Madras High Court
The Managing Director vs Siva on 24 August, 2021
C.M.A.No.2502 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No. 2502 of 2021 and
C.M.P.No.14407 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Villupuram Division, 3/137, Salamedu,
Vazhathareddy Post,
Villupuram. ...Appellant
..Vs...
Siva . ..Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and decree dated 31.07.2019 made
in M.C.O.P.No. 16 of 2015 on the file of the Motor accident Claims
Tribunal, Additional Sub Judge, Vriddhachalam.
For Appellant : M/S.K.J. Sivakumar
Page No.1 of 8
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C.M.A.No.2502 of 2021
JUDGMENT
This Appeal has been filed by the Transport Corporation challenging
the Award dated 31.07.2019 passed by the Motor Accident Claims
Tribunal, Additional Sub Judge, Vriddhachalam in M.C.O.P.No. 16 of
2015, directing the Appellant/Transport Corporation to pay the Claimant a
sum of Rs.5,74,000/- as compensation for the injuries sustained in an
accident which occurred on 02.09.2014 involving the bus owned by the
Appellant/Transport Corporation.
2. Before the Tribunal, the Respondent/Claimant claimed a sum of Rs
8,00,000/- as compensation for the injuries sustained by him. In support of
his claim, the Respondent/claimant examined P.W.1 as witness and Exs. P1
to Exs. P10 were marked as exhibits before the Tribunal. On the side of the
Appellant, R.W.1 was examined as witness and no exhibits were marked.
3. On consideration of the oral and documentary evidence available
on record, the Tribunal has awarded a sum of Rs.5,74,000/- as
compensation to the Respondent/Claimant. Details of the compensation
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C.M.A.No.2502 of 2021
awarded by the Tribunal under the impugned Award, are as follows :
Amount awarded by
Heads
the Tribunal (Rs.)
Permanent disability 45,000.0
Loss of income 4,59,000
Pain and Sufferings 50,000.0
Medical charges 10,000.0
Tranportation charges 10,000.0
Total Rs.5,74,000/-
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 mere registration of an FIR is not enough for holding negligence on
their part. The tribunal ought not to have fixed the permanent disability as
15% to the claimant without any proof. Further, the Claims Tribunal ought
not to have adopted multiplier method without any oral and documentary
evidence and the monthly income of the claimant fixed by the Tribunal at
Rs. 15,000/- is on higher side. The compensation awarded towards other
heads are also on higher side and therefore the same needs to be reduced.
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C.M.A.No.2502 of 2021
6. Insofar as the first contention raised by the Appellant is
concerned, though R.W.1-driver of the alleged bus deposed that the
claimant in order to get compensation from the Transport Corporation has
wrongly roped the alleged bus into the accident, in the cross examination
he accepted that the alleged bus has been involved in the accident. 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 the Claimant. Therefore, this Court is of the considered view
that there is no basis for the Appellant to contend that mere registration of
an FIR against the Driver of the bus without corroboration by any other
independent witness.
7. Insofar as the fixation of 15% permanent disability is concerned,
the Claims Tribunal on considering the fact that the claimant has sustained
injury in the left leg, for which a surgery was made by inserting a plate and
screw coupled with the fact that he had also sustained injuries all over the
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C.M.A.No.2502 of 2021
body and by considering Ex.C1, the Tribunal has fixed 15% towards
permanent disability, which is not excessive.
8. Though no proof has been filed by the claimant with respect to his
income, the Claims Tribunal considering the fact that Claimant who is a
driver by profession and was working in the abroad, which is evident from
Exs.P8 to P10, has fixed a sum of Rs.15,000/- as monthly income of the
claimant, which is not excessive. Further, by considering the age of the
claimant and nature of injuries sustained by him, the Tribunal has rightly
adopted the multiplier method, while calculating loss of income.
8. Considering the age of the claimant, nature of injuries and
period of treatment sustained by the Respondent/Claimant, the quantum of
compensation awarded by the Tribunal to the Respondent/Claimant under
various heads, totalling a sum of Rs.5,74,000/-, 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.
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C.M.A.No.2502 of 2021
Consequently, connected miscellaneous petition is closed.
9. 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.16 of
2015 on the file of the Motor Accidents Claims Tribunal, Additional Sub
Judge, Vriddhachalam, within a period of eightweeks 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.
24.08.2021
Index : Yes / No
Speaking Order : Yes / No
(arr)/(shk)
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C.M.A.No.2502 of 2021
To:
1. The Motor accident Claims Tribunal,
Additional Sub Judge,
Vriddhachalam
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
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C.M.A.No.2502 of 2021
S.VAIDYANATHAN,J.
(arr)/(shk)
C.M.A. No.2502 of 2021
24.08.2021
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