BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14/11/2007 CORAM: THE HONOURABLE MR.JUSTICE G.RAJASURIA C.M.A.No.671 of 2004 and C.M.P.No.3442 of 2004 and M.P.(MD)No.1 of 2007 Tamilnadu State Transport Corporation (Madurai Division-II) Ltd., Tirunelveli rep. by its Managing Director (formerly Kattabomman Transport Corporation (Madurai (Division-II)Ltd., Tirunelveli. ... Appellant Vs 1.L.P.Murugan 2.Sankarasubbu ... Respondents (R2 given up) Prayer Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgement and Decree dated 28.06.2002 passed in MCOP.No.284 of 1994 by the learned Motor Accidents Claims Tribunal cum the Additional District and Sessions Judge, Fast Track Court No.I, Thoothukudi. !For Appellant ... Mr.D.Sivaraman for Mr.P.Sukumar ^For Respondent ... Mr.S.MuthalRaj No.1 for Mr.NA.Palaniyandi :JUDGMENT
This appeal is focussed as against the Judgement and Decree passed dated
28.06.2002 passed in MCOP.No.284 of 1994 by the learned Motor Accidents Claims
Tribunal cum the Additional District and Sessions Judge, Fast Track Court No.I,
Thoothukudi.
2. Heard both sides.
3. A re’sume’ of facts absolutely necessary and germane for the disposal
of this Civil Miscellaneous Appeal would run thus:
The Tribunal vide Judgement dated 28.06.2002 has awarded compensation to a
tune of Rs.1,52,580/- (Rupees one lakh fifty two thousand five hundred and
eighty only) on the following sub-heads:
For loss of income – Rs. 3,080/-
during treatment period
For medical expenses – Rs. 2,500/-
For pain and sufferings – Rs. 5,000/-
For extra nourishment – Rs. 1,000/-
For permanent partial
disability Rs. 40,000/-
For transportation – Rs. 1,000/-
For future loss of income Rs.1,00,000/-
————-
Total – Rs.1,52,580/-
————-
4. Being aggrieved by and dissatisfied with, the Judgment and decree of
the Tribunal this appeal
has been filed on the main grounds that the Tribunal committed error in awarding
a sum of Rs.1,00,000/- (Rupees one lakh only) towards future loss of income in
addition to awarding a sum of Rs.40,000/- (Rupees forty thousand only) towards
permanent partial disability.
5. The point for consideration is as to whether the Tribunal arrived at
‘just compensation’?
6.On Point:
The learned counsel for the appellant Tamil Nadu State Transport
Corporation reiterated what are all stated in the grounds of appeal, whereas the
learned counsel for the first respondent/claimant would submit that because of
the accident, the injured lost his employment under the very same appellant
itself; in fact, the accident occurred while he was working as temporary
conductor in that bus and hence the Tribunal was justified in awarding a sum of
Rs.1,00,000/- (Rupees one lakh only) towards future loss of income.
7. Taking into consideration the decision of this Court in Cholan Roadways
Corporation Ltd., rep. by its Managing Director, Kumbakonam-612 001 v. Ahmed
Thambi and others reported in 2006(4) CTC 433, just compensation should be
awarded for the permanent disability and pain and sufferings sustained by the
individual. While awarding compensation for the permanent disability the fact
remains that that compensation amount takes care of the future loss of income
also and as such separately under the caption future loss of income,
compensation should not be awarded and that would amount to duplication of
awarding of damages. Adhering to the above said Full Bench decision of this
Court, I am of the considered opinion that the compensation awarded could be
varied as under.
8. Admittedly and indubitably, the first respondent/claimant sustained 43%
permanent disability as he sustained fracture of his left forearm. Taking into
account the fact that the injured was 31 years old at the relevant time of the
accident, at the rate of Rs.2000/- (Rupees two thousand only) for each
percentage of permanent disability, the compensation could be awarded and
accordingly if worked out, it comes to (43X2000=86,000/-) Rs.86,000/- (Rupees
eighty six thousand only).
9. The Tribunal awarded a sum of Rs.3,080/- (Rupees three thousand and
eighty) only towards loss of income during the treatment period. I am of the
considered opinion that the amount could be enhanced to Rs.10,000/- (Rupees ten
thousand only) as at least he might not have been able to carry on with any
avocation for two months.
10. Under the caption pain and sufferings, the Tribunal awarded a sum of
Rs.5,000/- (Rupees five thousand only) and that could be enhanced to Rs.10,000/-
(Rupees ten thousand only) taking into account the seriousness of the injury.
11. Under the captions extra nourishment and transportation, the Tribunal
awarded a sum of Rs.1000/- (Rupees one thousand only) each and that could be
enhanced to Rs.2,000/- (Rupees two thousand only) under each caption.
12. Under the count ‘medical expenses’ a sum of Rs.2,500/- (Rupees two
thousand and five hundred only) was awarded and that can be left as such in view
of there being no challenge made as against it.
13. The awarding of a sum of Rs.1,00,000/- (Rupees one lakh only) under
the caption future loss of income and a sum of Rs.40,000/- (Rupees forty
thousand only) under the caption permanent partial disability by the Tribunal
are set aside. Accordingly, the compensation is modified as under:
For loss of income
during treatment period Rs. 10,000/-
For medical expenses – Rs. 2,500/-
For pain and sufferings – Rs. 10,000/-
For extra nourishment – Rs. 2,000/-
For permanent partial
disability Rs. 86,000/-
For transportation – Rs. 2,000/-
————-
Total – Rs.1,12,500/-
————-
14. In the result, this Civil Miscellaneous Appeal is partly allowed and
the award of the Tribunal is reduced from Rs.1,52,580/- (Rupees one lakh fifty
two thousand five hundred and eighty only) to Rs.1,12,500/- (Rupees one lakh
twelve thousand and five hundred only). The Tribunal awarded 9% interest, over
which there is no challenge. Hence, it is left as such. No costs.
Consequently, connected Miscellaneous Petitions are closed.
smn
To
The Motor Accidents Claims Tribunal cum
the Additional District and Sessions Judge,
Fast Track Court No.I,
Thoothukudi.