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2014 DIGILAW 3845 (MAD)

Managing Director, Tamil Nadu State Transport Corporation v. P. Perumal

2014-10-15

S.VIMALA

body2014
Judgment 1. The claimant, P. Perumal, aged 29, a coolie worker, earning a sum of Rs.3,000/- per month, met with an accident on 02.03.1999 and in respect of the same, he filed a claim petition in M.C.O.P.No.504 of 2001 claiming a sum of Rs.1,00,000/- as compensation. The tribunal has awarded a sum of Rs.75,000/-. Challenging the quantum of compensation as exorbitant, Transport Corporation has filed this Civil Miscellaneous Appeal. 2. A perusal of the details of the award passed by the Claims Tribunal would go to show that the following are the break up details: Loss of income Rs. 5,000.00 Extra nourishment and medical expenses Rs. 10,000.00 Partial permanent disability Rs. 40,000.00 Pain and sufferings Rs. 5,000.00 Loss of earning capacity Rs. 15,000.00 Total Rs. 75,000.00 3. The main contention of the learned counsel for the appellant is that when the Tribunal has already awarded a sum of Rs.40,000/- towards partial permanent disablement, the Tribunal is not justified in awarding a sum of Rs.15,000/- towards loss of earning capacity. It is pointed out by the learned counsel for the appellant that when the disablement itself was only 25%, the award of Rs.40,000/- towards partial permanent disablement is exorbitant. This contention of the learned counsel for the appellant is correct, but the Tribunal has not awarded any compensation towards loss of enjoyment of amenities and transport expenses. Sustaining disability is one thing and consequential loss of earning capacity which arose out of permanent disability is yet another loss. The Tribunal has not distinctly brought out these details, but has merely mentioned that compensation is awarded towards loss of partial permanent disablement. As rightly contended, for sustaining disability of 25%, the award of Rs.40,000/- is exorbitant, as during the year 1999, the award of compensation was at the rate of Rs.1,000/- per percentage. If that calculation is adopted, the compensation for partial permanent disablement at any rate could not have been more than Rs.25,000/-. Therefore, the excess award amount to the tune of Rs.15,000/-, as already pointed out, would go to under the head "loss of enjoyment of amenities". Therefore, even though the main ground of appeal has been substantiated, considering the over all facts and circumstances, the award of Rs.75,000/-passed by the Claims Tribunal is correct. The Civil Miscellaneous Appeal has no merits and the same is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.