Allowed

C.Locus v. Tamilnadu State Transport

Madras HC20 Dec 2022CMA/2749/2013

Case brief

AI extract

What is this about?

In Motor Accidents Claims Appeal No. 3690 of 2019, the High Court allowed the appellant claimant's appeal against a compensation award of Rs.6,59,000. The Court enhanced the disability compensation component from 30% to 40% and increased the disability head from Rs.3,24,000 to Rs.4,32,000, raising the total to Rs.7,67,000.

What did the court decide?

Compensation enhanced from Rs.6,59,000 to Rs.7,67,000. Interest rate confirmed at 7.5%. Respondent directed to deposit enhanced amount.

C.Locus Vs Tamilnadu State Transport — Motor Accident Claims | Madras HC (2022)

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CMA.No3690 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.12.2022

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CORAM

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THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

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C.M.A.No.2749 of 2013

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C.Locus ... Appellant

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Vs.

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Tamil Nadu State Transport Corpn. Ltd., Rep. by its Managing Director, Villupuram Division III, Kanchipuram.

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... Respondent

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PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 28.07.2011 made in MACT.O.P.No.5473 of 2005 on the file of the IV Judge, Motor Accidents Claims Tribunal, (Court of Small Causes), Chennai.

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For Appellant : Mrs.M.Malar For Respondent : Mr.S.S.Santhosakumar

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JUDGMENT

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This appeal has been filed by the claimant seeking enhancement of compensation under the impugned award dated

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https://www.mhc.tn.gov.in/judis

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28.07.2011 passed by the Motor Accident Claims Tribunal/ IV Judge,

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CMA.No3690 of 2019

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28.07.2011 passed by the Motor Accident Claims Tribunal/ IV Judge,

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(Court of Small Causes), Chennai in MACTOP. No.5473 of 2005.

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The Appellant/claimant unsatisfied with the quantum of

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compensation awarded by the Tribunal under the impugned award,

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has preferred this appeal seeking for enhancement.

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The Motor Accidents Claim Tribunal, under the impugned award, has awarded a compensation of Rs.6,59,000/- together with interest and costs to the Appellant/claimant which is detailed

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hereunder:

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*Heads*	*Award Amount* *(Rs.)*
Loss of Income	1,20,000/-
Transport to Hospital	20,000/-
Extra Nourishment	20,000/-
Medical Expenses	1,00,000/-
Attender Charges	25,000/-
Pain and Sufferings	50,000/-
Permanent Disability	3,24,000/-
Total	Rs.6,59,000/-

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https://www.mhc.tn.gov.in/judis

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CMA.No3690 of 2019

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As a result of an accident occurred on 29.05.2005 which has

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been caused by the vehicle driven by the driver of the respondent/TNSTC bus, the Appellant/claimant has sustained segmental fracture of both bones at right leg, External fixator readjustment, skin grafting and wound debridement were done, 6 schnz screws well placed, fragments well secured by AO rods and wiring done to the claimant. It is submitted that he was infected nonunion of right tibia, sequestrectomy and illizarao fixation was done. He preferred a claim before the Motor Accidents Claims Tribunal seeking compensation for the injuries sustained by him. The Motor Accident Claims Tribunal had directed the respondent to pay the Appellant/claimant, the aforesaid compensation.

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Before the Tribunal, the Appellant/claimant has filed fourteen documents which were marked as Ex.P1 to Ex.P14 and examined two witnesses as PW1 and PW2. On the side of the respondent/Transport Corporation, one witness viz., Mr.Kuppusamy was examined before the Tribunal as RW1. However, no document was filed.

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https://www.mhc.tn.gov.in/judis

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CMA.No3690 of 2019

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The 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. The Appellant/claimant was hospitalized from 13.12.2005 to 19.12.2005 and also from 13.06.2006 to 21.06.2006

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as in-patient at Sri Ramachandra Hospital as seen from the Ex.P2 to Ex.P7 / discharge summaries. The Appellant/claimant were doing provision and real estate business, aged 29 years at the time of the accident. The PW2/Doctor who assessed the injuries of Appellant/claimant has fixed his disability at 60%. However, the Tribunal has reduced the same and has assessed the disability at 30%. The disability compensation awarded by the Tribunal as seen from the impugned award is Rs.3,24,000/- calculated at Rs.5000/per month adopting the multiplier of '18'. Hence, he prays for enhancement of Award amount.

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Insofar as the assessment of disability by the Tribunal is

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concerned, the Tribunal has reduced the disability with a reasoning

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https://www.mhc.tn.gov.in/judis

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CMA.No3690 of 2019

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that the injuries caused to the claimant in his right leg cannot be assumed that it would be the whole body disability, however he cannot carry with the same efficiency as before the accident. However, considering the nature of the injuries sustained by the Appellant/claimant, this Court is inclined to fix the disability of the Appellant/claimant at 40%.

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Insofar as the assessment of disability compensation at Rs.5000/- per month is concerned, the same is a correct assessment since the year of the accident is 2005. However, in view of the modification of the disability from 30% to 40% by this Court, the disability compensation is enhanced to Rs.4,32,000/- by this Court instead of Rs.3,24,000/- assessed by the Tribunal.

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Insofar as the other heads of the compensation are concerned, the assessment of the compensation under the said heads by the Tribunal is a just compensation and it does not call for any interference by this Court.

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https://www.mhc.tn.gov.in/judis

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CMA.No3690 of 2019

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For the foregoing reasons, the compensation awarded by

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the Tribunal under the impugned award is enhanced from

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Rs.6,59,000/- to Rs.7,67,000/- in the following manner:

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*Heads*	*Amount* *awarded by* *the Tribunal*	*Award Amount* *(Rs.)*
Loss of Income	1,20,000/-	1,20,000/-
Transport to Hospital	20,000/-	20,000/-
Extra Nourishment	20,000/-	20,000/-
Medical Expenses	1,00,000/-	1,00,000/-
Attender Charges	25,000/-	25,000/-
Pain and Sufferings	50,000/-	50,000/-
Permanent Disability	3,24,000/- (30%)	4,32,000/- (40%)
Total	6,59,000/-	7,67,000/

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Conclusion:

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In the result, this appeal is allowed. However, the rate of interest fixed by the Tribunal at the rate of 7.5% is confirmed. The Respondent/Transport Corporation is directed to deposit the modified amount i.e, Rs.7,67,000 /- along with interest and costs, after deducting the amount already deposited, if any, to the credit of MACTOP.No.5473 of 2005 within a period of four weeks from the date of receipt of a copy

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CMA.No3690 of 2019

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of this Judgment. On such deposit being made, the Tribunal is directed to transfer the award amount along with accrued interest as per the order of this Court to the Appellant/claimant through RTGS within a period of two weeks thereafter. No costs.

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20.12.2022

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Index : Yes/No Internet : Yes/No gv

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https://www.mhc.tn.gov.in/judis

CMA.No3690 of 2019

A.A.NAKKIRAN, J.

The Motor Accidents Claims Tribunal IV Judge, (Court of Small Causes), Chennai.

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C.M.A.No.2749 of 2013

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The Section Officer, V.R.Section, High Court, Madras

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20.12.2022

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https://www.mhc.tn.gov.in/judis

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C.Locus v. Tamilnadu State Transport

Case brief

What is this about?

What did the court decide?

C.Locus v. Tamilnadu State Transport

Case brief

What is this about?

What did the court decide?

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