The Managing Director v. Krishnamoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2015

CORAM

THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN C.M.A. No. 720 of 2015 & M.P. No. 1 of 2015 The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., No.3/137, Salamedu, Vazhuthareddy, Villupuram - 605 602.

..Appellant Vs.

Krishnamoorthy ..Respondent Prayer:

Civil Miscellaneous Appeal as against the judgment and decree dated 21.02.2014 passed in M.C.O.P. No. 1023 of 2010 by the Motor Accidents Claims Tribunal (V Small Causes Judge), Chennai. For Appellant ::

Mr.K.J. Sivakumar For Respondent ::

Mr.F. Terry Chellaraja for Mr.V. Velu

J U D G M E N T

This Civil Miscellaneous Appeal has been preferred by the Transport Corporation as against the award of Rs.3,64,500/- passed by the Motor Accidents Claims Tribunal (V Court of Small Causes), Chennai, in favour of the respondent herein, for the injuries sustained by him in the accident, which occurred on 24.12.2009. 2.

Heard Mr.K.J. Sivakumar, learned counsel for the appellant and Mr.F. Terry Chellaraja, learned counsel for the respondent/claimant.

3.

On a perusal of the records, it is seen that the respondent sustained head injury, right knee dislocation, left knee contusion, fracture of 4th, 5th and 6th ribs and was treated as an inpatient from 09.01.2010 to 12.01.2010 at Government Hospital, Maduranthagam. On account of the injuries sustained, the respondent is unable to stand for long hours and to perform his carpentry work.

Moreover, due to right knee dislocation, left knee contusion and fracture of 4th, 5th and 6th ribs, he is unable to carry on his previous activities normally. Therefore, the Tribunal, based on the evidence of P.W.3, Doctor, Ex-P6, Disability Certificate and other medical records, fixed the loss of earning power at 20% and the said determination cannot be found fault with.

4.

Though there was no positive evidence to prove the avocation of the respondent as a Carpenter, the Tribunal fixed the monthly income at Rs.6000/- and as per the age of the claimant, multiplier 16 was adopted and "Loss of earning power" was rightly calculated thus:

Loss of Earning Power ::

Rs.6000 x 12 x 16 x 20% ::

Rs.2,30,400/- The sum of Rs.18,000/- awarded towards "Loss of earning for three months", Rs.5000/- awarded towards "Transport to Hospital", Rs.2500/- awarded towards "Extra Nourishment", Rs.1000/- awarded towards "Damage to Clothes", Rs.2500/- awarded towards "Attendant Charges", Rs.50,000/- awarded towards "Pain and Suffering", another sum of Rs.50,000/- awarded towards "Loss of Amenities" and Rs.5000/- awarded towards "Medical Expenses" are all reasonable and therefore, confirmed. The award passed by the Tribunal, to the tune of Rs.3,64,400/- rounded off to Rs.3,64,500/- is just and reasonable and the same is sustained. The rate of interest fixed at 7.5% per annum by the Tribunal remains intact.

5.

The appellant is directed to deposit the entire award amount, with interest and costs, after deducting the amount, if any, already deposited, before the Tribunal, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the Tribunal is directed to re-invest the same, in any one of the Nationalised Banks, in interest bearing Fixed Deposit, at least for a period of 3 years. The claimant is permitted to withdraw interest accruing on such deposit once in three months. 6.

In the result, the Civil Miscellaneous Appeal is dismissed confirming the award passed by the Tribunal. No costs. Connected M.P. Is closed.

nv s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar

To The Presiding Officer, The MACT ( V Court of Small Causes), Chennai.

+ 1 cc to Mr.K.J.Sivakumar, Advocate SR 19180 + 1 cc to Mr.M.Velu, Advocate SR 19151 cnr(co) prk3/6 C.M.A. No. 720 of 2015