D.Sampath v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2023

CORAM

MR.JUSTICE N.SESHASAYEE C.M.A. No.2631 of 2023 D.Sampath ... Appellant Vs.

The Managing Director State Express Transport Corporation Ltd., Pallavan Salai, chennai-3 ... Respondent Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 23.01.2023 in M.C.O.P. No.4181 of 2017 on the file of Motor Accident Claims Tribunal (IV Small Causes Court Judge), Chennai.

For Appellant : Mr.S.Udhayakumar For Respondents : Mr.Raghuraman Page 1/6

JUDGMENT

The appellant herein has suffered injuries to his person when the two wheeler which he was riding, was knocked down by a bus bearing Registration No.TN63 N-1065, belonging to the respondent Corporation. In the accident, the appellant had suffered major injuries to his neck and was treated in three different hospitals and was an in-patient for a total period of 41 days, as evidenced by Exts.P2 to P4. Seeking compensation, he approached the Motor Accident Claims Tribunal (IV Small Causes Court Judge), Chennai in M.C.O.P. No.4181 of 2017.

2. At the instance of the Tribunal, the appellant appeared before the Medical Board, which vide Ext.C1 - Report, determined the disability of the appellant as 20% partial permanent disability. The Tribunal, however has awarded a lump-sum of Rs.25,000/- for the disability suffered by the victim and after granting compensation for other non pecuniary-conventional heads of compensation, it awarded a sum of Rs.1,47,534/-. It may have to be stated that, out of the sum awarded, Rs.51,034/- includes expenses towards medical bills, which the victim had paid. The break-up details is as below: Page 2/6

1. Disability : Rs.25,000/-

2. Medical Expenses : Rs.51,034/-

3. Pain and suffering : Rs.20,000/-

4. Transportation Expenses : Rs. 5,000/-

5. Nutrition Expenses : Rs.10,000/-

6. Damages to clothes : Rs. 1,000/-

7. Attender charges : Rs.20,500/-

8. Loss of amenities : Rs.15,000/- ------------------- : Rs.1,47,534/- -------------------

3. Aggrieved by the inadequacy of the compensation, the victim is now before this court with this appeal.

4. Heard both sides and perused the materials available on record.

5. Learned counsel for the appellant submitted that the Tribunal had awarded a lump-sum amount of Rs.25,000/- for victim's partial permanent disability of 20%, which works out little over Rs.1,000/- per percentage of disability. He Page 3/6

also submitted that the compensation paid under other conventional heads is also unrealistically low.

6. On a careful scrutiny of the award, this court finds that there is merit in the contention of the appellant. This court, accordingly, chooses to make necessary modification in the same award, to make the award just, fair and reasonable and the details are provided in the tabulation below: Sl.

No.

Head Amount awarded (in Rs.) Disability (Rs.4,000/- x 20) 80,000/- Medical Expenses 51,034/- Pain and suffering 50,000/- Transportation Expenses 15,000/- Nutrition Expenses 25,000/- Damages to clothes 1,000/- Attender charges 25,000/- Loss of amenities 15,000/- Total 2,62,034/- Page 4/6

7. In fine, this court partially allows the appeal and enhances the compensation payable to the appellant/claimant from Rs.1,47,534/- to Rs.2,62,034/-. The respondent is stated to have deposited the sum awarded by the Tribunal before the Tribunal. It is now required to deposit the differential sum with interest at the rate of 7.5% within a period of ten weeks from the date of receipt of a copy of this judgment. On such deposit, the claimant is entitled to withdraw the entire sum. No costs.

20.12.2023 Asr Index: Yes/No Speaking Order / Non-Speaking Order To The Motor Accident Claims Tribunal, (IV Small Causes Court Judge), Chennai.

Page 5/6

N.SESHASAYEE, J.

Asr C.M.A. No.2631 of 2023 Dated : 20.12.2023 Page 6/6