C.M.A(MD)No.859 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 13.09.2022
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.M.A(MD)No.859 of 2022
and
C.M.P.(MD)No.8145 of 2022
The Managing Director,
Tamil Nadu State Transport Corporation,
Kumbakonam. : Appellant /Respondent
Vs.
Manoharan : Respondent
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the impugned award passed in
M.C.O.P.No.875 of 2019, dated 13.07.2020 on the file of the MACT
(Special Subordinate Judge's Court), Thanjavur.
For Appellant : Mr.P.M.Vishnuvarthanan
JUDGMENT
The Civil Miscellaneous Appeal is directed against the judgment and decree passed in M.C.O.P.No.875 of 2019, dated 13.07.2020 on the 1/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.859 of 2022 file of the Motor Accident Claims Triunal (Special Subordinate Judge's Court), Thanjavur.
2.The appellant/Transport Corporation, who was directed to pay compensation of Rs.1,43,940/- with interest at 7.5% per annum for disability suffered consequent to an accident occurred on 04.04.2019, challenged the liability mulcted on it and quantum of compensation awarded by the Tribunal.
3.The Tribunal, upon considering the evidence both oral and documentary, has awarded a sum of Rs.1,43,940/- as compensation with interest at 7.5% per annum.
4. The appellant/respondent had taken a stand that the claimant has travelled in the bus carelessly and only because of his negligence, the accident had taken place.
5.The trial Court by observing that the evidence of P.W.1 regarding rash and negligent driving of the bus driver remained unchallenged; that 2/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.859 of 2022 the appellant has not examined any witnesses to show that the respondent was responsible for the accident, has rightly decided that the accident was occurred only due to the rash and negligent driving of the bus driver.
6. The appellant has challenged the quantum of compensation mainly on the ground that the Tribunal adopted highest amount of Rs.8,000/- per month as the petitioner's income, but the Tribunal by observing that the claimant has not produced any documentary evidence to show that he was earning Rs.20,000/- per month by doing electrical works, taking note of the fact that a daily wager can earn not less than Rs.8,000/- per month, has fixed the monthly income at Rs.8,000/-.
7. It is pertinent to note that the Medical Officer, who had examined the claimant, has quantified the disability at 25.7% and the Tribunal by adopting multiplier formula has arrived at Rs.94,940/- towards loss of income due to the disability.
8. The Tribunal has also awarded Rs.15,000/- towards loss of amenities; Rs.8,000/- towards loss of income during treatment and 3/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.859 of 2022 Rs.6,000/- towards attendant charges; Rs.15,000/- towards pain and sufferings and Rs.5,000/- towards conveyance charges and special diet; all totalling Rs.1,43,940/-. Considering the nature of the injuries suffered, period of treatment and disability suffered, the amount awarded under various heads by the Tribunal are very much reasonable and the same are to be sustained. Consequently, this Court concludes that the Civil Miscellaneous Appeal is devoid of merits and the same is liable to be dismissed.
9.In the result, the Civil Miscellaneous Appeal is dismissed and the impugned award, dated 13.07.2020, made in M.C.O.P.No.875 of 2019, on the file of the MACT (Special Subordinate Judge's Court), Thanjavur, is confirmed. No costs. Consequently, connected Miscellaneous Petition is closed.
13.09.2022 Index : Yes : No Internet : Yes : No das 4/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.859 of 2022 To
1.The Motor Accident Claims Triunal, (Special Subordinate Judge's Court), Thanjavur.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis C.M.A(MD)No.859 of 2022 K.MURALI SHANKAR,J.
das C.M.A(MD)No.859 of 2022 and C.M.P.(MD)No.8145 of 2022 13.09.2022 6/6 https://www.mhc.tn.gov.in/judis