Civil Appeal No. 7750 of 2012 (Arising out of S.L.P. (Civil) No. 479 of 2012). Case: Subulaxmi Vs M.D., Tamil Nadu State Transport Corporation and Anr.. Supreme Court (India)
| Case Number | Civil Appeal No. 7750 of 2012 (Arising out of S.L.P. (Civil) No. 479 of 2012) |
| Counsel | For Appellant: Prachi Bajpai, Adv. and For Respondents: C. Paramasivam and B. Balaji, Advs. |
| Judges | K.S. Panicker Radhakrishnan and Dipak Misra, JJ. |
| Issue | Motor Vehicles Act, 1988 - Sections 166, 171 |
| Citation | 2013 (1) ALD 68, 2012 (6) ALLMR 954, 2012 (95) ALR 914, 2013 (1) AWR 184 (SC), 2013 (1) AWC 3 SC, 2013 (2) BLJ 520, 2012 (4) CGLJ 607, JT 2012 (11) SC 135, 2013 (2) LW 325, 2013 (2) MahLJ 20 (SC), 2012 (8) MLJ 363, 2013 (1) MPLJ 536, 2012 (4) RCR 945 (Civil), RLW 2013 (1) SC 128, 2012 (10) SCALE 617, 2012 (10) SCC 177, 2013 (2) WBLR 384 (SC) |
| Judgement Date | November 01, 2012 |
| Court | Supreme Court (India) |
Judgment:
1. Delay condoned. Leave granted.
2. The Appellant as claimant filed an application under Section 166 of the Motor Vehicles Act, 1988 (for brevity `the Act') before the Motor Accidents Claims Tribunal, Srivilliputtur (for short `the tribunal') forming the subject matter of MCOP No. 244 of 1999, putting forth a claim of Rs. 6,50,000/- as compensation for the injuries sustained by her in a motor vehicle accident. Her claim petition was tried along with the petition preferred by one Mrs. Muthammal, the applicant in MCOP No. 245 of 1999.
3. The facts which are essential to be exposited are that on 13th March, 1998, the claimant-Appellant, aged about 30 years, a match industry worker while travelling in a bus bearing registration number TN 59-N0912 belonging to the Tamil Nadu State Transport Corporation, Madurai Division (V), the Respondent No. 2 before the tribunal, met with an accident with another bus bearing registration number TN 59-N0912 belonging to the Madurai Division (I) of the said Corporation, the Respondent No. 1 therein. The accident occurred because of careless and negligent driving of the drivers of both the vehicles. In the accident, the claimant suffered grievous injuries which eventually resulted in the amputation of left leg below knee and abrasion in right shoulder and later amputation of right foot. It was averred that she was earning a sum of Rs. 1,500/- per month at the time of accident and remained in the hospital for a period of five and half months. Computing the amount expended, pain and suffering, incapacity to have any future income and the deprivation of other amenities of life and future comforts she claimed a sum of Rs. 6,50,000/- as compensation. The tribunal granted Rs. 2,00,000/- as compensation by award dated 22.10.2002 and fastened the liability on both the Respondents. It is necessary to state here that the tribunal had awarded Rs. 86,000/- towards permanent disability assessing the same at 86%, Rs. 14,000/- towards pain and suffering, Rs. 66,000/- on the head of loss of future income, Rs. 10,000/- for medical expenses, Rs. 15,000/- towards extra nourishment, Rs. 5,000/- for loss of income during the treatment period and Rs. 4,000/- towards transport charges.
4. Being grieved by the award, the Corporation preferred C.M.A. No. 2964 of 2003 and the claimant preferred Cross Objection (MD) No. 45 of 2008 for enhancement of the quantum. The High Court, while computing the amount of compensation, did not grant any amount for permanent disability but enhanced the future income to Rs. 1,15,000/- and added Rs. 75,000/- for replacement of artificial limb and for future medical expenses. It also granted Rs. 10,000/- for loss of amenities and Rs. 10,000/- towards attendant charges. On certain heads it also marginally enhanced the amount as a consequence of which the amounts stood enhanced to Rs. 2,75,000/-. It is apt to mention here...
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LPA No. 395 of 1998. Case: B. Lal Singh Alias Lal Singh Vs Vinod Kumar and Others. High Court of Punjab (India)
...has also been placed upon the judgment of the Supreme Court in Subulaxmi vs. M.D., Tamil Nadu State Transport Corporation and another, 2012 (10) SCC 177, which also supports the claim made by the appellant in the present appeal. He, accordingly, prays that the present appeal be allowed and ......
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LPA No. 395 of 1998. Case: B. Lal Singh Alias Lal Singh Vs Vinod Kumar and Others. High Court of Punjab (India)
...has also been placed upon the judgment of the Supreme Court in Subulaxmi vs. M.D., Tamil Nadu State Transport Corporation and another, 2012 (10) SCC 177, which also supports the claim made by the appellant in the present appeal. He, accordingly, prays that the present appeal be allowed and ......