The High Court enhanced compensation from Rs.15,09,400 to Rs.23,07,400 in a motor accident claim. The Court recalculated loss of earning power based on statutory formula and added grant for artificial limb.
Compensation enhanced to Rs.23,07,400; State Transport Corporation directed to pay within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 20.11.2018 CORAM
THE HONOURABLE Mr.JUSTICE M.SATHYANARAYANAN and THE HONOURABLE Mr.JUSTICE N.SESHASAYEE
C.M.A.Nos.2480 and 2481 of 2018 and C.M.P.No.18930 of 2018
Prayer : Civil Miscellaneous Appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 13.04.2017 made in M.C.O.P.No.1783 of 2015 on the file of the Motor Accident Claims Tribunal(V Small Causes Court), Chennai.
In CMA.No.2480 of 2018: For Appellant : Mr.K.J.Sivakumar For Respondent : Mr. Richard Suresh Kumar In CMA.No.2481 of 2018: For Appellant : Mr.Richard Suresh Kumar For Respondent : Mr.K.J.Sivakumar
COMMON JUDGMENT
[ Judgment of the Court was delivered by N.SESHASAYEE, J.]
Govindammal, aged 43 years, a tailor by avocation met with an accident on 02.02.2015 at around 8.30 p.m., when a bus bearing Registration No.TN-21-N-1341, belonging to the State Transport Corporation, the appellant (in CMA.No.2480 of 2018) dashed against the motor cycle in which Govindammal was travelling as a pillion rider, due to which, she suffered injuries, chief among them are a crush injury of her right lower limb which required amputation. She had also suffered a fracture of her right hand which was surgically fixed. Initially, she was admitted in the hospital as in-patient from 02.02.2015 to 16.3.2105 and subsequently, on two occasions, i.e., from 18.06.2015 to 06.07.2015 and thereafter, from 05.10.2015 to 27.10.2015, for the injuries suffered. P.W.2, Doctor, who though not had treated the victim of the accident, had evaluated the extent of her disability and reckoned it at 80%. With these facts, the claimant moved the Tribunal seeking compensation against the Transport Corporation, claiming compensation of Rs.25,00,000/-
| Heads of Compensation | Amount (Rs.) |
|---|---|
| Transportation & Nourishing Food |
50,000.00 |
| Attender Charges | 21,500.00 |
| Medical Bills | 1,862.25 |
| Disability | 2,40,000.00 |
| Loss of earning | 96,000.00 |
| Loss of earning power | 3,00,000.00 |
| Damages for pain, suffering & trauma |
4,00,000.00 |
| Loss of amenities, |
4,00,000.00 |
| expectation of life and mental agony |
|
| Total : | 15,09,400.00 |
This, the Tribunal has directed the appellantTransport Corporation to pay with interest at 7.5% p.a. Aggrieved by the award, the Transport Corporation had preferred C.M.A.No.2480 of 2018, however the claimant being dissatisfied with the quantum of award amount, has preferred C.M.A.No.2481 of 2018, seeking enhancement of compensation.
3.The learned counsel for the appellant-Transport Corporation argued that the Tribunal had awarded Rs.4,00,000/- for pain, sufferings and trauma and another Rs.4,00,000/- for mental agony and loss of amenities. This is untenable, as there are no reasons given as to how this amount has been arrived, argued the counsel. He also submitted that these heads of damages are more in the nature of conventional damages and therefore, they have to be justly valued.
Court is Rs.23,07,400/- and the break-up details reads as below :
| Heads of Compensation | Revised award amount (Rs.) |
|---|---|
| Transportation & Nourishing Food |
50,000.00 |
| Attender Charges | 21,500.00 |
| Medical Bills | 1,862.25 |
| Disability | 2,40,000.00 |
| Loss of earning | 96,000.00 |
| Loss of earning power | 13,98,000.00 |
| Damages for pain, suffering | 2,00,000.00 |
| & trauma | |
| Loss of amenities, expectation of life and mental agony |
2,00,000.00 |
| Towards medical support for fixing artificial limb |
1,00,000.00 |
| Total : | 23,07,362.25 (rounded off to : Rs.23,07,400/-) |
Sd/-/Assistant Registrar(CS vi)
//True Copy//
Sub Assistant Registrar
ssn
To:
1.The V Judge Court of Small Causes, Motor Accidents Claims Tribunal Chennai -104. 2.The Section Officer VR Section High Court, Madras. +1cc to Mr.Richard Suresh Kumar , Advocate SR.No. 79242 +1cc to Mr.K.J.Sivakumar, Advocate SR.No. 79090 C.M.A.Nos.2480 and 2481 of 2018 A.SK(09/04/2019)
3 issues framed by the court
Whether the Tribunal erred in the methodology adopted for quantifying loss of earning power.
Whether the compensation for pain, suffering, trauma, and loss of amenities was appropriately assessed.
Whether the compensation awarded to the claimant in the Motor Accident Claims case should be enhanced.
1 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kanchipuram-631 502
Govindammal
Govindammal
The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Kanchipuram-631 502
N.SESHASAYEE
M.SATHYANARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
