disability :
Rs. 78,000.00 Pain and Suffering :
Rs. 30,000.00 Medical Expenses :
Rs. 89,155.00 Loss of income (for two months) :
Rs. 9,000.00 Nutritious Food :
Rs. 10,000.00 Attendant Charges :
Rs. 1,000.00 Transportation :
Rs. 10,000.00 Loss of Comforts :
Rs. 10,000.00 ----------------- Rs.2,37,155.00 -----------------
Keeping in view of the above fact, this Civil Miscellaneous Appeal is partly allowed and the amount of Rs.2,57,155/- awarded by the Tribunal is reduced to Rs.2,37,155/- and the appellant Transport Corporation is directed to deposit this award amount with interest at 7.5%, if not already deposited, to the credit of the claim petition within a period of four weeks from the date of receipt of a copy of this order. On such deposit being, made the first respondent / claimant is permitted to withdraw the entire award amount along with the accrued interest and cost without actually filing any application.
No costs.
Consequently, the connected miscellaneous petition is closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar gpa To The Assistant Judge, Motor Accident Claims Tribunal Perambalur 1 cc to Mr.T. Gobinath, Advocate, Sr. 41369 C.M.A.No.1415 of 2016 & C.M.P.No.10823 of 2016 GJ (CO) kk 26/12