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2022 DIGILAW 3525 (MAD)

Managing Director, Tamil Nadu State Transport Corporation Ltd. , Villupuram v. V. Selvam

2022-09-28

P.T.ASHA

body2022
JUDGMENT (Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgement and Decree dated 03.12.2021 made in M.C.O.P.No.204 of 2018 on the file of the Motor Accident Claims Tribunal, the Special Subordinate Judge, Cuddalore.) 1. The Insurance Company has challenged the award passed by the Motor Accident Claims Tribunal, Cuddalore in M.C.O.P.No.204 of 2018. The learned counsel for the claimant / respondent was also present at the time of admission. Both the learned counsels had made their submissions. 2. The appellant Transport corporation is aggrieved by the fact that the Tribunal has awarded huge amounts under the head of Pain and Sufferings, Transport Charges, Loss of Marital Life, etc., 3. The accident had taken place on 14.09.2017 and the respondent is a 22 year old boy doing fishing business. It is his case that he would earn a monthly income of a sum of Rs.20,000/-. 4. The Tribunal after considering the evidence had awarded compensation of a sum of Rs.23,38,720/-. 5. The Transport Corporation is aggrieved by the fact that the Tribunal has awarded excessive amounts under the heads of Pain and Sufferings, Transport Charges, Extra Nourishment and Loss on account of Marital Prospects. 6. It is no doubt true that the amount granted under the head of Loss of Marital Prospects is on the higher side. However, no amounts have been granted under the head of Loss of Amenities and Attender Charges. Further, it is seen that the respondent / claimant had suffered an amputation. Therefore Loss of Amenities is awarded at Rs.50,000/-. Likewise, Rs.50,000/- is awarded under the head of Attender Charges. Compensation granted under the head of Extra Nourishment is enhanced to a sum of Rs.50,000/-. The claimant has been an inpatient for over 2 months and ultimately suffered an amputation. The amount under the head of pain and suffering can be enhanced to a sum of Rs.1,80,000/-. Loss of marital prospects is reduced to a sum of Rs.50,000/-. Therefore, the appeal is dismissed modifying the amounts under the various heads. 7. The award of the Tribunal below is re-worked as follows: Heads Award of the Tribunal Award of the High Court Loss of Income Rs.23,58,720/- Rs.23,58,720/- (Confirmed) Pain and Sufferings Rs.1,50,000/- Rs.1,80,000/- (Enhanced) Medical Expenses Rs.50,000/- Rs.50,000/- (Confirmed) Transport Charges Rs.50,000/- Rs.50,000/- (Confirmed) Extra Nourishment Rs.30,000/- Rs.50,000/- (Enhanced) Loss of Marital Prospects Rs.2,00,000/- Rs.50,000/- (Reduced) Loss of Amenities .......... 7. The award of the Tribunal below is re-worked as follows: Heads Award of the Tribunal Award of the High Court Loss of Income Rs.23,58,720/- Rs.23,58,720/- (Confirmed) Pain and Sufferings Rs.1,50,000/- Rs.1,80,000/- (Enhanced) Medical Expenses Rs.50,000/- Rs.50,000/- (Confirmed) Transport Charges Rs.50,000/- Rs.50,000/- (Confirmed) Extra Nourishment Rs.30,000/- Rs.50,000/- (Enhanced) Loss of Marital Prospects Rs.2,00,000/- Rs.50,000/- (Reduced) Loss of Amenities .......... Rs.50,000/- (granted) Attender Charges .......... Rs.50,000/- (granted) Total Rs.28,38,720/- Rs.28,38,720/- together with interest @ 7.5% p.m. In all other respects, the award of the Tribunal below stands confirmed. 8. The Transport Corporation is directed to deposit the award amount along with interest and costs, less the amount already deposited within a period of six weeks from the date of receipt of a copy of this Judgement, to the credit of M.C.O.P.No.204 of 2018. On such deposit, the respondent is permitted to withdraw the award amount, after adjusting the amount, if any, already withdrawn, by filing necessary application before the Tribunal. 9. The Civil Miscellaneous Appeal is dismissed. Consequently, connected Civil Miscellaneous Petition is closed. No costs.