Kumar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2021
CORAM:
THE HON'BLE MRS.JUSTICE S.KANNAMMAL C.M.A.No.1336 of 2020 Kumar ... Appellant/Petitioner .Vs.
The Managing Director, Tamil Nadu State Transport Corporation (Div I) Ltd., 3/137, Salamedu Vazhuthareddy, Villupuram.
... Respondent/Respondent PRAYER:- This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 02.07.2020 made in M.C.O.P.No.2101 of 2016 on the file of the Motor Accident Claims Tribunal, I Additional Sub Judge, Cuddalore.
For Appellant :
Mrs.Ramya V.Rao For Respondent :
Mr.T.S.K.Sathish Kumar
JUDGMENT
(The Case has been heard through Video Conference) This Civil Miscellaneous Appeal has been filed for enhancement of compensation granted by the award dated 02.07.2020 made in M.C.O.P.No.2101 of 2016 on the file of the Motor Accident Claims Tribunal, I Additional Sub Judge, Cuddalore.
2. The appellant is the claimant in M.C.O.P.No.2101 of 2016 on the file of the Motor Accident Claims Tribunal, I Additional Sub Judge, Cuddalore. He filed the above said claim petition, claiming a sum of Rs.25,00,000/- as compensation for the
injuries sustained by him in the accident that took place on 08.03.2016.
3. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the bus belonging to the respondent-Transport Corporation and directed the respondent-Transport Corporation to pay a sum of Rs.14,60,500/- as compensation to the appellant/claimant.
4. Not being satisfied with the amounts awarded by the Tribunal, the appellant has come out with the present appeal seeking enhancement of compensation.
5. The learned counsel appearing for the appellant contended that the Tribunal ought to have granted compensation for 100% permanent disability to the appellant instead granting compensation for 90% permanent disability. The appellant was working as a Mason and earning a sum of Rs.20,000/- per month and the monthly income fixed by the Tribunal at Rs.6,500/- is meagre. The amounts awarded by the Tribunal under different heads are meagre and prayed for enhancement of compensation.
6. Per contra, Mr.T.S.K.Sathish Kumar, learned counsel appearing for the respondent-Transport Corporation contended that in the absence of any material evidence to prove the avocation and income, the monthly income fixed by the Tribunal at Rs.6,500/- is not meagre. The Tribunal accepted the disability of the appellant at 90% as assessed by the Medical Board and adopted multiplier method for awarding compensation towards future loss of income. Therefore, the appellant is not entitled to any enhancement. The amounts awarded by the Tribunal under different heads are not meagre and prayed for dismissal of the appeal.
7. Heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the respondentTransport Corporation and perused the entire materials on record.
8. From the award passed by the Tribunal, it is seen that the appellant's right leg above knee was amputated and the JIPMER Medical Board, Puducherry has assessed that the appellant suffered 90% partial permanent disability and issued Ex.C1/disability certificate to that effect. The Tribunal after considering Ex.C1/disability certificate, adopted multiplier method for awarding compensation towards future loss of income, which is proper. It is the contention of the appellant that he was working as a Mason and was earning a sum of Rs.20,000/- per month. He failed to prove the said contention. In the absence of
any material evidence with regard to avocation and income, the Tribunal fixed a sum of Rs.6,500/- per month as notional income of the appellant. The accident occurred in the year 2016 and the appellant was aged 41 years at the time of accident. Considering the year of accident, age and nature of work done by the appellant, the notional income fixed by the Tribunal at Rs.6,500/- per month is meagre and the same is enhanced to Rs.12,000/- per month. In view of the above, the compensation awarded by the Tribunal towards future loss of income is modified to Rs.22,68,000/- {[Rs.12,000/- + Rs.3,000/- (25% of Rs.12,000/-)] x 12 x 14 x 90/100]}. In view of the excess amounts awarded by the Tribunal towards pain and sufferings, extra nourishment and attendant charges, the appellant is not entitled for further enhancement.
The Tribunal awarded a sum of Rs.75,000/-, Rs.5,000/- and Rs.15,000/- towards loss of amenities, transportation and future medical expenses are hereby enhanced to Rs.1,00,000/-, Rs.25,000/- and Rs.20,000/- respectively. Therefore, the compensation awarded by the Tribunal under other heads are just and reasonable and hence, the same are confirmed.
S.
No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted
1. Permanent disability and loss of income 12,28,500/- 22,68,000/- Enhanced
2. Pain and sufferings 1,00,000/- 1,00,000/- Confirmed
3. Loss of amenities 75,000/- 1,00,000/- Enhanced
4. Extra nourishment 25,000/- 25,000/- Confirmed
5. Attendant charges 12,000/- 12,000/- Confirmed
6. Transportation 5,000/- 25,000/- Enhanced
7. Future medical expenses 15,000/- 20,000/- Enhanced Total Rs.14,60,500/- Rs.25,50,000/- enhanced by Rs.10,89,500/-
9. In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.14,60,500/- is hereby enhanced to Rs.25,50,000/- together
with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The appellant-claimant is directed to pay necessary Court fee, if any, on the enhanced compensation. The respondent-Transport Corporation is directed to deposit the enhanced award amount now determined by this Court along with interest and costs, less the amount already deposited if any, within a period of twelve weeks from the date of receipt of a copy of this judgment. On such deposit, the appellant is permitted to withdraw the enhanced award amount, along with interest and costs, less the amount if any, already withdrawn. No costs.
Sd/- Deputy Registrar(LAK) //True Copy// Sub Assistant Registrar gbi To 1.
The I Additional Sub Judge, Motor Accident Claims Tribunal, Cuddalore.
2.
The Section Officer, V.R. Section, High Court, Madras.
+2ccs to Mr.A.N.Viswanatha Rao, Advocate, S.R.No.33426 C.M.A.NO.1336 OF 2020 PM(CO) PBS/25/10/2021