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2019 DIGILAW 2426 (MAD)

R. Kayathri v. Managing Director, Tamil Nadu State Trans. Corpn. Ltd.

2019-09-16

R.HEMALATHA

body2019
JUDGMENT : R. Hemalatha, J. 1. The appellant, R. Kayathri, is the claimant in MCOP No. 329 of 2007 on the file of the Motor Accidents Claims Tribunal/Additional District Court and Special Court (for Essential Commodities Act), Salem (for short 'the Tribunal'). Since she was aged 8 years on the date of accident and a minor, she was represented by her father Rengarajan. The petition was filed under section 166 of the Motor Vehicles Act, 1988 praying to award a compensation of Rs. 25,00,000/- for the injuries sustained by R. Kayathri in a road accident that took place on 22.5.2006. 2. The case of the claimant in a nutshell is as follows: On 22.5.2006, the deceased Balaji and the injured Kayathri were travelling along with their parents in a bus bearing registration No. TN-23-N-1588 from Chennai to Salem. When the bus was nearing Nandhiyalam Petrol Bunk at about 4.45 a.m., the driver of the bus drove the bus rashly and negligently and hit a lorry bearing registration No. TN-20-Q-7510, while he attempted to overtake the said lorry. Balaji died on the spot and claimant R. Kayathri sustained grievous injuries all over her body. The injured was studying in a school. According to the claimant, rash and negligent driving of the driver of the bus bearing registration No. TN-23-N-1588 belonging to Tamil Nadu State Trans. Corpn. Ltd. was the cause of accident and, therefore, they are liable to pay compensation of Rs. 25,00,000 to her. 3. The respondent No. 2, owner of the lorry, remained absent before the Tribunal and, therefore, he was set ex parte. Respondent Nos. 1 and 3 contested the claim petition. The learned Tribunal after analysing the evidence on record awarded compensation of Rs. 1,89,750 together with interest at the rate of 7.5 per cent per annum to the injured in MCOP No. 329 of 2007. Not satisfied with the quantum of compensation awarded by the Tribunal, the claimant has filed the present appeal under section 173 of the Motor Vehicles Act, 1988. 4. Mr. P. Sathish, learned counsel appearing for the appellant, contended that the left leg of the appellant was amputated and Dr. Geetha (P.W. 2) had assessed the partial permanent disability as 55 per cent. 4. Mr. P. Sathish, learned counsel appearing for the appellant, contended that the left leg of the appellant was amputated and Dr. Geetha (P.W. 2) had assessed the partial permanent disability as 55 per cent. He also relied on the decision of a Division Bench of this court in M. Hariharan v. Subramaniyam, 2019 (3) TLNJ 434 (Civil) and contended that the Division Bench in the case of a boy aged 8 years who sustained injuries in a road accident fixed the income of the injured at Rs. 15,000 per month and awarded compensation of Rs. 44,24,000. He therefore contended that by applying the same analogy, the compensation awarded by the Tribunal should be enhanced in the present case. 5. In the case of M. Hariharan v. Subramaniyam (supra), the injured was aged 8 years and he had lost his both legs and the doctor had contended that he has sustained 85 per cent disability. Since there was total disablement, the Division Bench had considered the disability as 100 per cent and awarded compensation of Rs. 44,24,000. In the instant case, the injured's left leg was amputated and Dr. Geetha (P.W. 2) assessed the partial permanent disability as 55 per cent. Since the age of the injured was 8 years, the proper multiplier to be adopted in the instant case is 18 as per the decision rendered in Sarla Verma v. Delhi Transport Corporation, 2009 ACJ 1298 (SC). The Tribunal has rightly fixed the notional income of the injured as Rs. 15,000 per month and the same is hereby confirmed. The 'partial permanent disability' is calculated as below: Partial permanent disability: = Rs.15,000/- x 12 x 18 x 55/100 = Rs.17,82,000/- 6. The award passed by this court under various heads is extracted hereunder: S. No. Head Amount granted 1. Partial Permanent Disability Rs.17,82,000/- 2. Pain and Suffering Rs.1,00,000/- 3. Loss of amenities Rs.1,00,000/- 4. Loss of marriage prospects Rs.2,00,000/- 5. Transportation Rs.10,000/- 6. Extra Nourishment Rs.10,000/- 7. Attender's charges Rs.10,000/- 8. Damage to clothes Rs.1,000/- Total Rs.22,13,000/- 7. Thus, the compensation awarded by the Tribunal is enhanced from Rs. 1,89,750 to Rs. 22,13,000 which would carry interest at the rate of 7.5 per cent per annum. 8. In the result: (i) The civil miscellaneous appeal is allowed. No costs. (ii) The compensation awarded by the Claims Tribunal is enhanced from Rs. 1,89,750 to Rs. 22,13,000. Thus, the compensation awarded by the Tribunal is enhanced from Rs. 1,89,750 to Rs. 22,13,000 which would carry interest at the rate of 7.5 per cent per annum. 8. In the result: (i) The civil miscellaneous appeal is allowed. No costs. (ii) The compensation awarded by the Claims Tribunal is enhanced from Rs. 1,89,750 to Rs. 22,13,000. (iii) The appellant is directed to pay the court-fee for the enhanced compensation amount, if any, within three weeks from the date of this order and the Registry is directed to draft the decree only after the receipt of court-fee. (iv) The respondent, Tamil Nadu State Trans. Corpn. Ltd., is directed to deposit the entire compensation amount, i.e., Rs. 22,13,000 (less the amount already deposited) together with interest at the rate of 7.5 per cent per annum from the date of claim petition till the date of deposit to the credit of MCOP No. 329 of 2007 on the file of the Motor Accidents Claims Tribunal/Additional District Court and Special Court (for Essential Commodities Act), Salem within a period of four weeks from the date of receipt of a copy of this order. (v) On such deposit being made, the appellant is at liberty to withdraw the same after following due process of law.