The Managing Director v. R.Saravanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.10.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA & C.M.P.No.17231 of 2022 The Managing Director, Tamil Nadu State Transport Corporation (VPM - Divn) Ltd., No.3/137, Salamedu, Vashuthareddy and Post, Villupuram Taluk - 605 402.
...Appellant Vs R.Saravanan ... Respondent Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgement and Decree dated 24.03.2022 made in M.C.O.P.No.180 of 2015 on the file of the Motor Accident Claims Tribunal, the I Additional Sub Judge (FAC), 1/7
Cuddalore.
For Appellant :
Mr.K.J.Sivakumar For Respondent :
Mrs.Ramya V. Rao JUDGEMENT The Transport Corporation has filed the above appeal challenging the award primarily on the ground of quantum.
2. Mr.K.J.Sivakumar, learned counsel for the appellant Transport Corporation would contend that the Tribunal below has committed an error in adding future prospects to the amount granted under the head of Partial Permanent Disability overlooking the fact that it is a claim seeking compensation for injuries sustained. That apart, the Tribunal has committed an error in granting the amount 2/7
under the head of Temporary Loss of Income.
3. Mrs.Ramya V.Rao, learned counsel appearing for the respondent would admit that since it is the case of injury and Partial Permanent Disability, the future prospects cannot be granted. Taking into account the above arguments, the amount granted under the head of Partial Permanent Disability is reduced to a sum of Rs.4,14,720/- (Rs.9,000/- X 12 X 24% X 16).
4. The amounts granted under the head of Temporary Loss of Income is deleted. Therefore, the award amount is reduced to a sum of Rs.4,89,720/-.
5. The award of the Tribunal below is re-worked as follows: 3/7
Head Award of the Tribunal Award of the High Court Remarks Partial Permanent Disability Rs.5,80,608/- Rs.4,14,720/- Reduced Transport Rs.10,000/- Rs.10,000/- Confirmed Extra Nourishment Rs.10,000/- Rs.10,000/- Confirmed Attender Charges Rs.5,000/- Rs.5,000/- Confirmed Pain & Sufferings Rs.30,000/- Rs.30,000/- Confirmed Loss of Amenities Rs.20,000/- Rs.20,000/- Confirmed Temporary Loss of Income Rs.27,000/- ..........
Deleted Total Rs.6,82,608/- Rs.4,89,720/- together with interest @ 7.5% p.a.
Reduced.
6. The appellant Transport Corporation is directed to deposit the award amount along with interest and costs, less the amount already deposited within a period of six weeks from the date of receipt of a 4/7
copy of this Judgement, to the credit of M.C.O.P.No.180 of 2015. On such deposit, the petitioner / respondent is permitted to withdraw the award amount, after adjusting the amount, if any, already withdrawn, by filing necessary application before the Tribunal.
7. The Civil Miscellaneous Appeal is partly allowed. Consequently, connected Civil Miscellaneous Petition is closed. No costs.
14.10.2022 kan Index: Yes/No Speaking order/non-speaking order To, The Motor Accident Claims Tribunal, the I Additional Sub Judge (FAC), Cuddalore.
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P.T.ASHA, J., kan 6/7
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