Madras High Court
The Managing Director vs Sarath @ Sarathkumar on 18 August, 2021
C.M.A.NO. 2299 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No. 2299 of 2021 and
C.M.P.No.12758 of 2021
The Managing Director,
APSTC, Musirabad,
Hyderbad, A.P.State ...Appellant
Vs.
Sarath @ Sarathkumar ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and Decree dated 19.08.2019 made
in M.C.O.P.No.574 of 2018 on the file of the Motor Accident Claims
Tribunal, Special District Judge, MACT, Krishnagiri.
For Appellant : Mr.G.V. Shoba
*****
JUDGMENT
This Appeal has been filed by the Transport Corporation challenging
the Award dated 19.08.2019 passed by the Motor Accident Claims Tribunal,
http://www.judis.nic.in
C.M.A.NO. 2299 of 2021
Special District Judge, MACT, Krishnagiri in M.C.O.P.No.574 of 2018,
directing the Appellant/Transport Corporation to pay the Claimant a sum of
Rs.2,58,500/- as compensation for the injuries sustained in an accident which
occurred on 11.01.2016 involving the bus owned by the Appellant/Transport
Corporation.
2. Before the Tribunal, the Respondent/Claimant claimed a sum of Rs
9,00,000/- as compensation for the injuries sustained by him. On the side of
the Respondent/Claimant, P.W.1 was examined as witness and Exs.P1 to P7
were marked before the Tribunal. On the side of the Apellant/Transport
Corporation, R.W.1 was examined as witness and no exhibit was marked.
3.On consideration of oral and documentary evidence available on
record, the Tribunal has awarded a sum of Rs.2,58,500/- as compensation to
the Respondent/Claimant. Details of the compensation awarded by the
Tribunal under the impugned Award, are as follows :
http://www.judis.nic.in
C.M.A.NO. 2299 of 2021
Amount awarded by
Heads
the Tribunal (Rs.)
Disability 1,35,000.0
For transport charges 10,000.00
For nutrition and attender Charges 15,000.00
For pain and Sufferings 36,000.00
Under the head Social amenities 36,000.00
Loss of income during treatement 25,000.00
period (3x8,500=22,500)
For damages to cloth and articles 1,000.000
Total 2,58,500.0
4. Heard the learned counsel for the parties and perused the material
documents available on record.
5. The Appellant has challenged the impugned award on the ground
that the Tribunal without considering the evidence of R.W.1, based only on
the evidence of P.W.1 and Ex.P1-F.I.R. has wrongly come to the conclusion
that the driver of the bus was responsible for accident. Further, the Tribunal
ought not to have fixed the notional income of the Claimant at Rs.8,500/-
without any valid proof and the compensation awarded towards the other
heads are also on the higher side and the same needs to be reduced.
http://www.judis.nic.in
C.M.A.NO. 2299 of 2021
6. Insofar as the first contention raised by the Appellant is concerned,
the Respondent/Claimant has proved his case by filing an FIR, which has
been marked as Ex.P1 and 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. The Tribunal by
considering the Judgment of this Court in the case of Muthu Vs. Managing
Diretor, reported in, TNSTC 2014 (1) TNMAC 156 and the Judgment of the
Hon'ble Supreme Court in the case of Meera Devi and others Vs. HRTC
reported in, 2014 (1) TNMAC 456 (SC), righly fixed the negligence on the
driver of the Appellant/Transport Corporation which cannot be interfered
with.
7. Insofar as the fixation of disability is concerned, it was stated that
the Claimant who is self employed at the time of accident was earning a sum
of Rs.15,000/- per month. Since,there was no proof with respect to the
http://www.judis.nic.in
C.M.A.NO. 2299 of 2021
income of the Claimant, considering the year of accident, the Claims Tribunal
has fixed a sum of Rs.8,500/- per month as notional income of the Claimant
which is very meager and awarded compensation towards Loss of Income
during treatment period at Rs.25,500/- which is reasonable.
8. Considering Ex.C1- Disability Certificate issued by P.E.S. Medical
College and Hospital, the Tribunal has fixed disability @ 45% and by fixing
a sum of Rs.3000/- per percentage of disability a sum of Rs.1,35,000/- is
awarded towards disability which is not excessive.
9. Considering the nature of injuries, period of treatment undergone by
the Claimant, the quantum of compensation awarded by the Tribunal to the
Respondent/Claimant under various heads, totalling a sum of Rs.2,58,500/-,
cannot be considered to be excessive, as alleged by the Appellant/ Transport
Corporation. For the foregoing reasons, this Court does not find any merit in
this Appeal and accordingly, the Civil Miscellaneous Appeal stands
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
http://www.judis.nic.in
C.M.A.NO. 2299 of 2021
10. The Appellant/Transport Corporation is directed to deposit the
entire amount awarded by the Tribunal together with interest at 7.5% per
annum from the date of the Claim Petition till the date of realization, less the
amount, if any, already deposited to the credit of M.C.O.P.No.574 of 2018 on
the file of the Motor Accidents Claims Tribunal, Special District Judge,
MACT, Krishnagiri, within a period of four months 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.
18.08.2021
Index : Yes / No
Speaking Order : Yes / No
(arr)/(shk)
http://www.judis.nic.in
C.M.A.NO. 2299 of 2021
To:
1. The Motor accident Claims Tribunal,
Special District Judge,
MACT,
Krishnagiri,
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
http://www.judis.nic.in
C.M.A.NO. 2299 of 2021
S.VAIDYANATHAN,J.
(arr)/(shk)
C.M.A. 2299 No. of 2021
18.08.2021
http://www.judis.nic.in
