Madras High Court
The Managing Director vs A. Sundaramoorthy on 18 August, 2021
CMA No.3510 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.08.2021
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANAHAN
CMA No.3510 of 2019 and
CMP No.20566 of 2019
The Managing Director,
Tamilnadu State Transport,
Corp Kumbakonam Division-I Ltd.,
Railway Station New Road,
Kumbakonam 612 001. ... Appellant
Vs.
A. Sundaramoorthy ... Respondent
Prayer: Civil Miscellaneous Petitions filed under Section 173 of the
Motor Vehicles Act against the decree and judgment dated 02.11.2018
passed in M.C.O.P.No.3186 of 2013 by the Principal Subordinate Judge,
Motor Accident Claims Tribunal, Cuddalore.
For Appellant : Mr.D.Venkatachalam
For Respondent : Mrs.Ramya V. Rao
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CMA No.3510 of 2019
ORDER
Aggrieved over the order passed by the Tribunal, the
Tamilnadu State Transport Corporation has filed the present Appeal to
reduce the compensation awarded by the Tribunal.
2. The respondent/claimant has filed a claim petition
seeking compensation of a sum of Rs.25,00,000/- for the injuries
sustained by him in a road accident that occurred on 09.08.2013.
3. Brief case of the claimant is as follows:
On 09.08.2013 at 11..45 a.m., when the claimant was riding
his motorcycle bearing registration No.TN-51-AX-0069 and while
nearing Annakovil Arch, a speedy bus bearing registration No.TN68-N-
0437 belonging to the Appellant Transport Corporation hit the
motorcycle, thereby, he was thrown out of his motorcycle and sustained
grievous injuries and fractures all over his body. Immediately he was
admitted to Government Hospital, Sirkali and then transferred to Sugam
Multi Specialty Hospital, Kumbakonam for advanced treatment.
According to the claimant, the rash and negligent driving of the driver of
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CMA No.3510 of 2019
the bus was the cause of accident and hence, the Appellant Transport
Corporation is liable to pay compensation to the claimant.
4. Before the Tribunal, on the side of the claimant, the
claimant was examined as PW1 and Exs.P1 to P6 were marked. On the
side of the respondent, no oral evidence was let in and no documentary
evidence was marked. The Disability Certificate of the Claimant was
marked as Ex.C1.
5. After analysing the evidence on record, the Tribunal
arrived at a sum of Rs.4,69,800/- as compensation and after deducting
contributory negligence at 10%, it has awarded, a sum of Rs.4,22,820/-
as compensation to the claimant and directed the Transport Corporation
to pay the same to the claimant. Details of compensation awarded by the
Tribunal are extracted hereunder.
Sl Heads Amount in
No Rs.
1 Permanent disability (6000 x 2,44,800/-
12x 20% x 17 = 2,44,800)
2 Pain and suffering 50,000/-
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CMA No.3510 of 2019
Sl Heads Amount in
No Rs.
3 Loss of life and amenities 50,000/-
4 Attender charges 5,000/-
5 Transportation charges 5,000/-
6 Loss of income 60,000/-
7 Future medical expenses 25,000/-
8 Extra nourishment 5,000/-
9 Damages to clothes 1,000/-
10 Medical bills 24,000/-
11 Total 4,69,800/-
After deducting contributory 4,22,820/-
negligence at 10% (46,980)
6. The learned counsel appearing for the appellant/
Transport Corporation submitted that the entire negligence was only on
the part of the claimant, who drove the motorcycle in a rash and
negligent manner, which resulted in a head on collision. However, the
Tribunal has fixed only 10% contributory negligence on the claimant.
He contended that the compensation awarded under the other heads is
also too high and that and without any basis, the Tribunal has awarded a
sum of Rs.25,000/- towards “ Future medical bills”. Hence, the learned
counsel prayed to scale down the compensation awarded by the Tribunal.
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CMA No.3510 of 2019
7. It is not a dispute that the accident occurred on
09.08.2015 and that the claimant sustained grievous injuries all over his
body. The contention of the claimant is that, a surgery was done in his
right hand and that, he has permanent disability. However, the
Appellant/ Transport Corporation has raised a ground that, it is only due
to the rash and negligent driving of the claimant, the accident was
occurred and hence, the appellant is not liable to pay compensation to
the claimant for his own negligence.
8. The Tribunal has fixed 10% contributory negligence on
the part of the claimant. Since this is a case of head on collision, the
contributory negligence on the part of the claimant has to be taken into
account and accordingly, the contributory negligence on the part of the
claimant fixed by the Tribunal at 10% is re-fixed at 20%. Further, the
Tribunal has awarded a sum of Rs.25,000/- towards future medical
expenses. Considering the facts of the case, the same is reduced to
Rs.15,000/-. As far as the other heads are concerned, the Tribunal has
awarded a just and reasonable compensation and the same does not
warrant any interference by this court. Accordingly, the compensation
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CMA No.3510 of 2019
awarded by the Tribunal is modified as detailed below:
Sl. Heads Compensation Revised
No Awarded by the Compensation
Tribunal Awarded by this
court
1 Permanent Disability 2,44,800/- 2,44,800/-
2 Pain and suffering 50,000/- 50,000/-
3 Loss of life and amenities 50,000/- 50,000/-
4 Attender charges 5,000/- 5,000/-
5 Transportation charges 5,000/- 5,000/-
6 Loss of income 60,000/- 60,000/-
7 Future medical expenses 25,000/- 15,000/-
8 Extra nourishment 5,000/- 5,000/-
9 Damages to clothes 1,000/- 1,000/-
10 Medical bills 24,000/- 24,000/-
Total 4,69,800/- 4,59,800/-
After deducting 4,22,820/- 3,67,840/-
contributory negligence
9. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed and
the award passed by the Tribunal is scaled down from Rs.4,22,820/- to
Rs.3,67,840/- No costs. Consequently, connected civil miscellaneous
petition is closed.
(ii) The appellant is directed to deposit the revised
compensation of Rs.3,67,840/- with interest at the rate of 7.5.% p.a. from
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CMA No.3510 of 2019
the date of claim petition till the date of deposit, less the amount if
already deposited, within a period of two months from the date of receipt
of a copy of this order.
(iii) On such deposit being made by the Appellant Transport
Corporation, the claimant is entitled to withdraw the same, after
following due process of law.
18.08.2021
Index : Yes/No
Internet: Yes/No
Speaking order/Non Speaking order
mst
To
The Principal Subordinate Judge,
Motor Accident Claims Tribunal,
Cuddalore.
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CMA No.3510 of 2019
S.VAIDYANAHAN, J
mst
CMA No.3510 of 2019 and
CMP No.20566 of 2019
18.08.2021
https://www.mhc.tn.gov.in/judis/
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