w w w . L a w y e r S e r v i c e s . i n



C. Chandrasekaran v/s The Managing Director, Metropolitan Transport Corporation Ltd., Chennai


Company & Directors' Information:- METROPOLITAN TRANSPORT CORPORATION (CHENNAI) LIMITED [Active] CIN = U60220TN1971SGC006088

Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

    C.M.A. No. 3084 of 2019

    Decided On, 16 September 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Appellant: C. Richard Suresh Kumar, Advocate. For the Respondent: Suresh Srinivasan for K. Moorthy, Advocates.



Judgment Text

(Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 27.06.2018 passed in M.C.O.P. No.1520 of 2015 on the file of the learned Principal Special Judge, Principal Special Small Causes Court-cum-Motor Accidents Claims Tribunal, Chennai.)1. The judgment and decree dated 27.06.2018 passed in M.C.O.P. No.1520 of 2015 by the learned Principal Special Judge, Principal Special Small Causes Court-cum-Motor Accidents Claims Tribunal, Chennai, is under challenge in the present Civil Miscellaneous Appeal.2. The claimant, who is the appellant herein, filed the present Civil Miscellaneous Appeal, seeking enhancement of compensation.3. The accident occurred on 07.01.2015 at about 11.00 hours, at North Gate Salai, Near High Court Entrance, Chennai. The C-2, Elephant Gate, Traffic Investigation registered a case in Crime No.05/C3/2015.4. The appellant-claimant was standing near the Bus Stop. Due to the accident caused by the MTC bus, the appellant-claimant sustained fractures on both legs as well as multiple injuries all over the body. The appellant-claimant has taken treatment in Rajiv Gandhi Government General Hospital and subsequently, continued his treatment on A.K.N. Hospital at Kellys.5. The claim petition was filed by the appellant-claimant and the respondent/Metropolitan Transport Corporation defended the claim petition.6. The Tribunal adjudicated the issues with reference to the documents as well as the evidences produced.7. As far as the negligence aspect is concerned, the Tribunal safely arrived a conclusion that the accident occurred due to the rash and negligent driving of the driver of the respondent/Metropolitan Transport Corporation bus.8. Regarding the quantum of compensation for disability, the Doctor assessed the disability at 40%. The appellant-claimant was aged about 77 years old at the time of accident and he took treatment for four days. Under these circumstances, the Tribunal fixed a sum of Rs.3,000/- per percentage for disability and accordingly, granted a sum of Rs.1,20,000/- towards disability compensation.9. The learned counsel appearing on behalf of the appellant- claimant contended that the compensation granted under the head of loss of earning is also inadequate. The appellant-claimant is working as Security and therefore, more compensation would be granted to the appellant- claimant by the Tribunal for loss of earning capacity.10. The learned counsel appearing on behalf of the respondent-Transport Corporation disputed the contentions of the learned counsel for the appellant-claimant, by stating that he was working as Security, but no evidence of proof has been produced before the Tribunal to establish his occupation. In the absence of any such proof, the Tribunal is right in granting a sum of Rs.5,000/- towards loss of earning.11. This Court is of the considered opinion that admittedly the appellant-claimant was aged about 77 years at the time of accident. Undoubtedly, if a person is hale and healthy at that relevant point of time, he worked as Security as engaged by any other Company or by an individual, then the appellant-claimant is bound to submit some proof to that effect. At least a Service Certificate or a Certificate from the Security Company in which he is working. However, no such proof has been produced by the appellant-claimant before the Tribunal. Therefore, this Court is unable to consider the claim of the appellant-claimant to enhance the compensation under the loss of income head.12. As far as the disability compensation is concerned, the Doctor assessed the disability at 40%. However, the Tribunal has granted a sum of Rs.3,000/- per percentage. The accident occurred in the year 2015 and therefore, the Tribunal ought to have granted at least a sum of Rs.4,000/- per percentage considering the cost index of the particular year. Thus, this Court is inclined to enhance the disability compensation from Rs.1,20,000/- to Rs.1,60,000/- (i.e., Rs.4,000/-x40). With reference to the other heads, no enhancement is required. Accordingly, a compensation granted by the Tribunal is enhanced to Rs.2,46,800/-. Thus, the appellant/claimant is entitled for a total compensation of Rs.2,46,800/- with accrued interest at the rate of 7.5% per annum.13. The respondent/Transport Corporation is directed to deposit the entire award amount along with accrued interest, within a period of twelve weeks from the date of receipt of a copy of this judgment and on such deposit being made,

Please Login To View The Full Judgment!

the appellant/claimant is permitted to withdraw the entire award amount by filing an appropriate application before the Tribunal and payments are to be made through RTGS.14. Accordingly, the judgment and decree dated 27.06.2018 passed in M.C.O.P. No.1520 of 2015 by the learned Principal Special Judge, Principal Special Small Causes Court-cum-Motor Accidents Claims Tribunal, Chennai, stands modified and consequently, CMA No.3084 of 2019 is allowed in part. However, there shall be no order as to costs.
O R