The Managing Director vs Sukumaran
2021 Latest Caselaw 9365 Mad

                                                                           C.M.A(MD) No.200 of 2011


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 09.04.2021

                                                    CORAM

                         THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM

                                           C.M.A(MD) No.200 of 2011
                                                    and
                                             M.P(MD)No.1 of 2011


                     The Managing Director,
                     Tamilnadu State Transport Corporation,
                     Ponnamaravathi Branch,
                     Thirumayam Taluk,
                     Pudhukottai.                        .. Appellant/Respondent

                                                    vs.

                     Sukumaran                            ..Respondent/Petitioner

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
                     Vehicles Act 1988, to set aside the judgment and decree passed in
                     M.C.O.P.No.132 of 2009, dated 09.07.2010 on the file of the Motor
                     Accident Claims Tribunal (Additional District Judge, Fast Track Court),
                     Pudhukottai and allow the appeal.


                                   For Appellant    : Mr.S.C.Herod Singh
                                   For Respondent   : No appearance




                     1/6

https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A(MD) No.200 of 2011




                                                   JUDGMENT

This is a case of injury. It is alleged that on 31.10.2005 the

claimant was travelling as a pillion rider in TVS-50 bearing Registration

No.TN-55-1487 and the vehicle was driven by one Velladurai at about

6.45 p.m., when they were near Meikinipatti, a bus owned by the

appellant bearing Registration No.TN-55-N-0270 came in a high speed

and hit against the two-wheeler. In the accident, he sustained fracture in

his right leg and he was treated at Pudukottai Government Hospital from

02.11.2005 to 23.11.2005. It is further stated that on 10.11.2005 a

surgery was conducted on him. \

2. It was the case of the appellant before the Tribunal that on

31.10.2005 the bus bearing Registration No.TN-55-N-0270 was driven

by its driver from Pudukottai to Ponnamaravathi, when they were near

Meikinipatti turning, a TVS-50 came in a rash and negligent manner and

hit against the bus, in which, the claimant sustained injury and hence, no

liability can be fastened on the Transport Corporation and prayed for

dismissal of the claim petition.

https://www.mhc.tn.gov.in/judis/ C.M.A(MD) No.200 of 2011

3. Before the Tribunal, the claimant was examined as P.W.1 and

one Dr.Ravikumar was examined as P.W.2. He has spoken about the

manner of accident in his evidence and also documentary evidence was

produced to show that the criminal case was registered against the driver

of the bus.

4. The Tribunal, after considering the oral and documentary

evidence of the claimant, discard the evidence adduced by the Transport

Corporation and held that the driver of the bus was responsible for the

accident.

5. The claimant stated that he was 42 years old at the time of

accident, an agricultural coolie and earning Rs.5,000/- p.m. Ex.P2 is the

wound certificate. P.W.2 deposed that he examined the claimant on

19.09.2019 and issued a disability certificate Ex.P.5. Disability was

assessed at 30%. The Tribunal by applying Rs.1500/- per percentage of

disability, awarded a sum of Rs.45,000/- towards loss of earning power.

Rs.5,000/- for pain and suffering. Totally, the Tribunal awarded a sum of

Rs.50,000/- as compensation together with interest at the rate of 7.5% per

annum.

https://www.mhc.tn.gov.in/judis/ C.M.A(MD) No.200 of 2011

6. In my considered view, the Tribunal, on proper appreciation of

the evidence, has passed an award and it appears to be a reasonable one.

Considering the quantum of compensation awarded by the Tribunal and

the facts and circumstances of the case, this Court is not inclined to

interfere with the findings of the Tribunal.

7. In that view, the Civil Miscellaneous Appeal fails and the same

is dismissed. The appellant-Transport Corporation is directed to deposit

the entire award amount with accrued interest and costs as directed by the

Tribunal, less the amount already deposited, if any, within a period of

eight weeks from the date of receipt of a copy of this order. On such

deposit being made, the respondent/claimant is permitted to withdraw the

award amount by making necessary application before the Tribunal. No

costs. Consequently, connected miscellaneous petition is closed.

                     Index:Yes/No
                     Internet:Yes/No                                          09.04.2021
                     am

https://www.mhc.tn.gov.in/judis/ C.M.A(MD) No.200 of 2011

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1.The Motor Accident Claims Tribunal (Additional District Judge, Fast Track Court), Pudhukottai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis/ C.M.A(MD) No.200 of 2011

K.KALYANASUNDARAM,J.

am

JUDGMENT MADE IN

C.M.A(MD) No.200 of 2011

09.04.2021

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