Madras High Court
The Managing Director vs U. Saravanan on 27 August, 2021
C.M.A.No.2510 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. 2510 of 2021 and
C.M.P.No.14421 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation
Villupuram Ltd.,
Vazhuga Reddy,
Villupuram - II ...Appellant
..Vs..
U. Saravanan ...Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and Decree dated 22.04.2019
made in M.C.O.P.No. 965 of 2011 on the file of the Motor Accident Claims
Tribunal, Special Sub Judge I, Small Causes Court, Chennai.
For Appellant: Mr.K.J. Sivakumar
Page No.1 of 8
http://www.judis.nic.in
C.M.A.No.2510 of 2021
JUDGMENT
This Appeal has been filed by the Transport Corporation challenging
the Award dated 22.04.2019 passed by the Motor Accident Claims
Tribunal, Special Sub Judge I, Small Causes Court, Chennai in
M.C.O.P.No. 965 of 2011, directing the Appellant/Transport Corporation to
pay the Claimant a sum of Rs.7,58,900/- as compensation for the injuries
sustained in an accident which occurred on 20.12.2010 involving the bus
owned by the appellant/Transport Corporation.
2. Before the Tribunal, the Respondent/Claimant claimed a sum of
Rs.20,00,000/- 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 Claims 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
record, the Tribunal has awarded a sum of Rs.7,58,900/- as compensation to
http://www.judis.nic.in
C.M.A.No.2510 of 2021
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 (20%) 60,000.0
Pain and sufferings 30,000.0
Extra Nourishment 20,000.0
Transport charges 5,000.00
Hospital & Medical expenses 5,80,661
Attender charges 15,250.0
Loss of Earning 28,000.0
Loss of future prospects 20,000.0
Total Rs.7,58,911/-
Rounded off Rs.7,58,900/-
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 Claims Tribunal ought not to have awarded a sum of
Rs.60,000/- on the head of disability which is on the higher side. Further,
the compensation awarded towards other heads are also huge and same
http://www.judis.nic.in
C.M.A.No.2510 of 2021
needs to be reduced.
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 though the Appellant denied about the accident
and stated that the accident occurred only on the negligent act of the
Claimant, 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. 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 compensation awarded towards disability is
concerned, Respondent/Claimant has sustained following injuries;
i) Fracture both bone left leg
http://www.judis.nic.in
C.M.A.No.2510 of 2021
ii) degloving injury both legs
iii) dislocation of left shoulder
iv) haemorrhagic contusion left parietal region
8. The aforesaid injuries appears to be grievous in nature. Further, the
claimant has filed the Wound Certificate, discharge summary, Medical Bills,
Prescriptions which was marked as Exs.P3 to P9. In Ex.P13-Disability
certificate, though the P.W.2-Doctor assessed the disability @ 40% , the
Claims Tribunal has fixed only 20% and by taking Rs.3,000/- per
percentage, awarded a sum of Rs.60,000/- (3000x20) towards permanent
disability, which this Court feels is a just one and does not warrant
interference.
9. Considering the nature of injuries sustained by the
Respondent/Claimant, period of treatment undergone, the quantum of
compensation awarded by the Tribunal to the Respondent/Claimant under
various heads, totalling a sum of Rs.7,58,900/-, cannot be considered to be
excessive, as alleged by the Appellant/ Transport Corporation. For the
http://www.judis.nic.in
C.M.A.No.2510 of 2021
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.
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. 965 of 2011
on the file of the Motor Accidents Claims Tribunal, Special Sub Judge I,
Small Causes Court, 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.
27.08.2021
Index : Yes / No
Speaking Order : Yes / No
(arr)/(shk)
http://www.judis.nic.in
C.M.A.No.2510 of 2021
To:
1. The Motor accident Claims Tribunal,
Special Sub Judge I, Small Causes Court,
Chennai
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
S.VAIDYANATHAN,J.
http://www.judis.nic.in
C.M.A.No.2510 of 2021
(arr)/(shk)
C.M.A. No.2510 of 2021
27.08.2021
http://www.judis.nic.in
