The Managing Director v. K.Balaraman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2017

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA C.M.A.No.1857 of 2017 The Managing Director, TNSTC Villupuram Division, Vazhutha Reddy, Villupuram Taluk ..

Appellant/Respondent

Versus

K.Balaraman ..

Respondent/Petitioner Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree passed by the Motor Accident Claims Tribunal, Cuddalore (Special Sub Court to deal with MCOP Cases, Cuddalore), in M.C.O.P. No.2493 of 2011, dated 26.11.2015.

For Appellant : Mr.P.Paramasivadoss JUDGEMENT This appeal has been filed by the transport corporation challenging the quantum of compensation.

2. The claimant, Balaram, aged 46 years working as a Security Officer in SIPCOT area, earning a sum of Rs.6,000/- met with an accident on 15.07.2011. In the accident, he suffered fracture of right leg apart from simple injuries all over the body. Claiming a sum Rs.2,00,000/- for the injuries sustained, he filed the claim petition for compensation in MCOP No.2493 of 2011. The tribunal passed an award on 26.11.2015 for a sum of Rs.76,000/-. The breakup details of the award reads as under :- Rs.

Pain and sufferings :

15,000 Medical Expenses :

10,000 Transportation :

10,000 Extra Nourishment :

5,000 Damage to clothing :

2,000 ----------- Total 76,000/- ------------

3. It is the grievance of the learned counsel for the appellant that compensation to the tune of Rs.76,000 is unwarranted in the light of the documentary evidence produced before the Tribunal. According to the learned counsel for the appellant, there was neither physical disablement nor functional disablement and therefore the amount of compensation awarded has to be proportionately reduced.

4. The contention of the learned counsel for the appellants warrants examination of oral and documentary evidence adduced before the claims Tribunal.

5. The Tribunal has relied upon Ex.P3, issued by the hospital, where under it is stated that the claimant has suffered fracture of 6th and 7th left rib bones. This injury, according to the Doctor, is a grievous injury.

6. The civil surgeon PW2 has issued disability certificate under Ex.P4 and his evidence is that that there was malunion in the fractured bones and this will lead to permanent disablement. The disablement caused pain in the chest during deep respiration and there was also difficulty in lying over the bed. Naturally this extent of disablement would affect his earning capacity. 7.The Tribunal did not award loss of earning capacity but has awarded only disablement compensation. The Tribunal has awarded disablement compensation at Rs.34,000/- at Rs.2,000/- per percentage of disability for 17% disablement, even though the Doctor has certified the disablement at 30%.

8. Therefore, transport corporation cannot have any grievance against the quantum of compensation. Thus, the grounds raised in the appeal by the appellant / Transport Corporation deserves no acceptance and therefore the appeal is liable to be dismissed.

9. In view of the above, the appeal is dismissed. Consequently, connected Miscellaneous Petition is also closed. No costs.

10. The appellant / Transport Corporation is directed to deposit the amount along with interest @ 7.5% per annum from the date of petition till the date of deposit and costs as ordered by the Tribunal, less the amount already deposited, if any, before the Tribunal within a period of four weeks from the date of receipt of a copy of this judgment, if not deposited

already. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the claimant through RTGS within a period of two weeks thereafter. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar vsi2 To 1.The Motor Accident Claims Tribunal, Cuddalore (Special Sub Court to deal with MCOP Cases, Cuddalore) C.M.A.No.1857 of 2017 RR(CO) NR 15/11/2017