Appellant sought enhancement of compensation for 10% disability due to negligent driving by a transport bus. The Court enhanced compensation from Rs. 1,45,000 to Rs. 2,05,000 by increasing awards for loss of earnings, extra nourishment, transport, and attender charges.
Compensation enhanced from Rs. 1,45,000/- to Rs. 2,05,000/-.
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Civil Miscellaneous Appeal No.1747 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Civil Miscellaneous Appeal No.1747 of 2023
Esakkimuthu S/o.Mariappan ... Appellant
Vs.
The Managing Director, M/s.Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-pass road, Madurai - 625 010. ... Respondent
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 04.07.2022 made in M.C.O.P.No.574 of 2018 on the file of Motor Accident Claims Tribunal, Special Subordinate Judge, Erode.
For Appellant : Mr.T.S.Arthanareeswaran For Respondent : Mr.C.Gowtham Raj ***** JUDGMENT
The appellant/claimant, not being satisfied with the quantum of compensation awarded by the Motor Accident Claims Tribunal, Special Subordinate Judge, Erode, in M.C.O.P.No.574 of 2018, dated 04.07.2022,
has filed the present appeal seeking for enhancement of compensation.
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29.05.2016 at Tenkasi to Rajapalayam NH 208 and at about 11.45 a.m., when the vehicle was nearing Thalavaipuram Pirivu Road, the offending vehicle belonging to the respondent transport corporation which was driven in a rash and negligent manner, hit the two-wheeler of the claimant and as a result of which the claimant fell down and sustained multiple injuries. The claimant sustained 'Pan Facial # (L) ZMC # with ARCH Orif (L) Angle of Mouth # Symphysis #'. The Medical Board, on assessment of disability, found that the claimant suffers from 10% disability. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for compensation.
case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place due to the rash and negligent driving of the bus belonging to the respondent transport corporation. Having rendered such a finding, the Tribunal proceeded to determine the compensation and awarded total compensation of Rs.1,45,000/- in the
following manner:
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| Sl. No. |
Compensation awarded under the head |
Amount (in Rs.) |
|---|---|---|
| 1. | Permanent disability & loss of earning power |
50,000/- |
| 2. | Pain and sufferings | 50,000/- |
| 3. | Loss of earnings | 21,000/- |
| 4. | Extra nourishment | 7,000/- |
| 5. | Transport to Hospital | 7,000/- |
| 6. | Attender charges | 5,000/- |
| 7. | Damages for clothes and articles | 5,000/- |
| 8. | Future Medical Expenses | Nil |
| 9. | Medical Expenses | Nil |
| Total | 1,45,000/- |
The above compensation was directed to be paid with interest at 7.5%
p.a.
side and the materials available on record.
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Tribunal.
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and does not require the interference of this Court.
compensation in the following manner:
| Sl. No. |
Compensation awarded under the head |
Amount awarded by the Tribunal (in Rs.) |
Amount awarded by this Court (in Rs.) |
|---|---|---|---|
| 1. | Permanent disability & loss of earning power |
50,000/- | 50,000/- |
| 2. | Pain and sufferings | 50,000/- | 50,000/- |
| 3. | Loss of earnings | 21,000/- | 60,000/- |
| 4. | Extra nourishment | 7,000/- | 20,000/- |
| 5. | Transport to Hospital | 7,000/- | 10,000/- |
| 6. | Attender charges | 5,000/- | 10,000/- |
| 7. | Damages for clothes and articles |
5,000/- | 5,000/- |
| 8. | Future Medical Expenses | Nil | Nil |
| 9. | Medical Expenses | Nil | Nil |
| Total | 1,45,000/- | 2,05,000/- |
12. The compensation awarded by the Tribunal at Rs.1,45,000/- is
enhanced to Rs.2,05,000/-. The respondent transport corporation is
directed to deposit the enhanced compensation, less the amount already
deposited, together with interest at 7.5% p.a. from the date of claim
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petition till the date of deposit within a period of four weeks from the date of receipt of this judgment. Insofar as the enhanced compensation of Rs.60,000/- is concerned, the appellant/claimant will not be entitled for interest for the period of delay of 171 days as was ordered by this Court in C.M.P.No.11591 of 2023, dated 24.07.2023. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellant. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered.
In the result, the Civil Miscellaneous Appeal is allowed in the above terms. No costs.
18.04.2024
Speaking Judgment/Non-speaking Judgment Index :Yes/No Neutral citation: Yes/No gm
To
The Motor Accident Claims Tribunal, Special Subordinate Judge, Erode.
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N.ANAND VENKATESH, J.
gm
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Civil Miscellaneous Appeal No.1747 of 2023
18.04.2024
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1 issue framed by the court
Whether the compensation awarded by the Tribunal was inadequate and required enhancement?
1 provisions across 1 enactments
Esakkimuthu S/o.Mariappan
The Managing Director, M/s.Tamil Nadu State Transport Corporation (Madurai) Ltd.
N.ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
