The Managing Director v. Balkees Bibi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2023
CORAM
MR.JUSTICE N.SESHASAYEE C.M.A. No.2353 of 2023 and C.M.P. No.22248 of 2023 The Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Division I 37, Mettupalayam Road Coimbatore at Erode ... Appellant Vs.
Balkees Bibi ... Respondent Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment dated 04.08.2023 made in M.C.O.P. No.1864 of 2014 on the file of the Presiding Officer, Exclusive Motor Accidents Claims Tribunal, Tirupur.
For Appellant : Mr.M.Murali Vinodh For Respondents : Mr.Ma.Pa.Thangavel 1/6
JUDGMENT
In an accident that took place on 08.11.2014, the respondent who was the passenger of the bus bearing Registration No.TN-33 N-2145 belonging to the appellant herein suffered injuries. The accident is not disputed. In the accident, the respondent has suffered multiple crush injuries to her right hand and her disability was assessed at 62% by the Medical Board vide Ext.C1. The Tribunal had reckoned the disability as functional disability and reckoned it as 40%. It also reckoned the monthly income of the victim notionally at Rs.7,500/- to which 10% is added towards future prospects, since the victim was 58 years old and after applying 9 as multiplier and reducing the sum arrived to 40%, the Tribunal had arrived at loss of future earning power at Rs.3,56,400/-. In all, the Tribunal has awarded a total compensation of Rs.6,65,341/-. The break-up details are as below:
Sl. No.
Under the Head Calculation 1.
Loss of income for a period of four months till recovery (Rs.7,500/- x 4 = Rs.30,000/-) Rs. 30,000/- 2.
Future loss of income for 40% functional disability is Rs.3,56,400/- Rs.3,56,400/- 3.
Expenses towards transportation Rs. 20,000/- 2/6
Sl. No.
Under the Head Calculation 4.
Expenses towards extra nourishment Rs. 30,000/- 5.
Expenses towards attender charges Rs. 25,000/- 6.
Expenses towards clothes and articles Rs. 5,000/- 7.
Expenses incurred for treatment and medicines Rs. 73,941/- 8.
Pain and suffering and loss of amenities (Rs.75,000/- + Rs.50,000/-) Rs.1,25,000/- Total Rs.6,65,341/-
2. Aggrieved by the quantum awarded by the Tribunal, the appellant is before this court.
3. The learned counsel for the appellant essentially contended that the notional income has been fixed by the Tribunal at higher level, as the accident had taken place in 2014.
4. Per contra, the learned counsel for the respondent contended, given the fact that the injuries the victim had suffered are crush injuries to her right hand, she hardly could do any function and the Tribunal has already reduced the percentage of disability from 62% as provided in Ext.C1 to 40% functional disability and the respondent/claimant demanded that it had to be increased to 3/6
50%.
5. After hearing rival sides, this court considers it appropriate and finds that the approach of the Tribunal cannot be faulted or the quantum it had arrived.
6. In fine, this court finds no material to interfere with the order of the tribunal. Accordingly, this civil miscellaneous appeal is dismissed. No costs. Consequently, the connected civil miscellaneous petition is closed. The appellant/transport corporation is directed to deposit the entire award amount of Rs.6,65,341/- with interest at the rate of 7.5% per annum from the date of presentation of the petition till the date of realisation, within a period of 12 weeks from the date of receipt of a copy of this judgment. 29.11.2023 Asr Index: Yes/No Speaking Order / Non-Speaking Order To The Presiding Officer, 4/6
Exclusive Motor Accidents Claims Tribunal, Tirupur.
N.SESHASAYEE, J.
Asr 5/6
C.M.A. No.2353 of 2023 and C.M.P. No.22248 of 2023 Dated : 29.11.2023 6/6