IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-09-2008
CORAM
THE HONOURABLE MR.JUSTICE S. PALANIVELU
C.M.A.No.584 of 2002
Sundaramurthy ... Appellant
vs.
The Managing Director,
State Express Transport Corporation,
Pallavan Salai, Chennai 2. ... Respondent
Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and decree made in MACTOP No.4695 of 1998 dated 15.10.2001 on the file of the Learned II Judge, Small Causes Court, Chennai.
For appellant : Mr. S. Suriya Prakash
For respondent : Mr. A. Babu
JUDGMENT
On 12.08.1997 at about 00.30 a.m. while the claimant was travelling in the bus bearing Registration No.TN-01-N-3842, belonging to the respondent Transport Corporation, near Mandapam Village, Chennai to Kumbakonam Road, since the bus was driven in a rash and negligent manner, it dashed against a container lorry with Registration No.TN-04-B-0410 and claimant was critically injuried and his wife died. He was carpenter by profession and was earning Rs.5,000/- per month. Total compensation of Rs.3,00,000/- is claimed.
2. In the counter filed by the respondent corporation, it is stated that the bus driver drove the vehicle in a careful manner and the accident took place solely due to the negligent driving of the container lorry driver. The age, avocation and income of the claimant are denied. The claim is highly excessive and hence, petition may be dismissed.
3. As far as fastening of liability upon the respondent Transport Corporation driver is concerned, it is not much debatable before this Court. As regards the quantum of compensation fixed by the Tribunal, the claimant is very much aggrieved. Learned counsel for the claimant would submit that the quantum assessed by the Tribunal does not reflect the gravity of the injuries and sufferings of the claimant. Due to the injuries in the left leg including fracture, his left leg below the knee was amputated. Since he has lost the leg, it is impossible for him to pursue his avocation as carpenter. Hence adoptation of multiplier method is more appropriate in this case. It is evident that he was earning about Rs.5,000/- per month by avocation as carpenter. For the purpose of awarding compensation this Court fixes Rs.2,400/- as monthly income and the annual income is Rs.28,800/- in which 1/3rd Rs.9,600/- to be deducted and Rs.19,200/- is available for award as annual loss of income. Since, he was aged 50 years at the time of accident, multiplier of 11 has to be adopted. Hence total loss of income would be Rs.2,11,200/-. Towards loss of income during the period of treatment Rs.20,000/- has been allowed by the Tribunal which is confirmed. Rs.5,000/- for medical expenses and Rs.20,000/- for pain and sufferings, awarded by the Tribunal, have also been confirmed. An additional sum of Rs.10,000/- may also be awarded in view of loss of amenities. Hence in total the claimant is entitled for compensation of Rs.2,66,200/-.
4. In fine the appeal is partly allowed directing the respondent, State Express Transport Corporation, to pay compensation of Rs.2,66,200/- (Rupees Two lakhs sixty six thousand two hundred only) to the claimant along with interest @ Rs.7.5% for the enhanced compensation from the date of filing of this petition till the date of deposit, within eight weeks from the date of this Order. No costs.
12.09.2008
Index : yes
Internet : yes
ggs
To
The Registrar,
Court of Small Causes,
Chennai-104.
S. PALANIVELU,J.
ggs
Judgment in
C.M.A.No.584 of 2002
12.09.2008