Chitra v. Managing Director

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED 08.03.2017

CORAM

THE HONOURABLE MS. JUSTICE PUSHPA SATHYANARAYANA C.M.A. No. 183 of 2017 Chitra Appellant/Petitioner

Versus

Managing Director, Metropolitan Transport Corporation Ltd., Pallavan House, Anna Salai, Chennai-2 Respondent/Respondent Appeal filed under Section 173 of Motor Vehicle Accidents Claims Tribunal against the order dated 29.10.2012 made in M.C.O.P. NO 4577of 2009 on the file of Motor Accident Claims Tribunal,(XVI Additional District & Sessions Court) chennai. For Appellant :

Mr.K.Varatha kamaraj For Respondent :

Mr.S.S. Swaminathan

J U D G M E N T

Challenging the quantum of compensation awarded by the Claims Tribunal in M.C.O.P.No.4577 of 2009 on 29.10.2012, the Claimant has come up with this Civil Miscellaneous Appeal.

2. A perusal of the award would go to show that disability was fixed @ 35% by the Tribunal at 2,000/- per percentage and a sum of Rs.70,000/- was awarded, under the head disability. Whereas the learned counsel for the appellant contended that atleast a Sum of Rs.3,000/- per percentage can be taken.

3. A sum of Rs.3,000/- per percentage was fixed for the accidents that occurred from year 2013 and in the present case, since the accident is of the year 2009, only a sum of Rs.2,000/- per percentage is applicable. However, considering the fact that the claimant sustained fracture in the right hand, the disability was fixed at 30% and the compensation at Rs.3,000/- per percentage is fixed and compensation under the head disability was awarded at Rs.90,000/- (3,000x30)

4. By consultation of the learned counsel appearing on either side, the compensation awarded by the Tribunal under various heads are revised as follows:

https://hcservices.ecourts.gov.in/hcservices/

Heads Award of the tribunal Revised Award a) 30% disability (35x2000) Rs.70,000 Rs.90,000 (30x3000) b) Pain & Sufferings Rs.15,000 Rs.25,000 c)Nutrition Rs. 3,000 Rs. 5,000 d)Transport Rs. 2,000 Rs. 5,000 e)Medical Expenses Rs. 1,610 Rs. 1,610 f)Loss of earnings Rs.13,500 Rs.18,000 g) Damage Nil Nil h)Loss of amenities Nil Rs.10,000 i) Attender Charges Nil Rs. 5,000 ___________ ___________ Total Award Rs.1,05,110 Rs.1,59,610 ___________ ___________

5. In the result, this appeal is partly allowed and Award dated 29.10.2012, in M.C.O.P.No.4577 of 2009 is enhanced from Rs.1,05,110/- to Rs.1,59,610/-, which shall carry interest @ 7.5% per annum from the date of petition till the date of deposit. The Respondent- Transport Corporation is directed to deposit the enhanced award amount along with interest, if not deposited already, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the Claimant is permitted to withdraw. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To The Motor Accident Claims Tribunal,(XVII Additional District & Sessions Court) Chennai.

+1 cc to Mr.S.S.Swaminathan,advocate,sr.15171 +1 cc to Mr.K.Varadhakamaraj,advocate,sr.15081. nm(co) krd 28/3 C.M.A. No.183 of 2017 https://hcservices.ecourts.gov.in/hcservices/