Madras High Court
The Managing Director vs Imran on 27 August, 2021
C.M.A.No.2498 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
C.M.A.No.2498 of 2021
and CMP.Nos.13821 of 2021
The Managing Director,
State Express Transport Corporation Tamilnadu Ltd.
No.2, Pallavan Salai,
Chennai – 600 002 ... Appellant
Vs.
1. Imran
2. K. Jeyabalan, ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
the Motor Vehicles Act, 1988, pleased to set aside the Decree and Judgment
dated 01.11.2019 made in M.C.O.P.No.275 of 2013 on the file of the Motor
Accident Claims Tribunal, Chief Judicial Magistrate, Vellore.
For Appellant : Mr.K.Kathiresan
JUDGMENT
This Civil Miscellaneous Appeal is filed against the award dated
01.11.2019 made in M.C.O.P. No.275 of 2013 on the file of Motor Accidents
https://www.mhc.tn.gov.in/judis
C.M.A.No.2498 of 2021
Claims Tribunal, Chief Judicial Magistrate, Vellore.
2. The appellant-Transport Corporation is the 2nd respondent in
M.C.O.P.No.275 of 2013 on the file of Motor Accidents Claims Tribunal,
Chief Judicial Magistrate, Vellore. The first respondent herein filed the
above claim petition claiming a sum of Rs.10,00,000/- as compensation for
the grievous injuries sustained by him in an accident that took place on
22.07.2013.
3. The short facts of the case are as follows:-
On 22.07.2013 at about 18:15 hrs while the claimant Imran was riding
his bicylce in Vellore to Arni road towards North to South near
Sainathapuram Ramachandira Hospital fell down on skidding on the ridge of
the tar road and the SETC Bus which came behind him, driven rashly and
negligently, dashed against the minor Imran and thereby caused grievous
injury on his left hand. Minor Imran was rushed to Government Hospital,
Adukambarai, Vellore on 22.07.2013 at 20:30 hrs and a case in Bagayam
Police Station crime No.804/2013 u/s.279, 338 IPC was registered. Hence the
claim petition.
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C.M.A.No.2498 of 2021
4. According to the appellant-Transport Corporation, there was
negligence on the part of the injured person who was aged 13 and he was
riding his Bicycle in a rash and negligent manner. The Tribunal erred in
holding that the negligence was on the part of the driver of the bus belonging
to the Transport Corporation based on the registration of FIR against the
driver of bus. The Tribunal erred in fixing the monthly income of the injured
person in this case at Rs.5,000/-. The Tribunal ought to have considered the
evidence of Doctor before arriving at a conclusion of 50% disability.
5. Before the Tribunal, the first respondent examined himself as P.W.1
and 9 documents were marked as Exs.P1 to P9. On behalf of the appellant,
one Murugesh Prabakar, Conductor of the bus belonging to appellant-
Transport Corporation was examined as R.W.1 and no document was marked.
6. The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by the driver of the bus belonging to appellant-Transport Corporation
and directed the appellant to pay a sum of Rs.5,38,730/- as compensation to
the first respondent.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2498 of 2021
7. Against the said award dated 01.11.2019 made in
M.C.O.P.No.275 of 2013, the appellant-Transport Corporation has come up
with the present appeal challenging the liability fastened on them as well as
quantum of compensation awarded by the Tribunal.
8. From the materials available on record, it is seen that PW1/Imran in
his evidence, has deposed about the manner of accident. Ex.P1/FIR reveals
that a case has been registered against the driver of the bus belonging to the
Transport Corporation. Ex.P2 Charge sheet is filed against the driver of the
Bus-Transport Corporation. Ex.P3/Motor Vehicle Inspector's Report shows
that the accident did not occur due to mechanical defect and that the driver of
the appellant bus only drove the bus in a rash and negligent manner and
caused the accident. The appellant-Transport Corporation has not let in any
evidence to prove that the driver of the bus is not responsible for the accident.
