IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2023

CORAM:

The HONOURABLE MRS.JUSTICE N.MALA

C.M.A.No.953 of 2021

P.Alamelu

... Appellant

Vs.

The Managing Director,

Metropolitan Transport Corporation Limited,

Pallavan House, Anna Salai,

Chennai-600 002. ... Respondent

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the

Motor Vehicles Act, 1988 against the Judgment and decree dated

03.12.2019 made in M.C.O.P.No.7081 of 2016 on the file of the Motor

Accident Claims Tribunal/ IV Court of Small Causes Court, Chennai.

For Appellant

: Mr.Ramya V Rao

For Respondent

: Mr.A.Vinoth Raj

JUDGMENT

This Civil Miscellaneous Appeal is filed by the claimant for

enhancement of compensation. The claim petition was filed by the

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claimant claiming a sum of Rs.10,00,000/- as compensation for the

injuries sustained by her in motor accident which occurred on

16.02.2016.

2. According to the claimant, she was 50 years old at the time of

accident and as a vegetable vendor, she was earning a sum of

Rs.15,000/- per month. The claimant lost four teeth and suffered

contusion on the neck and cervical spondylosis. The claimant therefore,

claimed a sum of Rs.10,00,000/- as compensation.

3. The respondent/transport corporation filed a counter contesting

the claim petition on various grounds. The Tribunal on assessment of

entire evidence on record, awarded a sum of Rs.70,117/- as

compensation along with interest at the rate of 7.5% per annum. Not

satisfied with the amount awarded by the Tribunal, the claimant has filed

present Civil Miscellaneous Appeal for enhancement of compensation.

4. The short point to be decided in the appeal is the quantum of

compensation payable to the claimant for the injuries sustained by her in

the accident. The learned counsel for the appellant submitted that the

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accident was of the year 2016 and as the per the judgment of this Court,

in M.Chinnathambi vs. S.Deepa, National Insurance Co. Ltd., reported

in 2020 (1) TNMAC 617 (Mad), the Tribunal ought to have have

awarded Rs.5,000/- per percentage of disability, instead of Rs.3,000/- per

percentage of disability. The learned counsel further submitted that

considering the nature of the injuries sustained by the claimant, the

Tribunal ought to have assessed the disability at 20% instead of 10%.

The learned counsel further submitted that the award of the Tribunal

towards loss of income during period of treatment and pain and suffering

was very meagre and therefore the same should be enhanced.

5. The learned counsel for the respondent on the other hand

submitted that the award passed by the Tribunal is just, fair and

reasonable and therefore, it does not call for any interference by this

Court in the Civil Miscellaneous Appeal.

6. Heard the learned counsel for the petitioner as well as the

learned counsel for the respondent and perused the entire material placed

on record.

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7. It is not disputed that in the accident, the claimant had lost four

teeth and the same is evidenced by the disability certificate issued by the

Doctor. Therefore, I am of the opinion that the assessment of disability at

10% is not proportionate to the nature of the injuries sustained by the

claimant. Hence, the percentage of disability is fixed at 20% and amount

of Rs.5,000/- is fixed per percentage of disability following the judgment

of the this Court in M.Chinnathambi vs. S.Deepa, National Insurance

Co. Ltd., reported in 2020 (1) TNMAC 617 (Mad).

8. The claimant lost four teeth and had contusion on the neck and

cervical spondylosis. As a vegetable vendor she would have lost her

income for atleast two months after the accident and therefore, the

amount of Rs.16,00