Madras High Court
Dharmalingam vs State Transport Corporation Limited on 25 September, 2018
Author: V.M.Velumani
Bench: V.M.Velumani
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.09.2018
CORAM
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.(MD)No.1421 of 2010
Dharmalingam ... Appellant
Vs.
State Transport Corporation Limited,
through its Managing Director,
Pallavan Salai,
Chennai. ... Respondent
PRAYER: Civil Miscellaneous Petition filed under Section 173 of
Motor Vehicles act 1988, against the Judgment and Decree made in
M.C.O.P.No.380 of 2007 on the file of the Motor Accident Claims
Tribunal / Chief Judicial Magistrate, Thirunelveli, dated 22.03.2010.
For Appellant : Mr.T.Selvakumaran
For Respondent : Mr.P. Prabhakaran
JUDGMENT
This Civil Miscellaneous Petition has been filed against the Award dated 22.03.2010, made in M.C.O.P.No.380 of 2007, on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Thirunelveli.
http://www.judis.nic.in 2
2. The appellant is the claimant in M.C.O.P.No.380 of 2007 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Thirunelveli. He has filed the said claim petition claiming a sum of Rs.20,00,000/- as compensation for the injuries sustained by him in the accident that occurred on 06.11.2007.
3. According to the appellant, while he was travelling in a bus bearing Regn. No. TN 01 N 6993 belonging to the respondent from Rameswaram to Chennai, he fell down from the footboard and the front wheel of the bus ran over the appellant's leg. Due to the accident, the appellant sustained multiple grievous injuries. He was admitted in the Government Hospital, Villupuram, for first-aid and thereafter, he took treatment at Apollo Hospital, Chennai and admitted as in-patient from 06.11.2007 to 11.12.2007. He incurred expenditure for treatment and for other expenses and hence, he claimed a sum of Rs.20,00,000/- as compensation.
4. Before the Tribunal the respondent / Transport Corporation filed counter and contended that due to the negligence of the appellant, the accident has been occurred and hence, the respondent is not liable to pay any compensation to the appellant. http://www.judis.nic.in 3
5. The Tribunal considering the pleadings oral and documentary evidence let in by the parties, came to the conclusion that the accident occurred only due to rash and negligent driving by the driver of the bus and considering the materials available on record, awarded a sum of Rs.4,15,669/- as compensation.
6. Not being satisfied with quantum of compensation awarded, the appellant has come out with present appeal for enhancement of compensation.
7. The learned counsel appearing for the appellant contended that the Doctor, who was examined as P.W.2, has stated that the appellant sustained permanent disability of 40%. He further contended that the Tribunal reduced the percentage of permanent disability to 38% on erroneous reason. The Tribunal ought to have awarded Rs.80,000/- for permanent disability of 40%. He further stated that the amount awarded under the other heads are also very meager and prayed for enhancement of compensation.
8. Per contra, the learned counsel appearing for the respondent contended that the Tribunal has appreciated all the materials on record in proper perspective, awarded compensation and http://www.judis.nic.in 4 the same is just and proper. He further contended that the Tribunal has given valid reason for reducing the percentage of permanent disability and prayed for dismissal of this appeal.
9. I have heard the learned counsel appearing on either side and perused the materials available on record.
10. From the materials on record, it is seen that the Doctor, who was examined as P.W.2, has certified the permanent disability of the appellant, due to the accident, as 40%. But, the Tribunal has awarded only a sum of Rs.47,500/- by granting Rs.1,250/- per percentage of disability for 38%, which is very meagre and hence, the same is enhanced to Rs.80,000/- for 40% of disability by granting Rs.2,000/- per percentage of disability. The Tribunal has awarded a sum of Rs.3,000/- each towards attendant charges and extra nourishment and the same is very meager. Considering the fact that the appellant was in the hospital for more than one month, the amount awarded by the Tribunal towards attendant charges and extra nourishment is enhanced to Rs.10,000/- each. In all other aspects, the amount awarded by the Tribunal is hereby confirmed. Therefore, the award of the Tribunal is enhanced from Rs.4,15,669/- to Rs.4,62,170/- in the following manner:-
http://www.judis.nic.in 5 S.No Description Amount Amount awarded by Award confirmed awarded by this Court or enhanced or Tribunal granted 1 Disability 47,500.00 80,000.00 Enhanced by Rs.32,500/-
2 Loss of Income 12,000.00 12,000.00 Confirmed
during the
treatment period
3 Transportation 5,000.00 5,000.00 Confirmed
4 Pain and suffering 25,000.00 25,000.00 Confirmed
5 Medical expenses 3,20,169.00 3,20,169.00 Confirmed
6. Extra Nourishment 3,000.00 10,000.00 Enhanced by
Rs.7,000/-
7 Attendant charges 3,000.00 10,000.00 Enhanced by
Rs.7,000/
Total 4,15,669.00 Rs.4,62,169.00 Enhanced by
r/o to Rs. Rs.46,500/-
4,62,170/-
11. The interest awarded by the Tribunal at the rate of 7.5% per annum remains un-altered.
12. The respondent / Transport Corporation is directed to deposit Rs.4,62,170/- together with interest at 7.5% per annum from the date of petition till the date of realization, to the credit of M.C.O.P.No.380 of 2007, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Thirunelveli, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the appellant / claimant is permitted to withdraw the award amount with accrued interest and costs by filing necessary application http://www.judis.nic.in 6 V.M.VELUMANI.J., trp before the Tribunal.
13. In the result, this Civil Miscellaneous Appeal is partly allowed. No costs.
25.09.2018
trp
Index : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal / Chief Judicial Magistrate, Thirunelveli.
2. The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.
C.M.A.(MD)No.1421 of 2010
25.09.2018 http://www.judis.nic.in