Madras High Court
The Managing Director vs Jayalakshmi on 27 August, 2021
C.M.A.No.348 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.348 of 2021
and CMP.No.2355 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation,
Kumbakonam Division I,
Railway Station Road,
Kumbakonam District & Taluk. ... Appellant
Vs.
Jayalakshmi ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated 17.09.2019
made in M.C.O.P.No.57 of 2016 on the file of the Motor Accidents Claims
Tribunal, Principal Sub Judge, Myladudurai.
For Appellant : Mr.D.Venkatachalam
For Respondent : Mr.T.Gopinath
JUDGMENT
The matter is heard through "Video Conferencing".
This appeal has been filed by the Transport Corporation challenging the
Award dated 17.09.2019 passed by the Motor Accident Claims Tribunal,
Principal Sub Judge, Myladudurai in M.C.O.P.No.57 of 2016, directing the
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C.M.A.No.348 of 2021
appellant Transport Corporation to pay the Claimant a sum of Rs.2,01,750/- as
compensation for the injuries sustained by her, as a result of an accident caused
by a bus owned by the appellant/Transport Corporation.
2. According to the Respondent/Claimant, she sustained injuries as a
result of an accident which occurred on 17.07.2015 caused by a bus bearing
Registration No.TN-49-1400 owned by the appellant Transport Corporation.
The Respondent/Claimant sustained fracture in the hip and in the right leg and
she was treated at Government Medical College Hospital, Thiruvarur and in a
private hospital i.e. Muthu Hospital, Cuddalore in Myladudurai.
3. Before the Tribunal, the Respondent/Claimant claimed a sum of
Rs.10,00,000/- as compensation for the injuries sustained by her. In support of
her claim, the Respondent/Claimant marked Exs.P1 to P7 before the Tribunal
and P.Ws.1 & 2 were examined as witnesses. On the side of the
Appellant/Transport Corporation, neither witness nor exhibits were marked.
4. On consideration of the oral and documentary evidence available on
record, the Tribunal has awarded a sum of Rs.2,01,750/- as compensation to
the Respondent/Claimant.
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C.M.A.No.348 of 2021
5. Heard the learned counsel for the parties and perused the material
documents available on record.
6. 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
and there was also delay in filing of FIR and the Tribunal has also erred in
taking the permanent disability of the Respondent / Claimant at 40%, which
according to them is on the higher side.
7. The main contention of the learned counsel for the appellant is that no
such accident took place on 17.07.2015 and that no amount of compensation is
liable to be extended to the claimant. More so, when the injured was examined
as PW1 and her husband was examined as PW2 and they are interested
witness. Hence, when there are no independent witnesses, the award passed by
the Tribunal will have to be set aside by this Court. He further submitted that
FIR has been registered belatedly on 24.12.2015 whereas the accident is said
to have taken place on 17.07.2015, hence on that score also, the award of the
Tribunal has got to be interfered with. That apart the Medical Board has clearly
stated that the disability is only temporary and 40% permanent disability taken
by the Tribunal is erroneous.
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C.M.A.No.348 of 2021
8. On the other hand, the learned counsel appearing for the
respondent submitted that the Sub Inspector of Police was examined as a
witness and that in the Accident report it has been mentioned that the claimant
suffered injuries due to the accident that took place on 17.07.2015 and has
taken treatment and after treatment disability certificate has been given, based
on which Tribunal has granted compensation, which is just and proper.
Therefore, the contention of the learned counsel for the appellant-Transport
Corporation that no accident took place on 17.07.2015 and that no amount of
compensation is liable to be extended to the claimant cannot be sustained.
Though it is true that FIR has been filed belatedly, FIR is a piece of
information for the purpose of setting the criminal law in motion and it is meant
for the purpose of corroboration. Even assuming that the parties have admitted
with regard to belated filing of FIR, independent witness namely Sub Inspector
of Police has stated that as per the accident report the injured has stated in the
hospital that accident took place on 17.07.2015 and suffered injuries. Though
FIR has been filed belatedly, it cannot be stated that it has been concocted for
the purpose of claiming compensation. When a person suffers an injury,
immediately he will go to the hospital, he will express what really happened for
the purpose of safeguarding himself and hence even though there is a delay in
filing the FIR, the accident report clearly shows what claimant stated was
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C.M.A.No.348 of 2021
correct and hence the Tribunal has rightly awarded the compensation which
requires no interference by this Court.
9. In the result, this Civil Miscellaneous Appeal is dismissed and the
sum of Rs.2,01,750/- awarded by the Tribunal as compensation to the
respondent, along with interest and costs is confirmed. The appellant-Transport
Corporation is directed to deposit the award amount along with interest and
costs, less the amout if any already deposited, within a period of twelve weeks
from the date of receipt of a copy of this judgment to the credit of
M.C.O.P.No.57 of 2016 on the file of the Motor Accidents Claims Tribunal,
Principal Sub Judge, Myladudurai. On such deposit, the respondent is
permitted to withdraw the award amount fixed by the Tribunal along with
proportionate interest and costs after adjusting the amount, if any already
withdrawn, by filing necessary applications before the Tribunal. Consequently
the connected Miscellaneous Petition is closed. No costs.
27.08.2021
dpq
Index : Yes / No
Internet : Yes / No
To
The Motor Accidents Claims Tribunal,
Principal Sub Judge,
https://www.mhc.tn.gov.in/judis
C.M.A.No.348 of 2021
Mayiladudurai.
S.VAIDYANATHAN, J.
dpq
C.M.A.No.348 of 2021
27.08.2021
https://www.mhc.tn.gov.in/judis
