Shanmugam v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2021

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.NO.1873 OF 2020 Shanmugam ... Appellant/Petitioner Vs.

The Managing Director, Metropolitan Transport Corporation, Chennai.

... Respondent/Respondent Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree order dated 06.08.2019 made in M.C.O.P.No.167 of 2016, on the file of the Principal Special Judge, Special Court under E.C & NDPS Act, Chennai.

For Appellant :

Mr.Amar D.Pandiya For Respondent :

Mr.K.Moorthy

JUDGMENT

This appeal has been filed by the claimant for enhancement of compensation awarded by the Tribunal in the impugned judgment and decree dated 06.08.2019 passed by the Principal Special Judge, Special Court under E.C & NDPS Act, Chennai in M.C.O.P.No.167 of 2016.

2.By the impugned judgment and decree, the Tribunal has awarded a sum of Rs.1,09,000/- as compensation under following heads:-

Loss of Income Rs.24,000/- Loss of earning capacity Rs.60,000/- Attendant charges Rs. 5,000/- Pain and suffering Rs.10,000/- Loss of amenities Rs.10,000/- Total Rs.1,09,000/- 3.In this appeal, the appellant seeks for enhancement of compensation on the ground that the Tribunal has totally disregarded Ex.P4 disability summary given by Sri Ramchandra Medical Centre for the surgery undergone by the appellant for Non Secretary Pituitary Macroadenoma Sick Sinus Syndrome. He submits that the appellant met with an accident on 09.12.2015 and due to the accident, he was initially given a conservative treatment at Mahatma Gandhi Post Graduate Institute of Dental Sciences, Puducherry between 11.03.2015 to 23.12.2015. Since the fracture resulted in injuries, the appellant also suffered from defaulted Non Secretary Pituitary Macroadenoma Sick Sinus Syndrome and therefore had to undergo surgery at Sri Ramachandra Medical Centre and was once again hospitalized between 27.07.2016 to 01.08.2016.

4.He therefore submits that the appellant incurred a sum of Rs.2,61,611 towards Medical Expenses at Sri Ramchandra Medical Centre, Chennai. The learned counsel for the appellant submits that the Tribunal has wrongly erred in not awarding any amount through medical expenses were incurred by the appellant at Sri Ramachandra Medical Centre. That apart, the learned counsel for the appellant further submits that the Tribunal has also not awarded a just compensation on the other heads of compensation and therefore prays enhancement of the award amount in the impugned judgment and decree.

5.Defending the impugned judgment and decree, the learned counsel for the respondent/State Transport Corporation submits that the Tribunal has awarded a just compensation and therefore the award amount may be confimed and the appeal may be dismissed. 6.I have considered the arguments advanced by the learned counsel for the appellant and the respondent.

7.In my view, the Tribunal has correctly rejected the Ex.P4 as it does not have any casual connection with the injury to the appellant on 09.12.2015. However, an amount of Rs.1,09,000/- awarded by the Tribunal under the following heads are to be partly increased, considering the nature of injury. The injury would have put the appellant out of action and would have taken time to recover and get back to work. The Tribunal has awarded only a sum of Rs.24,000 towards Loss of Income for a period of two months. It is enhanced to Rs.72,000 (12,000 x 6). The Tribunal has awarded only a sum of Rs.10,000/- towards pain and suffering which is increased to Rs.25,000/-. Similarly, the Tribunal awarded only a sum of Rs.10,000/- towards loss of amenities. It is enhanced by another sum of Rs.5,000/-. The Tribunal has awarded a sum of Rs.

5,000/- towards Attenders charges. It is enhanced to Rs.10,000/-. Considering the nature of injuries suffered by the appellant further a sum of Rs.10,000/- to be added towards Extra Nourishment and a sum of Rs.10,000/- is hereby added towards Transportation. In the result, there shall be a partial enhancement of compensation as detailed below:- Sl.No.

Heads of Compensation Amount Awarded by the Tribunal Amount awarded by this Court Award confirmed or enhanced or reduced or granted or set aside 1.

Loss of Income Rs.24,000/- Rs.72,000/- (12,000x6) Enhanced 2.

Loss of earning capacity Rs.60,000/- Rs.60,000/- Confirmed 3.

Attendant charges Rs. 5,000/- Rs.10,000/- Enhanced 4.

Pain and suffering Rs.10,000/- Rs.25,000/- Enhanced 5.

Loss of amenities Rs.10,000/- Rs.15,000/- Enhanced Extra Nourishment ------ Rs.10,000/- Granted

Sl.No.

Heads of Compensation Amount Awarded by the Tribunal Amount awarded by this Court Award confirmed or enhanced or reduced or granted or set aside Transportation ------ Rs.10,000/- Granted Total Rs.1,09,000/- Rs.2,02,000/- Enhanced by Rs.93,000/- 8.In the light of the above, this appeal stands partly allowed by directing the respondent/State Transport Corporation enhanced amount of compensation of Rs.2,02,000/- together with interest at 7.5% per annum from the date of numbering of the claim petition till the date of such deposit, less any amount already deposited by it, within a period of six weeks from the date of receipt of a copy of this Judgment.

9.On such deposit being made by the respondent/Transport Corporation, the appellant/claimant is permitted to withdraw the same together with interest accrued thereon, less the amount already withdrawn if any, by filing suitable application before the Tribunal.

10.Accordingly, this appeal stands partly allowed. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar jas To:

1.

The Principal Special Judge, Special Court under E.C & NDPS Act, Chennai.

2.

The Managing Director, Metropolitan Transport Corporation, Chennai.

3.

The Section Officer, V.R.Section, Madras High Court, Madras.

+1cc to M/s.S.Ravikumar, Advocate, S.R.No.27968 +1cc to Mr.K.Moorthy, Advocate, S.R.No.27881 C.M.A.No.1873 of 2020 BP(CO) RLP(29/06/2022)