IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :31.10.2025 CORAM:

THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI Devendra Singh … Appellant / Petitioner vs.

The Managing Director, Metropolitan Transport Corporation Limited, No.2, Pallavan House, Anna Salai, Chennai-600 002. … Respondent/Respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, against the Award made in M.C.O.P.No.6279 of 2019, dated 26.06.2025 on the file of the Motor Accident Claims Tribunal, Chennai (In the IV Court of Small Causes, Chennai).

For Appellant : Mr.K.Balaji For Respondent : Mr.M.Murali Vinoth

JUDGMENT

Not being satisfied with the Award dated 26.06.2025, passed in M.C.O.P.No.6279 of 2019 on the file of Motor Accident Claims Tribunal / IV Court of Small Causes, Chennai, the claimant herein has preferred this Civil Miscellaneous Appeal for enhancement of compensation.

2. Parties are indicated herein as per their litigative status and ranking before the Tribunal.

3. Heard the learned counsel for the appellant and the learned counsel for the respondent/Transport Corporation.

4. The facts of the case in brief:

On 13.11.2019, at about 06.50 hrs, when the claimant was travelling in the bus bearing Reg.No.TN-01-N-4124, at that time, when the bus stopped at SIET Bus stop, the claimant alighted from the bus. Before getting down, the driver of the bus took the bus in a rash and negligent manner. Due to that the claimant fell down and sustained injuries. The driver of the above said respondent Corporation bus, and the Managing Director of Metropolitan Transport Corporation Ltd., Chennai are liable to pay compensation to the claimant herein.

5. Counter details of the respondent is stated in brief:

The petitioner is put to strict proof of all his allegations made in the claim petition. The claimant, before the bus halted at SIET bus stop attempted to alight from the bus and due to the same, the petitioner fell down and sustained injuries. The accident caused due to the negligent act of the petitioner.

6. At trial, to substantiate the claim details, one witness is examined and fourteen documents were marked. On the side of the respondent, no oral or documentary evidence is led in. Ex.C1 is the disability certificate issued by the Regional Medical Board, Government Royapettah Hospital, Chennai.

7. The Tribunal upon consideration of case records and after hearing the arguments advanced by either side, granted compensation of Rs.6,17,400/- and the amounts granted under the different heads are given hereunder:

8. The learned counsel for the appellant would strenuously contend that 27 year old Cook suffered both bone fracture of both legs. The Medical Board assessed the disability as 62%. On account of the fracture suffered as mentioned supra, the claimant is not in a position to work as he did before. But, the Tribunal, without appreciating the above said details has granted compensation for the disability based on percentage method which is not correct and for the other heads, the amounts awarded by the Tribunal are not adequate.

9. The learned counsel for the respondent would vehemently argue that the Tribunal in consideration of the oral and documentary evidence of the claimant has granted reasonable compensation and the same does not warrant any interference by this Court.

10. It has come on record through the evidence of PW1 that on account of the accident, the claimant sustained degloving injury over right and left foot and suffered compound Grade-III-B fracture. It appears that the bus rolled over on the lower limb of the claimant.

11. As per Ex.P8 discharge summary, claimant had suffered right ankle, subluxation and isolated comminuted fibula fracture. He was admitted at Royapettah Government Hospital on 13.11.2009 and discharged on 21.11.2019 against Medical advice as per Ex.P8 discharge summary. Thereafter, he was admitted at SMS Medical College Hospital, Jaipur on 27.11.2019 and discharged on 05.12.2019. He underwent surgery on 28.11