Mg.Director, v. Ramani,S/O. Thangaraj
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2015 CORAM :
THE HONOURABLE MS. JUSTICE K.B.K.VASUKI C.M.A. No. 2127 of 2003 and C.M.P. No.12957 of 2003 The Managing Director Tamilnadu State Transport Corporation Ltd., Railway Station Road, Kumbakonam Town & Munsif.
... Appellant/Respondent vs.
Ramani ... Respondent/Claimant PRAYER : Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Decree and Judgment made in M.A.C.T.O.P No.263 of 2002 dated 28.03.2003 on the file of the Motor Accidents Claims Tribunal (Additional District Judge), Nagapattinam. For appellant : Mr.M. Krishnamoorthy For respondent : MS.S.T.P. Kuzilmozhi
JUDGMENT
The Tamilnadu State Transport Corporation, who is the respondent before the Tribunal is the appellant herein.
2. The present appeal is filed against the award of compensation of Rs.1,80,000/- to the injured in the accident and the correctness of the impugned award is questioned only on the issue of quantum fixed by the Tribunal. The Tribunal, having regard to the nature of injuries sustained by the injured, his age, the nature of avocation, his monthly income, the surgery underwent by him for removing the injured right thumb, the period of hospitalisation and the pain and suffering undergone by him and by his family members in attending to his day to day needs during his hospitalisation and the other expenses incurred by them for transport, medicines, extra
nourishment etc., the loss of earning during his hospitalisation and during his post operation period, has awarded the compensation of Rs.1,80,000/- under the following heads :
Sl.
No.
Heads Amount granted 1.
Disability @ 45% Rs. 1,62,000.00 2.
Pain and Suffering Rs. 15,000.00 3.
Attender charges Rs. 3,000.00 Total Rs. 1,80,000.00 The Standing Counsel for the Transport Corporation representing the appeal questioned the degree of disability of 45%, that has been accepted by the Tribunal and also the compensation awarded for the same at Rs.1,62,000/- as contrary to the medical norms and the guidelines, and as highly excessive. It is also contended before this Court that as per the medical norms, the degree of disability for loss of thumb is only 20% and not 45% and the Tribunal has wrongly adopted 45% for the same, which has ended in grant of disproportionate award as compensation to the injured.
3. Whereas, the learned counsel for the respondent/ claimant would defend the impugned award by stating that the quantum of compensation is reasonable. The attention of this Court is drawn to the omission on the part of the Tribunal to award any compensation for medical expenses, extra nourishment, travelling expenses, loss of earning during hospitalisation period and also the lesser amount awarded as compensation for pain and suffering and attender charges. It is argued by learned counsel for the respondent that any reasonable sum awarded towards the factors stated above, would justify the award of Rs.1,80,000/-, to be only reasonable.
4. This Court, finds the contention raised on the side of the respondent claimant deserves merit and acceptance. Though the sum of Rs.1,80,000/- awarded towards disability sustained by the injured is highly excessive, if it is apportioned for other factors as stated above, it is nothing but just and reasonable and warrants no interference.
5. In the result, the Civil Miscellaneous Appeal stands dismissed. Time for deposit of entire award amount, if not so far deposited, is four weeks from the date of receipt of a copy of this judgment, and on such deposit, the claimant/injured is permitted to
withdraw the entire amount by filing Cheque Petition before the Tribunal. Consequently, the connected M.P is closed. No costs. -s/dAssistant Registrar(CSIII) dt:07/10/2015 True Copy Sub-Assistant Registrar avr To 1.The Additional District Judge Motor Accident Claimst Tribunal Additional District Judge Nagapattinam.
2.The Section Officer, VR.Section, High Court, Madras +1 cc to Mr.M.Krishnamoorthy Advocte sr.40363 +1 cc to Mr.Veera Kathiraran,Advocate sr.40657 C.M.A.No.2127 of 2003 and C.M.P. No.12957 of 2003 gr(co) aa08/10/2015