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2009 Supreme(Mad) 3901
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.P.S. JANARTHANA RAJA
The Managing Director, Tamil Nadu Transport Corporation Ltd.
Versus
N. Sivagandhi & Another
C.M.A.No.1931 of 2003 & Cross Objection No.40 of 2009
Decided On : 30-09-2009
For the Appellant:Mrs. Geetha for Mrs. Rajnish Pathiyil, Advocates.
For the Respondents:R1, Dhanyakumar, Advocate.
The main legal point established in the judgment is the application of the multiplier method and the consideration of disability in assessing compensation under the Workmens Compensation Act, 1923.
Headnote:
Motor Accident - Compensation - Workmens Compensation Act, 1923, Second Schedule - Loss of Income, Pain and Sufferings, Transport and Nutrition, Medical Expenses, Loss of amenities - 2, 8, 9, 13, 14, 17 of Part II of Schedule I of Workmens Compensation Act, 1923 - The court discussed the principles of assessment, multiplier method, and the impact of disability on earning capacity. It considered relevant case laws and determined the modified compensation for the claimant.
Fact of the Case:
The claimant was injured in a motor vehicle accident due to the rash and negligent driving of the bus driver. The Tribunal awarded compensation, which was challenged by the appellant-Transport Corporation and the claimant.
Finding of the Court:
The court found that the accident occurred due to the negligent driving of the bus driver and assessed the compensation based on the claimant's injuries and loss of earning capacity.
Issues: The issues included the quantum of compensation and the method of assessment for loss of earning capacity and disability.
Ratio Decidendi: The court applied the multiplier method and considered the impact of disability on the claimant's earning capacity. It also discussed the principles established in relevant case laws to determine the modified compensation.
Final Decision: The court directed the appellant-Transport Corporation to deposit the enhanced compensation with interest, and the appeal and cross objection were disposed of with no costs.
C.M.A.No.1931 OF 2003 is preferred by the appellant-Transport Corporation against the award dated 211. 2002 made in MACTOP No.251 of 2000 by the Motor Accident Claims Tribunal (II Additional Sub Court) Villupuram.
2. Cross Objection No.40 of 2009 is filed by the claimant against the award dated 211. 2002 made in MACTOP No.251 of 2000 by the Motor Accident Claims Tribunal (II Additional Sub Court), Villupuram.
3. Background facts in a nutshell are as follows:
The claimant was injured in a motor vehicle accident that took place on 18.01.2000 at about 8.40 a.m. The claimant was travelling as a passenger in a bus belonging to the appellant-Transport Corporation bearing Registration Number TN-32-N-0727. When the bus was nearing Pillaiyar Koil bus stop on Chennai Trichy G.S.T. Road, the claimant tried to get down from the bus. At that time the driver of the bus suddenly moved the same with great speed and negligent manner and due to which, the claimant fell down and had sustained grievous injuries. The claimant was immediately admitted in Government Hospital, Villupuram and later transferred to Pondichery Gipmer Hospital and then, on the same day he was admitted in K.H.M.Hospital (Private), Chennai. He claimed a sum of Rs.8,00,000/- as compensation. The appellant-Transport Corporation resisted the claim. On pleadings the Tribunal framed the following issues:-
"1. Whether the accident had occurred due to the rash and negligent driving of the bus driver or not?
2. What is the compensation the claimant is entitled to? If so, what is the amount?"
After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to rash and negligent driving of the driver of the appellant-Transport Corporation and awarded a compensation of Rs.3,49,600/-with interest at 9% per annum from the date of petition and the details of the same are as under:-
Loss of disability Rs. 65,000/-Loss of Income Rs.1,80,000/-
Pain and Sufferings Rs. 10,000/-
Transport and Nutrition Rs. 10,000/-
Medical Expenses Rs. 84,600/-
Total... Rs.3,49,600/-
Aggrieved by that award, the appellant-Transport Corporation as well as the claimant have filed the appeal and cross objection.
4. The learned counsel appearing for the appellant/Transport Corporation questioned only quantum of compensation awarded by the Tribunal and contended that the amount awarded by the Tribunal is excessive, exorbitant, without basis and justification and the Tribunal ought not to have awarded Rs.1,80,000/-towards loss of earning capacity, when a sum of Rs.65,000/- was already awarded towards partial permanent disability and that therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside.
5. Learned counsel appearing for the respondent/claimant, who is the Cross Objector in Cross Objection No.40 of 2009, submitted that the Tribunal ought to have awarded the compensation as claimed by the claimant and the amount awarded under various heads is very low and the Tribunal has not followed the principles of assessment before passing the award. Hence, it is a fit case for enhancing the compensation.
6. Heard the counsel. On the side of the claimant, P.Ws.1 to 3 were examined and documents Exs.P1 to P24 were marked. On the side of the appellant-Transport Corporation one Mr. Thirugnanam, who is the driver of the bus, was examined as R.W.1 and no document was marked to substantiate their claim. P.W.1 is the claimant. PW2 is Harikrishnan, Taxi Driver, who took the injured to the hospitals. PW.3 is Doctor Ravindhar, Assistant Medical Officer, Ayanavaram. Ex.P1 is First Information Report. Exs.P2 is the Motor Vehicle Inspectors Report. Ex.P3 is the Wound Certificate issued by K.H.M.Hospital. Ex.P4 is the Wound Certificate. Ex.P5 is the copy of the permit. Ex.P6 is the certificate issued by Tyre Retreating Company. Ex.P7 is the series of medical bills. Exs.P8 to P23 are the Taxi receipts. Ex.P24 is the Permanent disability c
