The Managing Director vs Chitrarasu
2021 Latest Caselaw 10211 Mad

                                                                                C.M.A.No.414 of 2014


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 21.04.2021

                                                         CORAM

                                   THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                C.M.A.No.414 of 2014
                                                and M.P.No.1 of 2014

                    The Managing Director,
                    Tamil Nadu State Transport
                    Corporation Limited, Villupuram
                    Division II Ltd.,
                    Rangapuram, Vellore.                                         ... Appellant
                                                          -vs-

                    Chitrarasu                                                  ... Respondent


                    PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the

                    Motor Vehicles Act, against the Judgment and Decree passed by the Motor

                    Accidents Claims Tribunal, Chief Judicial Magistrate Court, Vellore Made

                    in M.C.O.P.No.362 of 2012 dated 10.10.2013.



                                         For Appellant     : Mr.C.S.K.Sathish

                                         For Respondent    : Mr.M.Sivakumar

                                                     *********



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https://www.mhc.tn.gov.in/judis/
                                                                                    C.M.A.No.414 of 2014


                                                    JUDGMENT

This Civil Miscellaneous Appeal has been filed against the Judgment

and Decree passed by the Motor Accidents Claims Tribunal, Chief Judicial

Magistrate Court, Vellore Made in M.C.O.P.No.362 of 2012 dated

10.10.2013.

2. For the sake of convenience, the parties are referred to hereunder

according to their litigative status before the Tribunal.

3. The case of the claimant is that on 26.05.2012, when the claimant

was travelled in the bus owned by the respondent, the driver of the

respondent's bus drove the bus in a rash and negligent manner and dashed

against the bus which was stopped in the bus stop. Due to which, the

claimant sustained injuries in his face and therefore, his teeth was broken

and sustained injuries all over his body. Immediately, he was taken to

Nalam Hospital at Vellore. His disability was assessed at 35%. Hence, the

claim petition.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.414 of 2014

4. Resisting the same, the respondent filed the counter stating that

only because the bus was parked on the road, the accident took place and

the respondent is not liable to pay any compensation for the injuries

sustained by the claimant.

5. On the side of the claimant, P.W.1 and P.W.2 were examined and

Exs.P1 to P5 were marked. On the side of the respondent, no one was

examined and no exhibits were marked. On perusal of the evidence

available on records and also considering the submission made by the

learned counsel appearing on either side, the Tribunal found that a sum of

Rs.1,25,082/- (Rupees One Lakh Twenty Five Thousand and Eighty Two

only) as compensation payable by the respondent. Aggrieved by the same,

the appellant filed the present Civil Miscellaneous Appeal.

6. The learned counsel appearing for the respondent raised the

ground that the claimant sustained injuries on his face. Whereas, the Doctor

assessed the disability at 35% is permanent disability. It is only a partial

disability and due to the said disability, no loss caused to the claimant.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.414 of 2014

7. Heard Mr.C.S.K.Sathish, learned counsel appearing for the

appellant and Mr.M.Sivakumar, learned counsel appearing for the

respondent.

8. On 26.05.2012, the claimant was travelled in the bus belongs to the

respondent. The driver of the bus was driving the bus in a rash and

negligent manner and dashed against the bus which was stopped in the bus

stop. Therefore, the claimant sustained injuries on his face and also his two

teeth were broken and injuries all over his entire body. Hence, he was taken

to Nalam Hospital, Vellore to undergone surgery.

9. The Doctor, who was examined as P.W.2, deposed that the

claimant received disability certificate and the same was marked as Ex.P5, it

revealed that Jaw Malunion of Fracture of Mandible with a step Deformity

causing Defective Alignment of teeth. Due to the said injury, the claimant

cannot bite and chew hard eatables and Non-vegetarian foods. Therefore,

P.W.2 has rightly assessed 35% disability. Even though the Tribunal had

taken into account only 30% of disability and awarded proper

https://www.mhc.tn.gov.in/judis/ C.M.A.No.414 of 2014

compensation, this Court finds no infirmity or irregularity in the order

passed by the Court below.

10. In the result, this Civil Miscellaneous Appeal is dismissed. There

shall be no order as to costs. Consequently, connected miscellaneous

petition is closed.

                                                                                         21.04.2021
                    Speaking/Non-speaking order
                    Index     : Yes/No
                    Internet : Yes/No
                    rna



                    To

1.The Chief Judicial Magistrate Court, Motor Accidents Claims Tribunal, Vellore.

2.The Section Officer, V.R.Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.414 of 2014

G.K.ILANTHIRAIYAN, J.

rna

C.M.A.No.414 of 2014 and M.P.No.1 of 2014

21.04.2021

https://www.mhc.tn.gov.in/judis/