Dismissed

The Managing Director v. Palanisamy

Madras HC7 Mar 2016CMA/1348/2011

Case brief

AI extract

What is this about?

In this motor accident compensation appeal, the High Court rejected the Transport Corporation's challenge to the Tribunal's award. The Court Upheld the compensation quantum of Rs.2,21,840 and the disability percentage, finding the Tribunal's assessment regarding earning capacity reasonable given the injury nature.

What did the court decide?

The Civil Miscellaneous Appeal was dismissed. The appellant was directed to deposit the entire award amount with accrued interest to the credit of the Tribunal.

The Managing Director Vs Palanisamy — Motor Accident Claims | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 07.03.2016

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CORAM: THE HON'BLE MR.JUSTICE S.VAIDYANATHAN

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C.M.A.No.1348 of 2011

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The Managing Director, Tamil Nadu State Transport Corporation Ltd., Division II, Chennimalai Road, Erode. ... Appellant/Respondent Vs. Palanisamy .. Respondent/Petitioner Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 30.09.2010 made in M.C.O.P. No.1037 of 1996 on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Fast Track Court No.V, Coimbatore at Tiruppur.

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For Appellant : Mr.S.V.Vasantha Kumar For Respondent : Mr.Ma.Pa.Thangavel J U D G M E N T

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The Transport Corporation has come up with this appeal mainly challenging the quantum of compensation awarded by the Tribunal. 2. In an accident which occurred on 03.11.1996, the claimant viz. Palanisamy, was thrown away from his two-wheeler and sustained grievous injuries. He filed a Claim Petition before the Tribunal seeking a sum of Rs.5,00,000/- as compensation for the injuries. After analyzing the available oral and documentary evidence, the Tribunal awarded a sum of Rs.2,21,840/-as compensation. Details of the award are as follows:

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Heads	Amount
Loss of earning capacity	Rs.1,95,840.00
Pain and suffering	Rs. 20,000.00
Transportation and	Rs. 6,000.00
Extra Nourishment
Total	Rs.2,21,840.00

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https://hcservices.ecourts.gov.in/hcservices/

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Learned counsel appearing for the appellant/Transport Corporation contended that the Tribunal erred in awarding an exorbitant sum of Rs.1,95,840/- towards loss of earning capacity.

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Heard the learned counsel on either side and perused the material documents available on record.

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According to the claimant, at the time of accident, he was aged 22 years, working as a Winding Sider and earning a sum of Rs.8,000/- per month. The Tribunal fixing a sum of Rs.3000/- as the monthly income of the claimant and the disability sustained by him at 32% and applying the multiplier of '17', arrived at a sum of Rs.1,95,840/- (Rs.3,000/- x 12 x 32/100 x 17) as compensation towards loss of earning capacity.

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From the records, it is seen that the claimant has sustained fracture in the right hand, grievous injuries in the neck, chest, right eye, right head, knee and other injuries all over the body and P.W.3-Doctor assessed the permanent disability of the claimant at 33.68%. Undoubtedly, the claimant's avocation demands physical fitness to carry on with the same. Hence, considering the nature of injuries, this Court is not inclined to interfere with the percentage of disability fixed by the Tribunal. Also, the monthly income fixed by the Tribunal holds good. Thus, the compensation awarded towards 'loss of earning capacity' is confirmed. Further, this Court finds no error in the compensation awarded under other heads and they are accordingly confirmed.

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In fine, the Civil Miscellaneous Appeal is dismissed, confirming the quantum of compensation and the rate of interest at 7.5% per annum awarded by the Tribunal. It is made clear that if no amount is deposited so far, the appellant/Transport Corporation is directed to deposit the entire award amount together with accrued interest to the credit of M.C.O.P.No.1037 of 1996 on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Fast Track Court No.V, Coimbatore at Tiruppur, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the Tribunal shall pay compensation to the claimant in the form of a crossed Account Payee Cheque, favouring only the claimant and it should not be issued in favour of any other person/Company. No costs. Consequently, connected M.P.No.1 of 2011 is closed.

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Sd/-

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Asst.Registrar (CS IV )

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/true copy/

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Sub Asst. Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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To :

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The Motor Accidents Claims Tribunal, Additional Sessions Judge, Fast Track Court No.V, Coimbatore, Tiruppur.

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+1 cc to Mr.Ma.P.Thangavel,advocate,sr.14589

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+1 cc to Mr.S.V.Vasanthakumar,advocate,sr.14462.

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rsy(co) krd 2/9

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C.M.A.No.1348 of 2011

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https://hcservices.ecourts.gov.in/hcservices/

The Managing Director v. Palanisamy

Case brief

What is this about?

What did the court decide?

The Managing Director v. Palanisamy

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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