1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2011 C O R A M THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL MISCELLANEOUS APPEAL No.787 of 2011 V.Yogesh Bharathi .. Appellant / Petitioner Vs. Tamil Nadu State Transport Corporation rep. through its Managing Director, Bye-Pass Road, Madurai. .. Respondent / Respondent Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 08.02.2011 passed in M.C.O.P.No.1787 of 2001 by the Motor Accidents Claims Tribunal/Additional District and Sessions Court (Fast Track Court No.III), Madurai. For Appellant .. Mr.C.Godwin For Respondent .. No appearance JUDGMENT The award dated 08.02.2011 passed in M.C.O.P.No.1787 of 2001 by the Motor Accidents Claims Tribunal/Additional District and Sessions Court (Fast Track Court No.III), Madurai is being challenged in the present Civil Miscellaneous Appeal. 2. The appellant herein as petitioner has filed M.C.O.P.No.1787 of 2001 on the file of the Motor Accident Claims Tribunal praying to pass an award of Rs.7,00,000/- by way of compensation, wherein the present respondent has been shown as sole respondent. 3. It is stated in the petition that on 30.07.2000 at about 04.30 p.m., the petitioner has travelled as a pillion rider on a motor cycle bearing Registration No.TN-58-D-2253 on Nethaji Road from east to west. At that time, the driver of the respondent has driven the bus bearing Registration No.TN-58-N-0053 in rash and negligent manner and dashed against the motor cycle, on which the petitioner has travelled. Due to accident the petitioner has sustained multiple injuries including various fractures. Since the accident has happened due to rash and negligent driving of the driver of the respondent, the present petition has been filed for getting the relief sought for therein. https://hcservices.ecourts.gov.in/hcservices/ 2 4. It is averred in the counter filed on the side of the respondent that the driver of the respondent has driven the bus alleged to have involved in the accident, with utmost care and caution. The rider of the two wheeler himself invited the accident and there is no merit in the petition and the same deserves to be dismissed. 5. On the basis of the available evidence on record the Motor Accidents Claims Tribunal has awarded Rs.4,42,000/- by way of compensation and in order to enhance the same, the present Civil Miscellaneous Appeal has been preferred at the instance of the petitioner as appellant. 6. Even though, the respondent has been served with the summons, appearance has not been made. Under the said circumstances, the present Civil Miscellaneous Appeal is disposed of on merits on the basis of the contention urged on the side of the appellant/petitioner. 7. The learned counsel appearing for the appellant/petitioner has contended that at the time of accident, the petitioner is aged about 12 and the Motor Accidents Claims Tribunal has fixed notional income of Rs.1,500/- per mensum and under the said circumstances, the award passed by the Motor Accidents Claims Tribunal is liable to be enhanced. 8. For considering the submission made on the side of the appellant/petitioner, the Court has to look into Ex.P.8 and also the evidence given by P.W.3. The doctor, who issued Ex.P.8 has been examined as P.W.3 and his specific evidence is that the petitioner has sustained various injuries including fractures and his right leg has been amputated and further he has deposed to the effect that the petitioner has sustained 70% disability. 9. The Motor Accidents Claims Tribunal has adopted multiplier method by way of fixing monthly income of Rs.1,500/- and the Motor Accidents Claims Tribunal has given 15 multiplier. Considering the age of the petitioner and also considering that he has completely lost his future earning power, this Court is of the view to fix Rs.2,000/- as monthly income and in that way it comes to Rs.3,60,000/-. 10. The Motor Accidents Claims Tribunal has awarded Rs.30,000/- towards pain and sufferings and Rs.1,32,000/- towards medical expenses and Rs.10,000/- towards incidental charges and the same can be accepted and in aggregation it comes to Rs.5,32,000/-. Since the petitioner is entitled to get Rs.5,32,000/-, the award in question is liable to be modified as stated infra. https://hcservices.ecourts.gov.in/hcservices/ 3 11. In fine, this Civil Miscellaneous Appeal is allowed in part without costs and the award passed in M.C.O.P.No.1787 of 2001 by the Motor Accident Claims Tribunal/Additional District and Sessions Court (Fast Track Court No.III), Madurai is modified as follows: The appellant/petitioner is entitled to get Rs.5,32,000/- by way of compensation. In other aspect, the award in question is confirmed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Motor Accident Claims Tribunal/ Additional District and Sessions Court (Fast Track Court No.III), Madurai. +1CC TO Mr.C.Godwin, Advocate, Sr.No.24229 C.M.A(MD)No.787 of 2011 22.07.2011 smn SMA/8.9.2011/3C/3P https://hcservices.ecourts.gov.in/hcservices/