Madras High Court
A.Balu vs The Managing Director on 5 August, 2021
C.M.A.(MD)No.909 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 05.08.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
C.M.A.(MD)No.909 of 2013
A.Balu ..Appellant
Vs.
The Managing Director,
Tamil Nadu State Transport
Corporation (Madurai Division) Ltd.,
Bye Pass Road,
Madurai. .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Accident Vehicles Act, to set aside so far as the quantum of award concerned and
enhance the award amount from Rs.1,80,000/- to just more than of just and fair
compensation in the above M.C.O.P.No.528 of 2005 dated 26.07.2010 on the file of
the learned Additional District Judge (Fast Track Court NO.3), Madurai.
For Appellant : Mr.N.Sudhgar Nagaraj
For Respondent : Mr.P.Prabhakaran
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the order passed in
M.C.O.P.No.528 of 2005 dated 26.07.2010, on the file of the learned Additional
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C.M.A.(MD)No.909 of 2013
District Judge (Fast Track Court No.3), Madurai.
2.The appellant herein is the claimant and the respondent herein is the
respondent in the claim petition. The respondent herein has filed a claim petition in
M.C.O.P.No.528 of 2005, claiming compensation for the injuries sustained by the
claimant, in an accident that took place on 03.09.2004. The Tribunal has awarded a
sum of Rs.1,80,000/- (Rupees One Lakh and Eighty Thousand only) as
compensation. Against which, the appellant has preferred this appeal.
3.A brief substance of the claim petition in M.C.O.P.No.528 of 2005 is as
follows:
On 03.09.2004, at about 19.50 hours, the claimant was travelling as a
passenger in respondent bus bearing registration No.TN-58-N-0297 from Madurai to
Palamedu. When the bus was nearing Mappillai Vinayakar Theathre, the driver of
the bus drove the bus in a rash and negligent manner and applied sudden brake. Due
to which, the claimant fell down from the bus and sustained injuries. The claimant
claimed a sum of Rs.4,00,000/- (Rupees Four Lakhs only) as compensation.
4.A brief substance of the counter filed by the respondent therein is as
follows:
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C.M.A.(MD)No.909 of 2013
The manner of the accident is denied. The injuries, treatment, disability are
denied. The age, avocation and income of the claimant has to be proved. The driver
of the bus drove the vehicle in a moderate speed observing all road rules and stopped
the vehicle at Kalavasal traffic signal. After getting the signal, the bus was started in
a slow manner. At that time, the claimant attempted to board the bus. He fell down
and sustained injuries. The complaint was lodged only after a lapse of two months
and the respondent is not liable to pay compensation.
5.On the side of the petitioner therein, three witnesses were examined and
11 documents were marked. On the side of the respondent therein, one witness was
examined and no document was marked. After trial, the Tribunal has awarded a sum
of Rs.1,80,000/- (Rupees One Lakh Eighty Thousand only) as compensation to be
paid by the respondent herein. Against which, the appellant has preferred this Civil
Miscellaneous Appeal for enhancement of compensation.
6.On the side of the appellant, it is stated that the Tribunal failed to award
compensation for the loss of amenities. The compensation awarded for pain and
suffering and for medical expenses is very low. The doctor has certificated the
disability as 50% but the Tribunal has fixed the disability as 30%. Fixing
compensation at the rate of Rs.1,500/- per percentage disability is not correct.
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C.M.A.(MD)No.909 of 2013
7.On the side of the respondent, it is stated that the compensation already
awarded is excessive and prayed the appeal to be dismissed.
8.The doctor has fixed the disability as 50%. The Tribunal fixed the
disability at 30%. The appellant has undergone treatment as 'inpatient' in the
Government hospital for four days and then he was shifted to private hospital and he
took treatment till 24.09.2004 and then he continued treatment in another private
hospital till 08.12.2004. The discharge summary issued by the private hospital was
marked as Ex.P5 and Ex.P8. P.W.3 doctor has deposed and the disability certificate
was marked as Ex.P10. X ray was marked as Ex.P11.
9.Considering the evidence of P.W.3 and considering Ex.P10, the
disability is fixed as 50%. The accident took place in the year 2004 and hence, a sum
of Rs.2,000/- (Rupees Two Thousand only) was fixed for each percentage of the
disability. The appellant is entitled to a sum of Rs.1,00,000/- (Rupees One Lakh
only) towards compensation for the disability sustained by him. The Tribunal
awarded a sum of Rs.90,000/- (Rupees Ninety Thousand only) towards medical
expenses. From Ex.P6, Ex.P7 and Ex.P9, it is decided that the appellant is entitled
for a sum of Rs.90,000/- (Rupees Ninety Thousand only) towards medical expenses.
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C.M.A.(MD)No.909 of 2013
The amount fixed by the Tribunal towards medical expenses is reasonable. The
Tribunal has awarded a sum of Rs.10,000/- (Rupees Ten Thousand only) for
transport expenses extra nourishment and for attender charges. The amount fixed by
the Tribunal is reasonable. The Tribunal has awarded a sum of Rs.30,000/- (Rupees
Thirty Thousand only) towards future medical expenses and the same is reasonable.
Hence, it is decided that the appellant is entitled to a sum of Rs.2,30,000/- (Rupees
Two Lakhs and Thirty Thousand only) as total compensation.
10.On the side of the respondent, it is stated that the rate of interest fixed
by the Tribunal is excessive and that the rate of interest is to be fixed as 7.5%. This
contention raised by the respondent is reasonable.
11.In the result, this Civil Miscellenaous Appeal is partly allowed. The
appellant is entitled to a sum of Rs.2,30,000/- (Rupees Two Lakhs Thirty Thousand
only) as compensation with interest at the rate of 7.5% from the date of the claim
petition till the date of realization.
12.The respondent is directed to deposit Rs.2,30,000/- (Rupees Two Lakhs
Thirty Thousand only) with 7.5% interest from date of the claim petition till the date
of realization and the amount if not deposited earlier, has to be deposited within a
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C.M.A.(MD)No.909 of 2013
period of 8 weeks from the date of receipt of copy of this order. On such deposit, the
appellant is permitted to withdraw the award amount with proportionate interest after
deducting any amount received by him earlier. Excess amount, if any deposited shall
be refunded to the respondent. The appellant is not entitled for interest for the default
period, if there is any. No Costs.
05.08.2021
Index : Yes/No
Internet : Yes/No
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.
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C.M.A.(MD)No.909 of 2013
To
1.The Additional District Judge (Fast Track Court No.3),
Madurai.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.909 of 2013
R. THARANI, J.
MRN
C.M.A.(MD)No.909 of 2013
05.08.2021
https://www.mhc.tn.gov.in/judis/
