Madras High Court
Gana vs The Managing Director on 19 April, 2021
Author: C.Saravanan
Bench: C.Saravanan
C.M.A.No.3723 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.3723 of 2019
Gana ... Appellant
Vs.
The Managing Director,
Chennai Metropolitan Transport Corporation Limited,
Pallavan House, Anna Salai,
Chennai – 600 002. ... Respondent
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree dated 06.11.2017
made in M.C.O.P.No.121 of 2012 on the file of the Motor Accidents
Claims Tribunal, Subordinate Judge, Ponneri.
For Appellant : M/s.A.Subadra
For Respondent : Mr.K.Moorthy
JUDGMENT
The claimant is the appellant in this appeal and is aggreived by the meagre amount of compensation awarded for the injuries suffered by the appellant.
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2. By the impugned Judgment and decree dated 06.11.2017 in M.C.O.P.No.121 of 2012, the Motor Accidents Claims Tribunal, Subordinate Judge, Ponneri, has awarded a sum of Rs.8,80,000/- as compensation under the following heads:-
Disability Rs.1,00,000/-
Medical Bills Rs.7,40,000/-
Transport to Rs. 5,000/-
Hospital
Extra Nourishment Rs. 10,000/-
Pain and Sufferings Rs. 25,000/-
Total Rs.8,80,000/-
3.The appellant was a Trainee in a Telecommunication company called MMC Infotech Services (P) Ltd, Anna Salai met with an accident on 31.12.2011. Though no documents have been furnished to substantiate that the appellant had suffered permanent disability or partial permanent disability, the discharge certificate filed before the Tribunal indicates that the nature of injury which are the nature of fracture of humerus M/3-L/3 Junction with radial nerve palsy, Grade III Compound fracture radius and ulna U/3 with open elbow, bone chips exposed, forearm hanging freedly, wrist, figure extension not possible, sensation deceased over autonomous zone of radial and ulnar nerve, ulnar and _________ https://www.mhc.tn.gov.in/judis/ Page No 2 of 6 C.M.A.No.3723 of 2019 radial pulse palpable and other multiple grievous injuries all over the body. For the above injuries the appellant had undergone debridement and external fixator application on 01.01.2012 and underwent muscle free flap and SSG on 02.01.2012. Further on 24.01.2012 external fixation was removed from the right upper limb and elbor POP Slab applied on 18.04.2012 redo plating proximal right ulna was done under general anesthesia and further on 27.09.2012 tendon transfer PL2 EPL, FCR right hand immediately after the accident he was admitted at Apollo Hospital, Chennai as in-patient on from 31.12.2011 to 09.01.2012. It is further noticed that immediately after the accident, the injured appellant was admitted at Apollo Hospital where she has taken treatment as an inpatient from 31.12.2011 to 09.01.2012 and has undergone surgeries on 01.01.2012 and 02.01.2012. Again she was admitted in the same Hospital as inpatient from 23.01.2012 to 25.01.2012 for the second time and had undergone surgery on 24.01.2012 and for the 3rd time she was admitted MN Orthopaedic Hospital, Kilpauk where she was taken treatment from 17.04.2012 to 20.04.2012 and undergone surgery on 18.04.2012 and continued her treatment as an outpatient in the same hospital.
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4.Considering the same, the fact that the appellant has incurred a sum of Rs.7,40,000/- at Apollo Hospital and had to be hospitalized on five different occasions for different kinds of surgeries, I am inclined to enhanced the compensation by awarding compensation towards disability by adopting multiplier at a monthly notional income of Rs.10,000/- per month. The functional disability is assessed at 25%. Under these circumstanes, the compensation awarded by the Tribunal is enhanced as follows:-
Monthly Notional Income Rs.10,000 Rs.7,56,000 + Future Prospectus 40% Rs. 4,000
--------------
Rs.14,000
(14,000 x 12 x 18 x 25%
disability) Rs.7,56,000
Medical Bills Rs.7,40,000
Transport to Hospital Rs. 5,000
Extra Nourishment Rs. 10,000
Pain and Sufferings Rs. 25,000
Total Rs.15,36,000
5.The respondent/Insurance Company is therefore directed to deposit the enhanced amount of compensation of Rs.15,36,000/- together with interest at 7.5% per annum from the date of numbering of the claim petition till the _________ https://www.mhc.tn.gov.in/judis/ Page No 4 of 6 C.M.A.No.3723 of 2019 date of such deposit, less any amount already deposited by it, within a period of eight weeks from the date of receipt of a copy of this Judgment.
6. On such deposit being made by the respondent/Insurance Company, the appellant/claimant is permitted to withdraw the same together with interest accrued thereon, less any amount already withdrawn in the same proportion as was ordered by the Tribunal.
7.This Civil Miscellaneous Appeal stands Partly Allowed with the above observations. No costs.
19.04.2021 jas Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order To:
1.The Managing Director, Chennai Metropolitan Transport Corporation Limited, Pallavan House, Anna Salai, Chennai – 600 002.
2.The Motor Accidents Claims Tribunal, Subordinate Judge, Ponneri.
3.The Section Officer, Vernacular Section, Madras High Court.
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