J.Muthukumar v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. J.Muthukumar S/o. Jaganathan F1, Sathyam Homes, No.11/3, Thiruporur Road, Hasthinapuram, Chennai 064 Appellant(s) Vs

1. The Managing Director Tamil Nadu State Transport Corporation (VPM) Limited, Villupuram 2.The Branch Manager Tamil Nadu State Transport Corporation (VPM) Limited, Koyambedu Bus Terminus, Chennai 3.The Superintendent of Police Special Task Force, Erode.

Respondent(s)

PRAYER To enhancing the compensation awarded in the Judgment and Decree dated 04.01.2025 passed in M.C.O.P. No. 4707 of 2019, on the file of the Motor Accident Claims Tribunal (In the IV Court of Small Causes, Chennai) For Appellant(s):

Mr.K.Balaji For Respondent(s):

Mr.S.Santhosh Kumar For R1 And R2 Mr.C.Sathish Govt.Advocate For R3 JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the compensation awarded in the Judgment and Decree dated 04.01.2025 passed in M.C.O.P. No. 4707 of 2019, on the file of the Motor Accident Claims Tribunal (In the IV Court of Small Causes, Chennai)(in short ''tribunal).

2. On 22.05.2019 at about 18.30 hours, when the claimant riding the motorcycle bearing registration No. TN 01 A H 9730, at that time TNSTC bus bearing registration No. TN 32 N 3992 driven by its driver in a very rash and negligent manner and hit the two wheeler, due to which, the claimant fell down and at that time driver of the Van bearing registration No. TN 33 G 0772 came behind and ran over the claimant's right leg due to which the claimant sustained

grevious injuries. Thereafter, the claimant filed the petition before the tribunal claiming compensation. The respondents contested the case by filing Counter. After considering the oral and documentary evidence, the tribunal awarded compensation. Challenging the quantum of compensation, the claimant filed this appeal.

3. The learned counsel for the appellant/claimant submits that as per the medical board the claimant sustained 19% permanent disability to that effect disability certificate was marked as Ex.C1 but without considering the disability certificate tribunal has fixed Rs.7,000/- per percentage of disability in stead of adopting multiplier method. Further, the tribunal has awarded very less amount for other heads. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent submits that as per discharge summary the claimant has completely recovered from the injury and also the claimant has not produced any document to prove his income. Therefore, the tribunal rightly passed the award which needs no interference.

5. A perusal of the records, it reveal that the claimant has sustained only fracture and the medical board has assessed 19% disability and also considering

the cost of living at the time of the accident this Court is inclined to fix Rs.9,000/- per percentage of disability. Accordingly, the claimant is entitled to Rs.1,71,000/- under the head of disability. However, the claimant has taken inpatient treatment for nearly 90 days hence this Court is inclined to fix Rs.18,000/- per month for a period of 6 months. Accordingly, the claimant is entitled to Rs.1,08,000/- under the head of loss of income.

6. Further, the claimant has taken treatment for nearly 90 days hence this Court is inclined to fix Rs.10,000/- for transportation and Rs.25,000/- for extra nourishment and Rs.15,000/- for loss of amenities. Except above modification, the award passed by the tribunal in other heads remain unchanged.

7. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- S.No.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 1.

Pain and sufferings Rs.75,000/- Rs.75,000/- 2.

Loss of Income Rs.34,500/- Rs.1,08,000/- 3.

Medical Expenses Rs.11,104/- Rs.11,104/- 4.

Transportation expenses Rs.5,000/- Rs.10,000/-

S.No.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 5.

Extra Nourishment Rs.5,000/- Rs.10,000/- 6.

Attender charges Rs.10,000/- Rs.15,000/- 7.

Damages to cloths and article Rs.2,000/- Rs.2,000/- 8.

Lost of amenities Rs.40,000/- Rs.40,000/- 9.

For permanent disability Rs.1,33,000/- Rs.1,71,000/- Total Rs.3,20,604/- Rs.4,42,104/- Rounded off to Rs.4,42,100/-

8. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.4,42,100/-. The 1st respondent is directed to deposit the said amount - together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of M.C.O.P. No. 4707 of 2019, on the file of the Motor Accident Claims Tribunal (In the IV Court of Small Causes, Chennai), within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal.

7. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.

24-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1.The Managing Director Tamil Nadu State Transport Corporation (VPM) Limited, Villupuram 2.The Branch Manager Tamil Nadu State Transport Corporation (VPM) Limited, Koyambedu Bus Terminus, Chennai 3.The Superintendent of Police Special Task Force, Erode.

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

5. The Motor Accident Claims Tribunal (In the IV Court of Small Causes, Chennai)

T.V.THAMILSELVI J.

pbl 24-07-2025