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



Dhakshinamurthy 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. 800 of 2019

    Decided On, 25 August 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: S. Sivakumar, Advocate.



Judgment Text

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act 1988, against the Judgment and Decree dated 14.08.2018 passed in M.C.O.P.No.7200 of 2014 by the Principal Special Judge, MCOP Tribunal, Court of Small Causes, Chennai – 104.)1. The Civil Miscellaneous Appeal is filed against the judgment and decree dated 14.08.2018 made in M.C.O.P.No.7200 of 2014 on the file of the Principal Special Judge, MCOP Tribunal, Court of Small Causes, Chennai – 104.2. The Claimant is the appellant and the appeal is filed, seeking enhancement of compensation mainly on the ground that the award amount is not in commensuration with the gravity of the injury sustained by the claimant. The Tribunal granted a sum of Rs.1,96,000/- as compensation. The accident occurred on 28.12.2013 at about 11.00 hrs at Vyasarpadi, T.H.Road, Opposite to Ramalingam Koil. G3, Traffic Investigation, Kilpauk, Chennai, registered a case in Crime No.400/P2/2013. The claimant had sustained Fracture of Left Leg, Left Hand Injury and multiple injury all over the body.3. As per the evidence of P.W.1, the claimant was immediately admitted in Government Stanley Hospital, wherein he was admitted as inpatient and had taken treatment for about 53 days. The claimant was continuously taking treatment in the same hospital as outpatient for several months. The Discharge Summary was marked as Ex.P3 and Ex.P4 is the Wound Certificate and Ex.P5 are Photographs. Ex.P6 relates to the nature of injuries and the period of treatment taken by the claimant. On account of the fracture, the claimant is unable to stand for long time and not in a position to walk freely. He is unable to climb steps and squat on the floor. Raising these grounds, the appellant reiterated that the compensation granted by the Tribunal is inadequate. The claimant was aged about 58 years at the time of accident and therefore, the Tribunal has committed an error in granting lesser compensation.4. The learned counsel appearing on behalf of the appellant contended that even the loss of income has been calculated for three months, which is inappropriate. The appellant had taken treatment as inpatient for 53 days and thereafter, as outpatient for several months. Therefore, the calculation of loss of monthly income is also erroneous and the compensation granted under the head of Pain and Suffering is also less. The other compensation granted under various heads are also lesser than that of the entitlement of the claimant.5. This Court is of the considered opinion that the Tribunal adjudicated the issues and arrived a conclusion that the accident was occurred due to the rash and negligent driving of the driver of the Metropolitan Transport Corporation. Accordingly, the negligence was fixed on the driver of the Corporation Bus. Thus, the Transport Corporation is liable to pay compensation to the claimant.6. As far as the quantum of compensation is concerned, the Doctor assessed the disability as 40% and the Tribunal has taken 35% as disability. A sum of Rs.3,000/- per percentage is fixed and accordingly, the disability compensation of Rs.1,05,000/- was granted. In this regard, this Court do not find any perversity or error. As far as the compensation granted under various other heads are concerned, loss of earnings was granted for three months by assessing the monthly income of the claimant as Rs.10,000/-. Accordingly, Rs.30,000/- was awarded towards loss of earnings. This Court is of the considered opinion that the claimant had undergone treatment as inpatient for about 53 days and thereafter, as outpatient for several months. Under those circumstances, the Tribunal ought to have granted compensation for loss of earnings atleast for six months. Thus, the compensation granted under the head of loss of earnings for three months is inadequate and this Court is inclined to enhance the compensation under the head of loss of earnings from three months to six months and as such, the claimant is entitled for the compensation for loss of earnings as Rs.60,000/-(6*10,000=60,000/-). With reference to the other heads, this Court is not inclined to interfere as the compensation fixed is appropriate and accordingly, the same stands confirmed. For all these reasons, the total compensation of a sum of Rs.1,96,000/-(Rupees One Lakh and Ninety Six Thousand only) granted by the Motor Accidents Claims Tribunal is enhanced to Rs.2,26,000/-(Rupees Two Lakhs and Twenty Six Thousand only). The appellant/claimant is entitled for the enhanced compensation of Rs.2,26,000/-(Rupees Two Lakhs and Twenty Six Thousand only)7. Thus, the respondent/Transport Corporation is directed to deposit the entire award amount along with the interest

Please Login To View The Full Judgment!

at the rate of 7.5% per annum within a period of twelve (12) weeks from the date of receipt of a copy of this judgment. On such deposit, the appellant/claimant is permitted to withdraw the entire amount with accrued interest by filing an appropriate application before the Tribunal and the payments are to be made through RTGS.8. Accordingly, the judgment and decree dated 14.08.2018 made in M.C.O.P.No.7200 of 2014 stands modified and the Civil Miscellaneous Appeal in C.M.A.No.800 of 2019 stands allowed in part. No costs.
O R