The Court enhanced the motor accident compensation award. It confirmed the disability component but increased awards for pain and suffering, transportation, and loss of earnings, raising the total from Rs. 1,78,750 to Rs. 2,09,750.
Compensation enhanced from Rs. 1,78,750/- to Rs. 2,09,750/- with interest at 7.5% per annum.
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.
C.M.A. No. 2588 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE K. RAJASEKAR
C.M.A. No. 2588 of 2021
Arun Pandian ... Appellant / Petitioner
Vs.
The Managing Director, Karnataka Sate Transport Corporation, Ramnagar Division, Archakanahalli, Ramnagar. ... Respondent / Respondent
Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Award and Decree dated 27.04.2019 passed in M.C.O.P. No.6607 of 2015 on the file of the Special Sub Judge No.I, Motor Accident Claims Tribunal, Small Causes Court, Chennai.
For Appellant : Mr. R.J.Radhika For Respondent : Mr.T.Thiyagarajan
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the claimant
seeking enhancement of compensation awarded in M.C.O.P. No.6607 of 2015, dated 27.04.2019 on the file of the Motor Accident Claims Tribunal,
1/9
C.M.A. No. 2588 of 2021
Special Sub Judge No.1, Small Causes Court, Chennai.
2/9
C.M.A. No. 2588 of 2021
Rs.20,00,000/-.
and disputed the negligent act alleged against the driver of the bus. They have also disputed the income, age and disability sutained by the claimant and also the compensation claimed under various heads is on the higher side. Hence, prays to dismiss the claim petition.
C.M.A. No. 2588 of 2021
compensation awarded by the Tribunal under the head disability, without treating the disability as functional disability, which is not proper and being the cleaner, who suffered fracture on the left femur has impacted with the claimant's could not continue his earlier avocation, which resulted in loss of earning capacity. She has also submitted that the compensation awarded under other heads are also on the lower side and prays to modify the same.
perused the records.
4/9
C.M.A. No. 2588 of 2021
avocation. He has not even come forward to examine the driver of the goods
vehicle with whom he travelled. The claimant has sustained fracture on the left femur and it is subsequently healed and the Kilpauk Medical College Hospital, Chennai, assessed the disability sustained by the claimant as 25%. There is no evidence to show that due to this injury the claimant has lost his capacity to continue his earlier avocation i.e., cleaner. The Tribunal after considering the above fact has held that the claimant has sustained permanent disability which is not a functional disability and this Court finds there is no infirmity in the said finding and accordingly the compensation awarded by the Tribunal under the head disability is proper and the same is hereby confirmed.
5/9
C.M.A. No. 2588 of 2021
loss of income during treatment period of four months by fixing notional income of the injured as Rs.8,000/- per month and this Court is of the view that the same is on the lower side and the same is modified to Rs.12,000/per month and accordingly, under the head loss of earnings is modified to Rs.48,000/- [4x12000]. As far as the compensation awarded by the Tribunal under other heads are concerned, the same are reasonable and the same are hereby confirmed.
heads are hereby modified as follows:
| S. No |
Description | Amount awarded by Tribunal (Rs) |
Amount awarded by this Court (Rs) |
Award confirmed or enhanced or reduced |
|---|---|---|---|---|
| 1. | Disability | Rs.75,000/- | Rs.75,000/- | Confirmed |
| 2. | Pain and sufferings | Rs.20,000/- | Rs.30,000/- | Enhanced |
| 3. | Transportation | Rs.5,000/- | Rs.10,000/- | Enhanced |
| 4. | Extra Nourishment | Rs.15,000/- | Rs.15,000/- | Confirmed |
| 5 | Attender Charges | Rs.11,750/- | Rs.11,750/- | Confirmed |
| 6 | Loss Earnings | Rs.32,000/- | Rs.48,000/- | Enhanced |
| 7 | Loss of Future Prospects | Rs.20,000/- | Rs.20,000/- | Confirmed |
| Total Compensation | **Rs.1,78,750/- ** | Rs.2,09,750/- | Enhanced by Rs.31,000/- |
C.M.A. No. 2588 of 2021
and the compensation awarded by the Tribunal at Rs.1,78,750/- is hereby enhanced to Rs.2,09,750/- [Rupees Two Lakhs Nine Thousand Seven Hundred and Fifty only] together with interest at the rate of 7.5% per annum from the date of filing of Claim Petition till the date of deposit, excluding the default period, if any. The respondent – Transport corporation is directed to deposit the amount awarded by this Court along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this Judgment to the credit of M.C.O.P.No.6607 of 2015 on the file of the Motor Accidents Claims Tribunal, Special Sub Judge No.1, Small Causes Court, Chennai. On such deposit, the appellant/claimant is permitted to withdraw the award amount now determined by this Court along with interest and costs, less the amount if any, already withdrawn. The Tribunal shall disburse the amount now awarded by this Court by directly giving credit to the Savings Bank Account of the appellant/claimant. Since this Court has enhanced the compensation, the appellant/claimant is directed to pay the necessary Court fee, if any, on the enhanced compensation. There shall be no order as to
C.M.A. No. 2588 of 2021
costs in the present appeal.
02.01.2024
ssi Index:Yes/No Speaking Order:Yes/No Neutral Citation Case: Yes/No
K. RAJASEKAR, J.
ssi
To:
C.M.A. No. 2588 of 2021
C.M.A. No. 2588 of 2021
02.01.2024
2 issues framed by the court
Whether the Tribunal erred in not treating the disability as functional disability impacting earning capacity.
Whether the compensation awarded under heads of pain and suffering, transportation, and loss of earnings was inadequate.
1 provisions across 1 enactments
Arun Pandian
The Managing Director, Karnataka State Transport Corporation
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
