THE HONOURABLE Dr. JUSTICE S.VIMALA C.M.A.No.780 of 2017 and C.M.P.No.4148 of 2017 The Managing Director, Tamilnadu State Transport Corporation (Villupuram Division – III) Ltd., Kancheepuram. ... Appellant / Respondent versus M.Kumarasamy ... Respondent / Petitioner
Prayer : This Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 26.04.2012 passed in M.C.O.P.No.47 of 2005, on the file of the Motor Accidents Claims Tribunal, Sub Court, Madurantakam.
For Appellant : Mr.S.Sairaman JUDGMENT The claimant M.Kumarasamy @ Kumar, aged 46 years, employed as Junior Assistant in the Government Boys Higher Secondary School, Chunambedu, earning a sum of Rs.18,000/- p.m., met with an accident on 29.08.2004 and sustained injuries. Hence, he filed filed a claim petition in M.C.O.P.No.47 of 2005 before the Motor Accidents Claims Tribunal (Sub Court), Madurantakam, claiming a sum of Rs.7,00,000/- as compensation.
1.1. As against the claim made, the Tribunal has awarded a sum of Rs.3,23,818/-, payable with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit.
1.2. Challenging the quantum of compensation, the Transport Corporation has filed this Civil Miscellaneous Appeal.
2. The learned counsel appearing for the appellant would submit that the award passed is unsustainable in the eye of law and the award is disproportionate to the injuries sustained in any event.
3. In order to appreciate the contention raised, it is necessary to look into the nature of the injury, period of treatment and consequences of those injuries upon the earnings of the injured.
3.1. In Ex.P7-Accident Register copy, the injury sustained by the claimant described as grievous injury. There had been a crush injury over the right hand; muscles had been torn out; both the bones were found in a crushing stage; implant has been used during the surgery; plastic surgery has also been performed. The disability has been assessed by the Doctor at 75%. The Tribunal has awarded compensation under the following break-up details.
Medical bills - Rs.1,98,818/-
Total - Rs.3,23,818/-
4. Though the percentage of disability is 75% as assessed by the Doctor for the grievous injuries sustained by the petitioner, the disablement compensation has been awarded only at the rate of Rs. 1000/- per percentage, even though there has been the practice of awarding Rs.2000/- per percentage during relevant point of time. Therefore, the award on account of disability at Rs.75,000/- cannot be said to be excessive.
4.1. Moreover the Tribunal did not consider the loss of income on account of loss of promotional prospects. The saleability of him in the employment has not been considered.
4.2. It is relevant to point out that the income of the petitioner has not been considered by the claim Tribunal. Almost 50% of the award is towards reimbursement of the medical expenses already incurred by the claimant.
4.3. Having regard to the number of surgeries, the Tribunal should have awarded more amount. In such circumstances, this appeal has no merits.
5. Hence, the Civil Miscellaneous Appeal is dismissed, confirming the award dated 26.04.2012 passed in M.C.O.P.No.47 of 2005, by the Motor Accidents Claims Tribunal, Sub Court, Madurantakam.
6. The Transport Corporation is directed to deposit the entire amount of compensation along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit, within a period of six weeks from the date of receipt of a copy of this Judgment. On such deposit, the claimant is permitted to withdraw the same. No costs. Consequently, connected miscellaneous petition is closed.
22.02.2017
ogy To 1. The Motor Accidents Claims Tribunal (Sub Court), Madurantakam.
Dr.S.VIMALA, J.
ogy C.M.A.No.780 of 2017
22.02.2017
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