The Tribunal considering the evidence of PW1 and Exs.P1, P2 & P3 held that
the accident occurred only due to rash and negligent driving by the driver of
the bus belonging to the appellant-Transport Corporation. There is no error in
the said finding of the Tribunal warranting interference by this Court.
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C.M.A.No.2498 of 2021
9. As far as quantum of compensation is concerned, it is the contention
of the learned counsel appearing for the appellant that the Tribunal ought not
to have fixed monthly income of the minor claimant at Rs.5,000/- without any
document and that the Tribunal ought to have considered the evidence of
Doctor before arriving at a conclusion of 50% disability.
10. The sum and substance of the argument of the Transport
Corporation is that a 13 year old boy was riding bicycle in a negligent manner
and met with an accident. Though the accident had taken place on account of
the fault of the boy, exorbitant amount has been awarded by the Tribunal
taking the disability at 50% and fixing the notional income at Rs.5,000/-. In
the claim petition, it is stated that the injured person who was aged 13 years
was a student at the time of accident and the injured person's occupation in
future cannot be decided at this time. If he will work as an Assistant, there is
a chance for him to get a minimum salary of Rs.5,000/-. Hence the Tribunal
has rightly cited the decision in the case of Metropolitan Transport
Corporation Ltd. Vs. V.Sundara Vadivel (2017 (2) TNMAC 293), has fixed
notional income of the injured person at Rs.5,000/- per month, applied
multiplier method ( Rs.5000/- X 12 X 15 X 50/100) and awarded a sum of
Rs.4,50,000/- towards disability which is in order.
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C.M.A.No.2498 of 2021
11. The main contention of the appellant is that the Suprem Court in
the decision reported in 2013 (2) TNMAC 338 SC (Master Mallikarjun
vs. Divisional Manager, National Insurance Company Ltd. and
another) has awarded compenstaion of Rs.3.75 lakhs for a child under
various heads who was in the hospital as an in patient and therefore, the
Tribunal awarding Rs.5,38,730/- for the injury suffered is on the higher side.
Though in the present case on hand, the plea of inpatient is not there, the
factum that the boy was taken to CMC Hospital and he was there for 13 days
for the purpose of treatment is not in dispute. Similarly the Tribunal has
awarded meagre compensation of Rs.10,000/- towards pain and sufferings
and also Rs.4,000/- towards Nutritious Food. Even assuming for the sake of
argument that the compensation of Rs.3.75 lakhs has been awarded in the
case of Master Mallikarjun, that accident took place in the year 2006 and the
Court had taken note of injuries, surgery and awarded compensation of
Rs.3,50,000/- under various heads mentioned therein. In the present case on
hand, the accident took place in the year 2013 and the minor boy suffered
50% disability and naturally, the compensation has got to be increased under
various heads as referred to in the case of Master Mallikarjun vs.
Divisional Manager, National Insurance Company Ltd. and
another. Taking note of the fact that a 13 year old boy has suffered injury
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C.M.A.No.2498 of 2021
and nominal amounts have been ordered under other heads, instead of
reducing the compensation under the disability and distributing it under other
heads, this Court is of the view that the award has to be confirmed.
12. In the result, the award of Rs. 5,38,730/- by the Tribunal is hereby
confirmed and the Civil Miscellaneous Appeal is dismissed. The appellant-
Transport Corporation is directed to deposit the entire amount awarded by the
Tribunal along with interest and costs, less the amount already deposited if
any, within a period of twelve weeks from the date of receipt of a copy of this
judgment. On such deposit, the 1st respondent is permitted to withdraw the
same, less the amount if any, already withdrawn. Consequently connected
miscellaneous petition is closed. No costs.
27.08.2021
Index:Yes/No
Internet:Yes/No
dpq
To
1.The Motor Accidents Claims Tribunal,
Chief Judicial Magistrate, Vellore
https://www.mhc.tn.gov.in/judis
C.M.A.No.2498 of 2021
S. VAIDYANATHAN, J.
dpq
C.M.A.No.2498 of 2021
and CMP.No.13821 of 2021
27.08.2021
https://www.mhc.tn.gov.in/judis
