Sivakumar, v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2020

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.M.A.No.2848 of 2012 Sivakumar ...Appellant/Petitioner Vs.

The Managing Director, Metropolitan Transport Corporation Ltd., Division-I, Pallavan Salai, Chennai-2.

...Respondent/Respondent

Prayer: Civil Miscellaneous Appeal filed under section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree dated 11.09.2007 and made in M.A.C.T.O.P.No.1943 of 2002 dated 11.09.2007 passed by the Motor Accident Claims Tribunal VI Court of small causes, Chennai.

For Appellant : Mrs.Subadra for Mrs.M.Malar For Respondent : Mr.S. Sivakumar

J U D G M E N T

This Appeal has been filed by the appellant/claimant against the Judgment and Decree dated 11.09.2007, made in M.A.C.T.O.P.No.1943 of 2002 passed by the Motor Accident Claims Tribunal VI Court of small causes, Chennai.

2. Brief facts of the case is as follows:

On 16.11.2001 at about 8.45 hours when the appellant was standing at Triplicane bus stand opposite to Jeans wines a motor cycle bearing Registration No. TN-01-N-2688 which was driven by its driver in a rash and negligent manner and hit the appellant. As a result of which, the appellant sustained grievous injuries. Hence, he filed a claim petition before the Tribunal seeking Rs.1,25,000/- as compensation. Upon consideration of the materials and evidence available on record, the Tribunal has awarded a total compensation of Rs.53,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit.

3.Not being satisfied with the quantum of compensation awarded by the Tribunal, the appellant has come up with this present appeal.

4.The learned counsel appearing for the appellant/claimant submitted that the appellant sustained fracture in Mandiple and head injury and multiple injuries all over the body. He would further contend that no amount awarded under the head attender charges and with regard to other heads the amount awarded by the Tribunal is very low. Hence, prays to enhance the compensation awarded by the Tribunal.

5.Per contra, the learned counsel appearing for the respondent would submit that the Tribunal has awarded a reasonable compensation for the injuries sustained in the accident and there is no necessity to interfere with the award passed by the Tribunal.

6.On the side of the claimant it has been stated that when he was standing opposite to Jeans wines, a motor cycle bearing Registration No. TN-01-N-2688 which was driven by its driver in a rash and negligent manner and hit him. The averments of the claimant are not rebutted by the respondent. Therefore, the Tribunal arrived at a conclusion that the negligence is on the part of the bus driver and he is the cause for the accident. Hence, such a finding cannot be interfered by this Court and the same is confirmed as such.

7.With regard to the quantum, since there is no documentary proof regarding the income hence Rs.5,000/- was awarded by the Tribunal under the head loss of earning. Considering other relevant documents Rs.500/- each is awarded towards Transport to hospital and extra nourishment. Taking note of the injuries sustained by the claimant Rs.2,000/- and Rs.5,000/- was awarded towards medical expenses and pain and sufferings.

P.W.2/Dr.Kalkura examined the claimant and assessed the disability of the claimant at 35% and considering the year of accident Rs.1,000/- per percentage is taken and Rs.35,000/- is being awarded towards the head Disability. Thus, the total compensation was arrived at Rs.53,000/-.

8.In view of the above, this Court is inclined to enhance certain heads and the same is enhanced. It is seen from records that the appellant had taken treatment continuously after the accident. Hence, the amount awarded by the Tribunal under the head Transport and Extra Nourishment was enhanced to Rs.5,000/- each from Rs.500/- each. Considering the nature of injuries sustained by the claimant the amount awarded by the Tribunal under the head Pain and sufferings is hereby enhanced to Rs.15,000/- from Rs.5,000/-. The appellant had claimed

Rs.9,000/- towards the head loss of earning but, the Tribunal has awarded only Rs.5,000/- under this head. Hence, the same is enhanced to Rs.9,000/- The amount awarded under other heads remains the same. Thus, the total compensation amount awarded by this Court is as follows:

Particulars Amount awarded by the Tribunal Amount awarded by this Court Loss of earnings Rs.5,000/- Rs,9,000/- Transport Expenses Rs.500/- Rs.5,000/- Extra nourishment Rs.500/- Rs.5,000/- Medical Expenses Rs.2,000/- Rs.2,000/- Pain and sufferings Rs.5,000/- Rs.15,000/- Disability 35% Rs.35,000/- Rs.35,000/- Attendant charges -NilRs.2,000/- Loss of earning power Rs.5,000/- Rs.5,000/- Total Rs.53,000/- Rs.78,000/- With the above said modification, the award amount is enhanced to Rs.78,000/- from Rs.53,000/-.

9. In the result, the award passed by the Claims Tribunal is dismissed and this Civil Miscellaneous Appeal is partly allowed. No costs. The Respondent/Transport Corporation shall deposit the amount awarded by this Court, along with 7.5% interest, less the amount already deposited, if any, within a period of eight weeks, from the date of receipt of a copy of this judgment. On such deposit being made, the appellant is directed to withdraw the amount, less the amount if any already withdrawn.

Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar smn

To

1. The Motor Accident Claims Tribunal, VI Court of small causes, Chennai.

2. The Section Officer, V.R. Section, High Court, Madras.

+1cc to Mrs.M.Malar, Advocate, S.R.No.13792 C.M.A.No.2848 of 2012 PP[co] NSK 30/11/2021