THE HONOURABLE DR.JUSTICE S.VIMALA C.M.A. No.1747 of 2017 (C.M.A. No.SR 23447 of 2017) and C.M.P. No.9459 of 2017 The Managing Director, Tamil Nadu State Transport Corporation, (CBE Division – II) Ltd., Chennimalai Road, Erode. … Appellant Versus
1. M.Sarasu
2. P.Kathirvel … Respondents PRAYER : Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 23.02.2016 made in M.C.O.P. No.311 of 2015 on the file of the Motor Accident Claims Tribunal, The Special Subordinate Judge Erode.
For Appellant : Mr.K.J.Sivakumar
JUDGMENT
Application to condone the delay was heard along with the main appeal filed by the Transport Corporation challenging the quantum of compensation.
2. Having regard to the reasons stated in the affidavit, the delay is condoned, but there seems to be no scope for allowing the appeal. Hence, no notice is ordered, even though appeal is filed for delay.
3. As against the claim made for a sum of Rs.3,20,000/-, award has been passed only for a sum of Rs.2,05,300/-. Challenging the quantum of compensation as excessive, the Transport Corporation has filed the appeal.
4. The main contention of the appellant / transport corporation is that the award with reference to permanent disability and pain and sufferings are on the higher side. To appreciate this contention, it is necessary to consider the factual details.
5. The claimant M.Sarasu, aged 50 years, earning a sum of Rs.4,000/-p.m., as a power-loom worker, suffered permanent disability in an accident that took place on 08.04.2008, while travelling in the bus belonging to the appellant transport corporation.
6. According to her, on account of the injuries, she suffered shortening of leg and the restriction of ankle movements and thus suffered the loss of earning capacity. The Tribunal has considered the claim and the break up details of the award are as under :
7. The Doctor has assessed the percentage of disability as 28%. This extent of permanent disablement has caused functional disablement as implant (steel plate) had been used during surgery. The broken bones did not unite properly and thus there was difficulty in standing, walking for a long time, climbing stairs, sitting with folded legs etc.
8. The Tribunal did not adopt multiplier method of quantification to assess the loss of earning capacity, but instead, has awarded disablement compensation at the rate of Rs.2,000/- per percentage, totaling to a sum of Rs.56,000/-. Loss of enjoyment of amenities has not at all been awarded.
9. Compensation on account of pain and sufferings, though appears to be excessive, part of the compensation can be diverted to the head of the loss of enjoyment of amenities. Thus, the amount of compensation awarded did not require any interference.
Dr.S.VIMALA, J.
vsi2
10. In view of the above, the appeal is dismissed. Consequently, connected Miscellaneous Petition is also closed. No costs.
13.06.2017 Index : Yes / No Internet : Yes / No Speaking / Non speaking vsi2 To
1. The Special Subordinate Judge, Motor Accident Claims Tribunal, Erode.
2. The Section Officer, VR Section, High Court, Madras.
C.M.A.No.1747 of 2017
13.06.2017