Manoharan v. Tnstc Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2017 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)Nos.330 of 2017 & 869 of 2016 and C.M.P.(MD).No.8085 of 2016 Manoharan ... Appellant in C.M.A.No.330 of 2017
...Respondent in C.M.A.No.869 of 2016
Vs.
Tamil Nadu State Transport Corporation Limited, Through its Managing Director, No.2, Trivandrum Road, Vannarapettai, Tirunelveli-627 003 .... Respondent in C.M.A.No.330 of 2017 ...Appellant in C.M.A.No.869 of 2016 Prayer in C.M.A.(MD)No.330 of 2017: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to allow this appeal and enhance the award amount made in M.C.O.P.No.495 of 2013, on the file of the Motor Accident Claims Tribunal (4th Additional District Court), Tirunelveli, dated 09.06.2014.
Prayer in C.M.A.(MD)No.869 of 2016: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree made in M.C.O.P.No.495 of 2013, on the file of the Motor Accident Claims Tribunal (4th Additional District Court), Tirunelveli, dated 09.06.2014.
In C.M.A.(MD)No.330 of 2017 For Appellant : Mr.T.Selvakumaran For Respondent : Mr.P.Prabhakaran In C.M.A.(MD)No.869 of 2016 For Appellant : Mr.P.Prabhakaran For Respondent : Mr.T.Selvakumaran COMMON JUDGMENT Heard the learned counsel on either side.
2.The Transport Corporation as well as the injured claimant
have filed both appeals, questioning the impugned award. While the claimant would pray for enhancement of the compensation, the Transport Corporation would contend what was awarded is already excessive.
3.One Manoharan, an agricultural coolie, was riding his twowheeler on 03.01.2013 at about 12.30 p.m in the north bye pass road near Thatchanallur Vaika Palam, when the bus belonging to the Transport Corporation hit him. The claimant suffered injuries on his leg. He underwent a major surgery. He was inpatient in a hospital for a period of 15 days under two spells. He incurred a sum of Rs.55,000/- towards treatment. The doctor assessed his disability at 38%. Ex.P.18 was filed to substantiate the said contention. The Tribunal awarded a sum of Rs.4,64,000/- as compensation.
4.The Tribunal adopted the multiplier method. It is not the case of the claimant that he has suffered functional disability. Therefore, adopting the multiplier method, cannot be said to be correct.
5.The compensation payable to the claimant can be reworked as under:
Sl.No Heads Amount in Rupees 1.
For disability Rs.1,14,000/- 2.
For Medical expenditure Rs. 55,000/- 3.
For attender charges Rs. 31,000/- 4.
For loss of income Rs. 60,000/- 5.
For loss of love and affection Rs. 50,000/- 6.
For loss of amenities Rs. 15,000/- 7.
For transportation Rs. 5,000/- 8.
For extra nourishment Rs. 5,000/- Total Rs.3,35,000/- 6.The award payable to the claimant is reduced from Rs.4,64,000/- to Rs.3,35,000/-. Therefore the award dated 09.06.2014, made in M.C.O.P.No.495 of 2013, on the file of the Motor Accident Claims Tribunal (4th Additional District Court), Tirunelveli, is modified accordingly.
7.The appellant/State Transport Corporation is directed to deposit the compensation amount of Rs.3,35,000/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this judgment less the amount already deposited, if any. On such deposit, the
respondent /claimant is entitled to withdraw the same, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal. The State Transport Corporation is permitted to withdraw the remaining amount if, any. 8.C.M.A.(MD).No.869 of 2016 stands allowed accordingly. C.M.A.(MD).No.330 of 2017 stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To
1. The 4th Additional District Judge, (The 4th Additional District Court) The Motor Accident Claims Tribunal, Tirunelveli.
2. The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 copies) + 1 cc TO Mr.T.Selvakumaran , Advocate in SR No. 94169 + 2 cc TO Mr.P.Prabhakaran , Advocate in SR No. 93674,93675 tsg AE/JC/SAR1/06.06.2018/3P/7C C.M.A.(MD)Nos.330 of 2017 & 869 of 2016 19.12.2017