Madras High Court
Tamil Nadu State Transport ... vs M.Muneeswari : 1St on 6 August, 2021
C.M.A(MD)No.637 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.08.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.M.A(MD)Nos.637, 638, 639, 640, 641, 642, 643, 644, 645 of 2021
and
C.M.P.(MD)Nos.6131, 6132, 6136, 6180, 6181, 6182, 6184, 6191, 6192,
6193 of 2021
C.M.A.(MD)Nos.637 of 2021 :
Tamil Nadu State Transport Corporation Limited,
Represented by its Managing Director,
Ramanathapuram. : Appellant /1st Respondent
Vs.
1.M.Muneeswari : 1st Respondent/ Claimant
2.S.Devasahayam
3.Sriram General Insurance Company Limited,
Represented through its Manager,
E-8, RIICO Industrial Area, Sitapura,
Jaipur, Rajasthan- 302 022. : Respondents 2 & 3/Respondents 2 & 3
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988, to set aside the impugned award passed in M.C.O.P.No.
381 of 2015, dated 21.10.2019 on the file of the Motor Accident Claims
Tribunal/Ist Additional District Court, Thoothukudi.
(in all petitions)
For Appellant : Mr.Vishnuvarthanan
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C.M.A(MD)No.637 of 2021
COMMON JUDGMENT
These Civil Miscellaneous Appeals are directed against the common
award dated 21.10.2019 passed in M.C.O.P.Nos. 381, 382, 383, 385, 543,
544, 545, 546, 557 of 2015 on the file of the Motor Accident Claims
Tribunal/I Additional District Court, Tuticorin,
2.The appellant/Transport Corporation, who was made liable to pay
compensation of Rs.25,000/- with interest at 7.5% per annum to each of the
claimants, who suffered injuries in an accident occurred on 08.03.2015,
challenged the liability mulcted on it and the quantum of compensation
awarded by the Tribunal.
3. The case of the claimants is that while they were travelling in the
van bearing Registration No. TN 67 W 6619 owned by the second
respondent on 08.03.2015 at about 06.00 am, a Bus owned by the appellant
Corporation bearing Registration No. TN 72 N 1535, came from south to
north in Tuticorin – Tharuvaikulam Road nearby Thomaspuram, in a rash
and negligent manner and dashed against the van, as a result of which, a
lady travelled in the bus and the claimants travelled in the van had sustained
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C.M.A(MD)No.637 of 2021
injuries and that the accident was occurred only due to the rash and
negligent driving of the bus driver.
4.It is not in dispute that a lady passenger Mahalakshmi, who
travelled in the bus along with her husband had sustained serious injuries
and subsequently succumbed to the injuries. The legal heirs of the deceased
Mahalakshmi have laid a claim petition in M.C.O.P.No.380 of 2015. It is
evident that the other injured persons, who were travelling in the van have
filed the claim petitions in M.C.O.P.Nos. 381, 382, 383, 385, 543, 544, 545,
546, 557 of 2015. Since all the claim petitions relate to the accident
occurred on 08.03.2015, the Tribunal has conducted joint enquiry by
recording the evidence in MCOP.No.380 of 2015 and the Tribunal on
perusing the evidence adduced and on hearing the arguments of both sides,
has passed the impugned common award holding that the accident was
occurred only due to the rash and negligent driving of the bus driver,
directed the Transport Corporation to pay compensation to the claimants.
Aggrieved by the said award, the Transport Corporation has preferred the
above appeals and the appeal in CMA.N0.636 of 2021. After hearing the
learned counsel for the appellant, this Court has admitted the appeal in
CMA.(MD)No.636 of 2021 and ordered issuance of notice to the
respondents therein.
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C.M.A(MD)No.637 of 2021
5.Though the appellant in the memorandum of the appeal has
challenged the finding of the Tribunal with respect to the negligence aspect,
the same was not pressed into service before this Court. The learned counsel
for the appellant would submit that they have only challenged the quantum
of compensation awarded by the Tribunal.
6.As already pointed out, the Tribunal has awarded compensation of
Rs.25,000/- each to the injured claimants and the same are now under
challenge.
7. It is evident from the records that all the injured claimants of the
nine cases along with the first petitioner/husband of the deceased
Mahalakshmi (CMA.(MD)No.636 of 2021) have given evidence before the
Tribunal. The claimants of the above nine cases have produced the medical
records to show that they have suffered injuries and that they have taken
treatment. It is further evident from the records that the claimants in
MCOP.No.544 and 545 of 2015 have produced the accident register extract
issued by the Saint Heart American Hospital, Tuticorin and other claimants
have produced the Accident Register/Discharge Certificate issued by the
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C.M.A(MD)No.637 of 2021
Government Hospitals. P.W.2 to P.W.10, the claimants have given evidence
before the Tribunal reiterating the petitions' contentions that they have
suffered injuries and that they have taken treatment.
8.Considering the nature of injuries and consequent treatment taken,
pain and sufferings of the claimants, the Tribunal has awarded a lump sum
amount of Rs.25,000/- along with interest at 7.5% per annum to the each of
the injured claimants and as such, the amount awarded by the Tribunal
cannot said to be excessive.
9.The appellant has not advanced or canvassed any other ground to
impugn the award. Hence, this Court decides that the appeals are devoid of
merits and as such, this Court is not inclined to admit the appeals.
10.In the result, these Civil Miscellaneous Appeals are dismissed. No
costs. Consequently, connected Miscellaneous Petitions are closed.
06.08.2021
Index : Yes : No
Internet : Yes : No
das
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C.M.A(MD)No.637 of 2021
K.MURALI SHANKAR,J.
das
To
1.The Motor Accident Claims Tribunal/
Ist Additional District Court, Thoothukudi.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
C.M.A(MD)Nos.637, 638, 639, 640, 641,
642, 643, 644, 645 of 2021 and
C.M.P.(MD)Nos.6131, 6132, 6136, 6180,
6181, 6182, 6184, 6191, 6192, 6193 of 2021
06.08.2021
https://www.mhc.tn.gov.in/judis/
