B. KOTHANDAPANI versus TAMIL NADU STATE TRANSPORT CORPORATION LTD.

Citation: [2011] 6 S.C.R. 791 · Decided: 12-05-2011 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Case Partly allowed
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Judgment (excerpt)

[2011) 6 S.C.R. 791 
B. KOTHANDAPANI 
v. 
1AMIL NADU STATE TRANSPORT CORPORATION LTD. 
(Civil Appeal Nos. 4330-4331 of 2011) 
MAY 12, 2011 
[P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] 
Motor Vehicles Act, 1988: 
A 
B 
Compensation towards "permanent disability" - In a c 
motor vehicle accident claimant-Foreman suffered partial loss 
of eye-sight and amputation of right hand finger - HELD: 
Tribunal rightly awarded compensation under the head 
"permanent disability" besides awarding compensation for 
loss of earning capacity. 
o 
The appellant, met with a motor vehicle accident as 
a result of which, besides other injuries, he suffered 
disability due to partial loss of eye-sight and amputation 
of middle finger of his right hand. He was a Foreman in a 
company and his monthly salary after deductions was Rs 
E 
3,295.281- . The Motor Accident Claims Tribunal assessed 
the permanent disability to the extent of 85% and taking 
note of the age and vocation of the claimant, allowed him 
a compensation of Rs.5,05,053.45, which included 
Rs.1,50,000/· towards permanent disability. On appeal, the 
F 
t-1igh Court set aside the award of Rs.1,50,000/- granted 
under the head of "permanent disability" holding that the 
claimant had been awarded a sum of Rs. 3 lakh towards 
- the loss of earning capacity. It awarded a further sum of 
Rs.50,0001· In addition to the amount awarded by the G 
Tribunal. 
In the Instant appeals flied by the claimant, the only 
question for consideration before the Court was: Whether 
791 
H 
792 
SUPREME COURT REPORTS 
[2011] 6 S.C.R. 
A the appellant was entitled to a sum of Rs. 1,00,000/-
towards "permanent disability" in addition to the amount 
awarded under the head "loss of earning capacity"? 
B 
Partly allowing the appeals, the Court 
HELD: 1.1. It is true that the compensation for loss 
of earning power/capacity has to be determined based 
on various aspects including permanent injury/disability. 
At the same time, it cannot be construed that 
compensation cannot be granted for permanent disability 
C of any nature. It cannot be disputed that apart from the 
fact that the permanent disability affects the earning 
capacity of the person concerned, undoubtedly, one has 
to forego other personal comforts and even for normal 
avocation they have to depend on others. In the case on 
D hand, two doctors had explained the nature of injuries, 
treatment received and the disability suffered due to 
partial loss of eye-sight and amputation of middle finger 
in the right hand. At the time of accident, the claimant was 
working as a Foreman. Taking note of his nature of work, 
E the partial loss of the eye sight and the loss of middle 
finger of the right hand not only affects his earning 
capacity but also affects normal avocation and day-to-
day work. In such circumstances, the Tribunal was fully 
justified in granting a sum of Rs.1,50,000/- towards 
F permanent disability.[para 12] [798-D-H; 799-A] 
Ramesh Chandra vs. Randhir Singh & Ors. 1990 (3) 
SCR 1 = (1990) 3 sec 723 - relied on. 
1.2. Considering the evidence of injured-claimant as 
G PW-1 and two doctors as PWs. 2 and 3 coupled with the 
Disability Certificates and medical documents, the High 
Court was not justified in disallowing a sum of 
Rs.1,00,000/-
from the total compensation of 
Rs.5,05,053.45 awarded by the Tribunal. The Corporation 
H 
B. KOTHANDAPANI v. TAMIL NADU STATE TRANSPORT 793 
CORPORATION LTD. 
is liable to pay Rs. 5,05,053.45 with interest as awarded 
A 
by the Tribunal.[para 13] [799-B-C] 
... ' : 
Cho/an Roadways Corporation Ltd. vs. Ahmed Thambi 
and Others, 2006 (4) CTC 433 - cited. 
Case Law Reference: 
2006 (4) ere 433 
1990 ( 3 ) SCR 1 
cited 
relied on 
para 10 
para 11 
B 
CIVIL AP.PELLATE JURISDICTION : Civil Appeal Nos. 
C 
4330-4331 of 2011. 
From the Judgment & Order dated 13.12.2006 of the High 
Court of Judicature at Madras in C.M.A. No. 103 & 122 of 
2011. 
Vipin Nair, P.B. Suresh, Vivek Sharma (for Temple Law 
Firm) for the Appellant. 
T. Harish Kumar for the Respondent. 
The Judgment of the Court was delivered by 
P. SATHASIVAM, J. 1. Leave granted. · 
D 
E 
2. These appeals are directed against the judgment and 
final order dated 13.12.2006 passed by the High Court of F 
Judicature at·Madras in C.M.A. Nos. 103 and 122 of 2001 in 
and by which the High Court modified the award of the Tribunal, 
i.e., from Rs. 5,05,053.45/- to Rs.4,05,053.45/- as 
compensation payable to the appellant-claimant. 
3. Brief facts:
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