Madras High Court
The Managing Director vs P. Stephen Raj on 26 August, 2021
C.M.A.No.2509 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No. 2509 of 2021 and
C.M.P.Nos. 14418 of 2021
The Managing Director,
Metropolitan Transport Corporation Ltd.,
Pallavan Salai,
Chennai - 2 ...Appellant
vs.
P. Stephen Raj ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and Decree dated 07.09.2018
made in M.C.O.P.No. 5513 of 2015 on the file of the Motor accident
Claims Tribunal, (Special Sub Judge No.1 to deal with MCOP Cases)
Chennai.
For Appellant: Mr.S. Sivakumar
Page No.1 of 9
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C.M.A.No.2509 of 2021
JUDGMENT
This Appeal has been filed by the Metropolitan Transport Corporation
challenging the Award dated 07.09.2018 passed by the Motor Accident
Claims Tribunal, (Special Sub Judge No.1 to deal with MCOP Cases)
Chennai, in M.C.O.P.No. 5513 of 2015, directing the Appellant/Transport
Corporation to pay the Claimant a sum of Rs.91,400/- as compensation for
the injuries sustained in an accident which occurred on 08.06.2015
involving the bus owned by the Appellant/Transport Corporation.
2. Before the Tribunal, the Respondent/Claimant claimed a sum of
Rs.10,00,000/- as compensation for the injuries sustained by him. On the
side of the Respondent/Claimant, P.W.1 & P.W.2 were examined as
witnesses and Exs.P1 to P13 were marked before the Tribunal. On the side
of the Appellant/Transport Corporation, R.W.1 was examined as witness
and no exhibit was marked.
3.On consideration of the oral and documentary evidence available on
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C.M.A.No.2509 of 2021
record, the Tribunal has awarded a sum of Rs.91,400/- as compensation to
the Respondent/Claimant. Details of the compensation awarded by the
Tribunal under the impugned Award, are as follows :
Amount awarded by
Heads
the Tribunal (Rs.)
Disability 30,000
Pain and sufferings 20,000
Transportation 5,000.0
Medical expenses 1,385.0
Extra Nourishment 10,000
Attender charges 1,000.0
Loss of earnings 14,000
Loss of future prospects 10,000
Total Rs.91,385/-
Rounded off Rs.91,400/-
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 Tribunal erred in holding negligence on their part, by discarding the
evidence of R.W.1. He further submitted that since the Claimant was under
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C.M.A.No.2509 of 2021
the influence of alcohol at the time of accident, the Tribunal ought to have
fixed 50% negligence on the side of the Respondent. He further submitted
that the overall compensation awarded by the Tribunal is excessive and the
same needs to be reduced.
6. Insofar as the first contention raised by the Appellant is concerned,
the Respondent/Claimant has proved his case by not alone filing an FIR,
which has been marked as Ex.P1 but has also adduced oral evidence
through an eyewitness to the accident viz., one Mr.P.Paulraj 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. Further, there is no evidence to prove the contention that the
Respondent/Claimant was under the influence of alcohol at the time of
accident. Therefore, this Court is of the considered view that the Claims
Tribunal has rightly fixed negligence on the part of the driver of the
Transport Corporation.
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C.M.A.No.2509 of 2021
7. Insofar as the compensation awarded to the Respondent/ Claimant
towards Disability is concerned, the same is supported by documentary
evidence, which has been marked as Ex.P12-disability certificate. Though
P.W.2 deposed that the Claimant has sustained grievous injury in the said
accident and assessed the partial-permanent Disability @25%, in his cross
examination, he was admitted that he has not given treatment to the
Claimant. Therefore the Tribunal has fixed disability of the Claimant is
fixed @10% and the compensation towards Disability is arrived at
Rs.30,000/-(Rs.3000 x 10%) which is just a one.
8. Insofar as the income of the Claimant is concerned, P.W.1-
Claimant deposed that he was a Labour (coolie) by profession and was
earning a sum of Rs.15,000/- per month and due to this accident, he was
unable to do his work as before. Since there is no evidence to prove his
income, the Claims Tribunal has rightly fixed the notional income of the
Claimant at Rs.7,000/- per month and considering the nature of injury and
period of treatment undergone by the claimant, awarded compensation
towards Loss of earning for two months to the Claimant at Rs.14,000/-
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C.M.A.No.2509 of 2021
which is meagre and the same need not be interfered with.
9. Further, taking note of the fact that the Claimant had sustained
grievous injury in the aforesaid accident therefore the Claims Tribunal has
awarded the compensation towards future prospects and Extra Nourishment
at Rs.10,000/- each head respectively and the compensation awarded
towards pain and suffering at Rs. 20,000/- cannot be said to be excessive.
10. On scrutinizing the age of the claimant, nature of injuries and
the period of treatment undergone by the Respondent/Claimant, the quantum
of compensation awarded by the Tribunal to the Respondent/Claimant under
various heads, totalling a sum of Rs.91,400/-, 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.
11. The Appellant/Transport Corporation is directed to deposit the
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C.M.A.No.2509 of 2021
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.5513 of 2015
on the file of the Motor Accidents Claims Tribunal, (Special Sub Judge No.1
to deal with MCOP Cases) Chennai, within a period of eight weeks 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.
26.08.2021
Index : Yes / No
Speaking Order : Yes / No
(arr)/(shk)
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C.M.A.No.2509 of 2021
To:
1. The Motor accident Claims Tribunal,
(Special Sub Judge No.1 to deal with MCOP Cases),
Chennai.
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
S.VAIDYANATHAN,J.
(arr)/(shk)
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C.M.A.No.2509 of 2021
C.M.A. No.2509 of 2021
26.08.2021
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