IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 28.02.2017 C O R A M The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj Civil Miscellaneous Appeal No.917 of 2017 and C.M.P.No.4557 of 2017 The Managing Director State Express Transport Corporation Ltd., Chennai ... Appellant Vs
1. Madhavan
2. Prakash Babu
3. The Branch Manager Oriental Insurance Company No.3607/21, 2nd Floor, Pudukottai Pudukottai District ... Respondents *** Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 28.06.2012, passed in M.C.O.P.No.41 of 2010, by the Motor Accident Claims Tribunal (Additional Sub Court), Mayiladuthurai *** For Appellant : Mr.P.Paramasivadoss J U D G M E N T (Made by S.Manikumar,J) In the accident, which occurred on 01.07.2009, first respondent, a doctor, claimed that he sustained serious injuries, resulting in total loss of vision in one eye and impairment in the other eye, assessed by PW3-doctor, as 80%. Claim made in the year 2010, has culminated into an award on 28.06.2012 in MCOP No.41 of 2010 on the file of Motor Accident Claims Tribunal (Additional Subordinate Judge), Mayiladuthurai, directing payment of compensation of Rs.18,59,800/-, with interest @ 7.5% per annum till realisation. Managing Director, State Express Transport Corporation, is on appeal against the quantum of compensation. Tribunal has quantified the said sum, as hereunder:
For Permanent disability : Rs. 15,84,000/-
: Rs.18,59,836/-
Rounded off to Rs.18,59,800/-
2. Mr.P.Paramasivadoss, learned counsel for the appellant, submitted that the challenge in this appeal is only on the quantum. Though first respondent is a doctor and aged about 55 years at the time of accident, the Tribunal has determined his monthly income only as Rs.15,000/-. Accepting the contention of PW3 - doctor that the loss of vision, has impaired the earning capacity of the injured to the extent of 80%, the Tribunal has computed compensation.
3. Going through the award discloses that compensation awarded under other heads, namely, pain and suffering and nutrition, is less. Quantum of compensation, cannot be, at any stretch of imagination, be said to be excessive for a man, who has lost his vision and to linger, for the rest of the life time.
4. Having regard to the judgement of the Hon'ble Apex Court that the victim should be compensated without any inordinate delay and finding that there is no merit in the appeal, we are not inclined to order further notice to the respondent, as no adverse order is passed in the appeal.
5. In the light of the above, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. The Managing Director, State Transport Express Corporation Ltd, Chennai, is directed to deposit the entire award amount with proportionate accrued interest and costs, less the statutory deposit to the credit of M.C.O.P.No.41 of 2014, on the file of Motor Accident Claims Tribunal (Additional Sub Court), Mayiladuthurai, within a period of four weeks from the date of receipt of a copy of this judgment. Tribunal is directed to disburse the amount to the first respondent, as expeditiously as possible, after ascertaining identity and proof.
Index : yes/No website : Yes/No. ASR
Note:
(S.M.K.,J) (M.G.R.,J) 28.02.2017 Registry is directed to send a copy of this judgment to the Motor Accident Claims Tribunal (Additional Sub Court), Mayiladuthurai, which shall affix the same in the Notice Board of the Tribunal. Registry is directed to send a copy of this judgment to the first respondent.
To
1. The Motor Accident Claims Tribunal, (Additional Sub Judge), Mayiladuthurai
2. Mr.Madhavan (claimant/injured victim) S.MANIKUMAR,J a n d M.GOVINDARAJ,J asr.
C.M.A.No.917 of 2017 28/2/2017 http://www.judis.nic.in