The Managing Director vs N.Thangamani
2021 Latest Caselaw 9142 Mad

                                                       C.M.A. No.1348 of 2016

         IN THE HIGH COURT OF JUDICATURE AT MADRAS

                          DATED : 07.04.2021

                                  CORAM

      THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE

                        C.M.A. No.1348 of 2016
                                 and
                        CMP No.10420 of 2016
The Managing Director,
Tamil Nadu State Transport Corporation,
Salamedu,
Villupuram.                                ....   Appellant
                              versus
N.Thangamani                               ...    Respondent

      Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and decree dated 09.12.2015 made
in MCOP No.6 of 2013 on the file of the Motor accident Claims Tribunal,
The Principal Subordinate Judge, Tiruvannamalai.

      For Appellant           :      Mr.K.J.Shivakumar
      For Respondent          :      Not ready in notice

                              JUDGMENT

This appeal has been filed by the Transport Corporation challenging

the award passed by the Motor Accident Claims Tribunal, Principal

Subordinate Court, Tiruvannamalai. in MCOP No.6 of 2013, directing the

appellant Transport Corporation to pay the claimant a sum of Rs.2,18,000/-

C.M.A. No.1348 of 2016

as compensation for the injuries sustained by him, as a result of an accident

caused by a bus owned by the appellant / Transport Corporation.

2. The respondent / claimant sustained injuries as a result of an

accident on 13.12.2008 caused by a bus bearing Registration No. TN-32-N-

2485 owned by the appellant Transport Corporation. The respondent /

claimant has sustained three fractures on his left leg, right hand and he was

treated at Government Hospital, Chenglepet; JIPMER Hospital, Puducherry

and in a private hospital i.e. Abirami Hospital, Cuddalore and MIOT

Hospital in Chennai.

3. Before the Tribunal, the respondent / claimant has made a claim for

Rs.10,00,000/-. But however, the Tribunal has awarded only a sum of

Rs.2,18,000/- as compensation to the respondent / claimant. The details

of the compensation awarded by the Tribunal under the impugned award are

as follows :

                       Heads               Amount awarded
                                            by the Tribunal
                                                 (Rs.)
        Towards    disability   (35%   x             70,000/-
        2000)
        Towards pain and suffering                   25,000/-



                                                          C.M.A. No.1348 of 2016


                     Heads                 Amount awarded
                                            by the Tribunal
                                                 (Rs.)
        Towards Transportation                        20,000/-
        Towards medical expenses                      48,000/-
        Towards extra nourishment                     10,000/-
        Towards loss of earning power                 40,000/-
        treatment period
        Loss of Amenities                              5,000/-
       Total                                 2,18,000/-

4. Aggrieved by the award dated 09.12.2015 passed by the Sub

Court, Tiruvannamalai in M.C.O.P. No.6 of 2013, this appeal has been filed

by the Appellant / Insurance Company.

5. Heard Mr.J.Sivakumar, learned counsel for the appellant. Since,

this Court is going to confirm the award of the Tribunal, service of notice to

the respondent is not necessary.

6. This Court has perused and examined the impugned award.

7. Before the Tribunal, the respondent / claimant has filed the

following documents, which were marked as Ex.P1 to P29 and three

witnesses were examined on his side viz., the respondent / claimant himself

as PW1, an eyewitness to the accident as PW2 and the Doctor, who

examined him as PW3. On the side of the appellant, one witness was

C.M.A. No.1348 of 2016

examined, but no Exhibits were marked.

8. The appellant has challenged the impugned award on the ground

that mere registration of an FIR is not enough for holding negligence on

their part and the Tribunal has also erred in taking the permanent disability

of the respondent / claimant 35%, which according to them is on the higher

side.

9. Insofar as the first contention raised by the appellant is concerned,

the respondent/ claimant has proved his case by not alone filing an FIR,

which has been marked as Ex.P1 but has also adduced oral evidence

through an eyewitness to the accident viz., PW2. No contra evidence has

been produced by the appellant before the Tribunal to disprove the

contention of the respondent/ claimant that only due to the rash and

negligent driving by the driver of the bus owned by the appellant / Transport

Corporation, the accident had happened which resulted in injuries sustained

by him. Therefore, this Court is of the considered view that there is no basis

for the appellant to contend that mere registration of an FIR against the

Driver of the bus without corroboration by any other independent witness.

C.M.A. No.1348 of 2016

10. Insofar as the fixation of 35% disability on the respondent /

claimant is concerned, the same is supported by documentary evidence,

which has been marked as Exhibits before the Tribunal. Admittedly, the

respondent / claimant has sustained three fractures and he has filed the

discharge summary (Ex.P5) issued by Abirami Hospital, Cuddalore, and

Medical certificates issued by MIOT hospital, Chennai. The permanent

disability certificate, which would clearly reveal that fixing 35% disability on

the respondent / claimant is a just one. Considering the nature of injuries

sustained by the respondent /claimant, the quantum of compensation

awarded by the Tribunal to the respondent / claimant under various heads

totally amounting to Rs.2,18,000/- cannot be considered to be excessive, as

alleged by the appellant/ Transport Corporation.

11. For the foregoing reasons, this Court does not find any merit in

this appeal and accordingly, the Civil Miscellaneous Appeal shall stand

C.M.A. No.1348 of 2016

dismissed. No costs. Consequently, connected miscellaneous petition is

closed.

12. The Appellant / Transport Corporation is directed to deposit the

entire award amount awarded by the Tribunal together with interest at 7.5%

p.a. from the date of claim petition till the date of realization, less the

amount, if any, already deposited to the credit of M.C.O.P. No.6 of 2013 on

the file of the Motor Accidents Claims Tribunal, (Principal Subordinate

Court), Tiruvannamalai, within a period of four weeks from the date of

receipt of a copy of this Judgment. On such deposit being made, the

Tribunal is directed to transfer the award amount directly to the bank

account of the respondent / claimant through RTGS, within a period of two

weeks thereafter.

07.04.2021

vsi2 Index : Yes / No Internet : Yes / No Speaking / Non speaking

C.M.A. No.1348 of 2016

ABDUL QUDDHOSE, J.

vsi2

To :

1. The Motor Accident Claims Tribunal, The Principal Subordinate Judge, Tiruvannamalai.

2. The Section Officer, V.R. section, High Court, Madras - 104.

C.M.A. No.1348 of 2016

07.04.2021