Madras High Court
The Managing Director vs Praveen Paul on 1 December, 2021
C.M.A.(MD)No.960 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.960 of 2017
and
C.M.P.(MD)No.10085 of 2017
The Managing Director,
Tamilnadu State Transport Corporation
(Villupuram) Limited,
Thiruvannamalai Region,
Thiruvannamali. ...Appellant/Respondent
Vs.
Praveen Paul ...Respondent/Petitioner
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the award and decree made in M.C.O.P.No.
967 of 2013, dated 27.04.2016 on the file of the Motor Accidents Claims
Tribunal/Special Sub Court, Tirunelveli.
For Appellant :Mr.P.Prabhakaran
For Respondent :No Appearance
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.960 of 2017
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
and decree made in M.C.O.P.No.967 of 2013, dated 27.04.2016 on the file of
the Motor Accidents Claims Tribunal/Special Sub Court, Tirunelveli on the
ground of quantum fixed by the Tribunal is very high.
2.It is a case of accident, which took place on 24.06.2013 at about
11.30 p.m., the respondent/petitioner was riding a two wheeler bearing
Registration No.TN-32-M-7104 from Chenji to Thiruvannamali, while he
was coming near Melapappambadi Yerikari Kanmai, at that time the driver of
the appellant, who was driving a bus bearing Registration No.TN-72-N-1624
from opposite direction with rash and negligent manner dashed on the
motorcycle. Due to the said accident, the respondent/petitioner sustained
grievous injury.
3.The claimant has filed a petition in M.C.O.P.No.967 of 2013 on the
file of the Motor Accident Claims Tribunal/Special Sub Court, Tirunelveli
seeking compensation.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.960 of 2017
4.Before the Tribunal, on the side of the claimant five witnesses were
examined as P.W.1 and P.W.5 and fourteen documents were marked as
Exs.P.1 to P.14 and on the side of the respondent R.W.1 was examined and no
document was marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimant and the
respondents and also on appreciating the evidences on record, held that the
accident occurred because of the negligence on the part of the driver of the
Transport Corporation and directed the Transport Corporation to pay a sum
of Rs.33,73,300/- as compensation at 9% interest. Against which, the
appellant/respondent has filed this present appeal to set aside the award of
compensation passed by the Tribunal.
6.The learned counsel appearing for the appellant/respondent objected
the quantum and interest of 9% awarded by the Tribunal. He also contended
that though the respondent/petitioner has sustained multiple injuries, P.W.3-
the doctor has given Ex.P.10, wherein, it has been clearly stated that the
respondent/petitioner has sustained 90% permanent disability only. But the
Tribunal has fixed 100% and awarded Rs.15,30,000/- towards permanent
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.960 of 2017
disability and further the tribunal has failed to award proper compensation
with regard to pain and suffering. Hence, the award passed by the Motor
Accidents Claims Tribunal is liable to be modified.
7.Heard the learned counsel appearing for the appellant. Eventhough,
the respondent name was printed, but no one appeared on behalf of the
respondent.
8.On perusal of records, it shows that the respondent/claimant was
working as an advocate and was earning Rs.15,000/- per month. Eventhough,
permanent disability was given 90%, as per Ex.P10 and Ex.P11, the claimant
is able to come to the Court by wheel chair. Since the claimant was working
an advocate and both of his legs are useless, he cannot continue his job. So
the Tribunal fixed functional disability and applied multiplier method and
calculated the award amount. But the Tribunal also granted Rs.3,00,000/-
towards loss of marital life and Rs.3,00,000/- towards pain and suffering and
Rs.2,00,000/- towards loss of future expectation and Rs.2,00,000/- towards
mental agony. The Tribunal has already calculated loss of income on the
basis of multiplier method and also granted under both the heads for loss of
marital life and loss of future expectation. The Tribunal again granted
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.960 of 2017
Rs.2,00,000/- towards mental agony, which has to be deducted. Further the
tribunal has awarded 9% interest, which is very high and it is modified to
7.5%.
9.In the result, this Civil Miscellaneous Appeal is partly allowed. No
costs. The award amount of Rs.33,73,300/- passed by the Motor Accidents
Claims Tribunal/Special Sub Court, Tirunelveli in M.C.O.P.No.967 of 2013,
dated 27.04.2016, is hereby modified. The respondent is entitled to get
Rs.31,73,300/- (Rupees Thirty one lakhs seventy three thousand and three
hundred only) with interest at 7.5% p.a, from the date of claim petition till
the date of realization. All the other terms the Tribunal awarded is confirmed.
The appellant is directed to deposit the award amount within a period of six
weeks from the date of receipt of a copy of this order. On such deposit, the
claimant is entitled to withdraw the amount with proportionate interests and
costs. Consequently connected miscellaneous petition is closed.
Index :Yes/No 01.12.2021
Internet:Yes/No
vsd
Note: 1. Issue order copy on 10.12.2021
2.In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct copy,
shall be the responsibility of the Advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.960 of 2017
S.ANANTHI, J.
vsd
To
1.The Motor Accidents Claims Tribunal/Special Sub Court,
Tirunelveli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
C.M.A.(MD)No.960 of 2017
and
C.M.P.(MD)No.10085 of 2017
01.12.2021
https://www.mhc.tn.gov.in/judis
