Partly allowed

V.Subburaj v. the Managing Director

Madras HC20 Aug 2020CMA/1679/2016

Case brief

AI extract

What is this about?

In an appeal against a Motor Accidents Tribunal award for a motorcycle accident, the High Court held the disability assessment correct but enhanced the compensation rate to Rs.2,000 per percentage and granted additional sum for pain and suffering, ordering the total enhancement to Rs.58,000 with interest.

What did the court decide?

Enhanced compensation awarded totaling Rs.58,000 with interest; directed to deposit amount within 12 weeks.

V.Subburaj Vs the Managing Director — Motor Accident Claims | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.08.2020

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CORAM

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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C.M.A.No.1679 of 2016

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V.Subburaj, S/o.Veerasamy, Appachiappan Thottam, Sukkampalayam Post, Palladam Taluk, Coimbatore District. ...Appellant/Claimant Vs The Managing Director, Tamil Nadu State Transport Corporation, Bye Pass Road, Madurai. ...Respondent/Respondent

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Prayer:- This Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 13.04.2016 made in M.C.O.P.No.621 of 2008 on the file of the Motor Accidents claimsTribunal and I Additional District Court, Tirupur.

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For Appellant :Mr.M.Mohideen Pitchai For Respondent :Mr.D.Venkatachalam JUDGMENT (Heard through video conferencing)

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This civil miscellaneous appeal has been filed against the decree and judgment dated 13.04.2016 passed in M.C.O.P.No.621 of 2008, on the file of the Motor Accidents Tribunal and I Additional District Court, Tirupur.

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In the motor accident, which occurred on 27.05.2008, the claimant was seriously injured. While he driving his motorcycle by adopting the traffic rules, the driver of the Transport corporation bus came rash and negligently from the opposite direction hit against the claimant. The claimant had suffered injury and was admitted in the Hospital. Sugery was conducted on the same day and he was discharged on 03.06.2008.

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

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The discharge summary indicates that he sustained abrasion injury in right foot, limitation of movement of his right ankle and swelling in the right foot was noticed. The X- ray report reveals that the claimant has degloves wound on the foot. For the said injuries, the Doctor has certified that the accident victim sufferred 27% partial permanent disability. The Tribunal has evaluated the said certificate and assessed partial permanent disability at 17% and awarded a sum of Rs.500/- per percentage and for other non-conventional heads such as pain and suffereing, medical expenses, attendance charges, transportation and nutrition, the Tribunal awarded a sum of Rs.23,000/- and in total compensation of Rs.31,500/- was awarded with interest at the rate of 7.5%.

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4.The learned counsel appearing for the appellant would submit that the fixation of disability as well as the compensation for the disability is very low and for the pain and suffereing, the Tribunal has awarded only a sum of Rs.5,000/whereas, the injured was treated as in-patient for 7 days from 27.05.2008 to 03.06.2008 and thereafter he has been taking treatment for swelling in right foot. The restriction of movement in the right angle was not considered by the Tribunal while fixing the compensation.

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The learned counsel appearing for the Transport Corporation would submit that the injury sustained simple in nature and after treatment, the appellant has been fully recovered and there is no premanent disability to award more compensation.

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Heard the rival submissions and considered the documents relied by the claimants.

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This Court is of the view that the disability as found in the discharge summary and the deposition of PW3/Dr. Senthilkumar in respect of movement in right angle, deglove wound on the foot, the Tribunal has rightly fixed 17%. However the compensation for the said disability is very low and it should have been fixed as Rs.2,000/- per percentage. Likewise for pain and suffering, this Court is of the opinion that the injured is entitled for additional compensation of Rs.1000/-. Accordingly, the award of the Tribunal is modified as follows:

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Heads	Amount
Disability (2000 x 17)	Rs.34,000/-
Pain and Suffering	Rs.6,000/-
Medical Expenses	Rs.15,000/-
Attendant Charges	Rs.1,000/-

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

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Heads	Amount
Transport Expenses	Rs.1,000/-
Nutrition	Rs.1,000/-
Total	Rs.58,000/-

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8.The respondent / Transport Corporation is directed to deposit the above enhanced award amount with interest at the rate of 7.5% to the M.C.O.P., account within a period of twelve weeks from the date of receipt of a copy of this Judgment and on such deposit being made, the claimant/appellant is permitted to withdraw the same by filing appropriate petition before the Tribunal. Accordingly, the Civil Miscellaneous Appeal is partly allowed. No costs.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
rst/rpl
To
1.The I Additional District Court
(Motor Accidents claims Tribunal),
Tirupur.
Copy To
The Section Officer,
V.R Section,
High Court,
Madras.
C.M.A.No.1679 of 2016
SSI(CO)
GN(08/02/2021)

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

V.Subburaj v. the Managing Director

Case brief

What is this about?

What did the court decide?

V.Subburaj v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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