Lekha v. The Managing Director

J U D G M E N T Aggrieved over the quantum of compensation arrived at by the Tribunal at Rs.5,34,000/- along with interest at the rate of 7.5% per annum from the date of petition till the date of deposit, the claimant / appellant is before this Court. Since challenge to the appeal is only on quantum, this Court deals only with the quantum arrived at by the tribunal, confirming the negligence aspect.

¶2It is the case of the claimant/appellant that on 23.12.2012 at

04.50 hours, while she was travelling in the car bearing Regn.No.TN-05-B-6941 driven by her and stopped at G.S.T.Salai, Near Santhi Petrol Bunk Signal, in Pazhavanthangal, Chennai, the driver of the respondent bus, rode the bus bearing Regn.No.TN-32-N-2847 in a rash and negligent manner and dashed against the car which is waiting for signal, thereby the claimant has sustained grievous injuries. Claiming that the respondent is liable to pay compensation, claim petition came to be filed claiming a sum of Rs.20,00,000/- as compensation. It is the further case of the claimant that she was doing school nurse and earning 6500/- Dirahms per month.

¶3The age, avocation and monthly income given by the appellant/claimant were disputed by the respondent in total and contended that the said bus was operated in Town Bus route as route No.3/A from Vellore to Senganatham and from Vellore to Virinjupuram within the Vellore District Jurisdiction but not from Kalllakurichi to Chennai as mentioned in the FIR. He further submitted that the driver of the bus is not liable to pay any compensation. Hence, he prays to dismiss the appeal.

¶4The Tribunal, based on the oral and documentary evidences, has awarded a sum of Rs.5,34,000/-as total compensation payable by the respondent to the claimant under the following heads: Heads Award Amount (Rs.) Disability 1,50,000/-Pain and Suffering 50,000/-Extra Nourishment 10,000/-Transport to Hospital 10,000/-Damages to clothes 1,000/-Attender Charges 2,400/-Medical Expenses 2,31,088/-Future Medical Expenses 50,000/-Loss of Income 19,500 Loss of Amenities 10,000/-Total Rs.5,33,988/-Rounded off to Rs.5,34,000/-

¶5Heard both sides.

¶6The learned counsel for the Appellant submitted that the nature of the injuries sustained by the Appellant/claimant has not been disputed by the respondent as seen from the evidence available on record. He further submitted that the appellant has sustained fractures in right zygoma and maxilla, femoral head, right acetabulum and nasal bone. The Tribunal has erred in taking the disability at 50%, by taking Rs.3000/- for 1% disability and a sum of Rs.1,50,000/- has been awarded towards 'disability'. The appellant/claimant, aged 38 years at the time of accident and she was a School Nurse in Abudhabi, U.A.E earning a sum of Rs.6,500/- Dirahms per month. The Doctor who assessed the disability of the Appellant has fixed his disability at 70%. However, the Tribunal has reduced the same and has assessed the disability at 50%. The disability compensation awarded by the Tribunal as seen from the impugned award is Rs.1,50,000/- calculated at Rs.3000/- per percentage of disability. The amount awarded under the head of 'Extra Nourishment' is Rs.10,000/- which is also meagre. Due to the grievous injuries, suffered by the appellant, she is in need of more extra nourishment. He further submitted that the appellant was admitted in Parvathy Hospital for 12 days and she had taken assistance of attender for which the Tribunal had awarded Rs.2400/- and the same is too low. Further, it is disputed that the claimant had taken treatment for quite some time and during that time, the claimant had incurred attendant and medical expenses. But the Tribunal has not awarded adequate sum towards attender charges. The amount awarded under the head of 'loss of income' is granted only for three months and the amount awarded under the head 'loss of amenities' also appears to be meagre. He further submitted that ample evidence and documents were produced before the Tribunal to prove the age, avocation and income details of the claimant / appellant and hence the award of the Tribunal needs significant enhancement.

¶7Per Contra, the learned counsel for the respondent / Transport Corporation submitted that the Tribunal has taken into consideration each and every aspect and has awarded a sum of Rs.5,34,000/- as total compensation, which is nothing but 'just'; the Tribunal has observed the version made in the cross examination of P.W.5 and P.W.6 who are Doctors wherein he categorically stated that they have not filed any worksheet and guide lines and in the absence of the same, the Tribunal cannot take the disability percentages as fixed by PW5 and PW6. The disability assessed by the Doctors not assessed to the whole body and hence the amount awarded under the head 'disability' and other heads are supported by reasons of the Tribunal. In fine, he submitted that the well reasoned award of the Tribunal does not require any interference by this Court.

¶8However, considering the nature of the injuries sustained by the Appellant/claimant, this Court is inclined to fix the disability of the Appellant/claimant at 70%. Insofar as the assessment of disability compensation at Rs.3000/- per percentage is concerned, the same is a correct assessment since the year of the accident is 2012. However, in view of the modification of the disability from 50% to 70% by this Court, the disability compensation is enhanced to Rs.2,10,000/- by this Court instead of Rs.1,50,000/- assessed by the Tribunal. Similarly, the amounts awarded under the heads of 'Extra Nourishment', 'Attender charges', 'Loss of income' and 'loss of amenities' are also enhanced to Rs.20,000/-, Rs.5000/-, Rs.40,000/-(5 months x Rs.8000/-) and Rs.25,000/- respectively.

¶9A perusal of the judgment of the Tribunal would go to show that it has taken into consideration the documents, viz, Ex.P.6/Discharge summary; Ex.P7/Medical bills; Ex.P8/Prescription; Ex.P16/X-ray; Ex.P17/Disability certificate issued by PW5, Ex.P20/Disability certificate issued by PW6; and has awarded Rs.50,000/- towards Pain and suffering; Rs.10,000/- towards Transport; Rs.1000/- towards damages to clothes; Rs.2,31,088/- towards medical expenses and Rs.50000/- towards Future medical expenses, which in the opinion of this Court, are based on evidence on record and hence the said sums awarded under these heads are confirmed as such. Thus, the break-up details of the modified compensation are as follows: Heads Amount (Rs.) Disability (70x3000) 2,10,000 Pain and suffering 50,000 Extra Nourishment 20,000 Transport 10,000

Damage to clothes 1,000 Attender Charges 5,000 Medical Expenses 2,31,088 Future Medical Expenses 50,000 Loss of Income 40,000 Loss of Amenities of life 25,000 .................................. Total Rs.6,42,088/- ..................................

¶10In the result, the Civil Miscellaneous Appeal filed by the claimant / appellant is allowed by enhancing the total compensation from Rs.5,34,000/- to Rs.6,42,088/-, which is payable with interest at the rate of 7.5% per annum from the date of petition till the date of deposit.

¶11The respondent shall deposit the enhanced compensation amount, as awarded by this Court, less the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the Tribunal is directed to transfer the said sum to the Savings Bank Account of the appellant / claimant, through RTGS, within one week thereafter. No costs.

09.01.2023 Index : yes/No gv

A.A.NAKKIRAN., J. gv To

¶1The IV Judge, Motor Accident Claims Tribunal, (Court of Small Causes), Chennai.

¶2The Section Officer, V.R.Section, Madras High Court, Chennai-104.

09.01.2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2023 CORAM: THE HON'BLE Mr.JUSTICE A.A.NAKKIRAN CMA. No.1132 of 2018 Lekha ... Appellant ..vs.. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram ) Ltd. No.3/137, Salamedu, Vazhuthareddy Post, Villupuram – 605 401. ... Respondent Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 06.10.2017 made in MCOP.No.1017 of 2013 on the file of IV Judge, Motor Accident Claims Tribunal, (Court of Small Causes), Chennai. For Appellant : Mr. K.Varadha Kamaraj For Respondent : Mr.K.J.Sivakumar