The Managing Director vs Muthammal @ Kuppammal
2021 Latest Caselaw 23896 Mad

                                                                                C.M.A.No.359 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 06.12.2021

                                                       CORAM:

                                  THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

                                                 C.M.A.No.359 of 2017


                     The Managing Director,
                     Tamil Nadu State Transport Corporation Limited,
                     (Villupuram) Ltd,
                     Vellore.                                                 .. Appellant

                                                           Vs.

                     Muthammal @ Kuppammal                                   .. Respondent


                     Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
                     Motor Vehicles Act, 1988, against the Judgment and Decree dated
                     23.12.2014 made in M.C.O.P.No.129 of 2014 on the file of the Motor
                     Accidents Claims Tribunal, III Additional District Court, Thirupathur,
                     Vellore District.
                                          For Appellant    : Mr.K.J.Sivakumar
                                          For Respondent   : No Appearance

                                                   JUDGMENT

The matter is heard through “Video Conferencing/Hybrid mode”.

https://www.mhc.tn.gov.in/judis C.M.A.No.359 of 2017

2.This Civil Miscellaneous Appeal has been filed challenging the

quantum of compensation granted by the Tribunal in the award dated

23.12.2014 made in M.C.O.P.No.129 of 2014 on the file of the Motor

Accidents Claims Tribunal, III Additional District Court, Thirupathur,

Vellore District.

3.The appellant is the respondent in M.C.O.P.No. 129 of 2014 on the

file of the Motor Accidents Claims Tribunal, III Additional District Court,

Thirupathur, Vellore District. The respondent filed the above said claim

petition claiming a sum of Rs.5,00,000/- as compensation for the injuries

sustained by her in the accident that took place on 08.08.2012.

4.According to respondent, on 08.08.2012, at about 04.50 hours, she

was traveling in the bus bearing Registration No.TN 23 N 1839 from

Jamunamarathur, while it is nearing to Alangayam near Somaleri due to

negligence of bus driver and conductor, the bus started before the

respondent getting down from the bus and thus caused the accident. In the

accident, the respondent sustained multiple grievous injuries all over the

body. Immediately after the accident, she was taken to Government

https://www.mhc.tn.gov.in/judis C.M.A.No.359 of 2017

Hospital, and taken treatment as inpatient from 08.08.2012 to 19.09.2012.

Therefore, the respondent filed the said claim petition claiming a sum of

Rs.5,00,000/- as compensation for the injuries sustained by her against the

appellant-Transport Corporation.

5.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.2,22,000/- as

compensation to the respondent.

6.Questioning the quantum of compensation awarded by the Tribunal

in the award dated 23.12.2014 made in M.C.O.P.No.129 of 2014, the

appellant-Transport Corporation has come out with the present appeal.

7.The learned counsel appearing for the appellant contended that

respondent failed to prove her age, avocation and income. In the absence of

any material evidence with regard to avocation and income, a sum of

Rs.4,500/- per month fixed by the Tribunal as notional income of the

https://www.mhc.tn.gov.in/judis C.M.A.No.359 of 2017

respondent is excessive. The Tribunal ought not to have accepted the

evidence of P.W.2/Doctor that the respondent suffered 56% disability as the

same is on the higher side. The Tribunal ought not to have awarded a sum of

Rs.2,000/- per percentage of disability. The amounts awarded by the

Tribunal towards pain and sufferings, mental agony, extra nourishment,

attendant charge, loss of income for the period of three months, damages to

cloth and transportation are excessive and prayed for setting aside the award

passed by the Tribunal.

8.Heard the learned counsel appearing for the appellant-Transport

Corporation and perused the entire materials on record.

9.From the materials available on record, it is seen that it is the case

of the respondent that in the accident she sustained multiple injuries all over

the body. To prove the nature of injuries and disability suffered by her, the

respondent examined herself as P.W.1 and examined P.W.2/Doctor.

P.W.2/Doctor examined the respondent and certified that respondent

suffered 56% disability and issued Ex.P5/disability certificate to that effect.

The Tribunal considering the evidence of P.W.2/Doctor and

https://www.mhc.tn.gov.in/judis C.M.A.No.359 of 2017

Ex.P5/disability certificate, awarded a sum of Rs.1,12,000/- (Rs.2,000/- X

56% of disability) for 56% disability at the rate of Rs.2,000/- per percentage

of disability and the same is not excessive. At the time of accident, the

respondent was a Coolie aged 63 years and was earning a sum of Rs.7,000/-

per month. The respondent has not filed any document to prove her

avocation and income. In the absence of any material evidence with regard

to avocation and income, the Tribunal considering the age and nature of

work done by the respondent, fixed a sum of Rs.4,500/- per month as

notional income of the respondent and awarded a sum of Rs.13,500/-

(Rs.4,500/- X 3 months) for loss of income for three months and the same is

not excessive. Immediately after the accident, she was taken to Government

Hospital, Vellore for first aid treatment and taken inpatient treatment from

08.08.2012 to 19.09.2012 for one month. Considering the nature of injuries,

evidence of P.W.2/Doctor, period of treatment taken and the disability

suffered by the respondent and the fact that due to the injuries she would be

facing discomfort in her life, the amounts awarded by the Tribunal under

other heads are not excessive warranting interference by this Court.

10.In the result, this Civil Miscellaneous Appeal is dismissed and a

sum of Rs.2,22,000/- awarded by the Tribunal as compensation to the

https://www.mhc.tn.gov.in/judis C.M.A.No.359 of 2017

S.KANNAMMAL.J., mpa 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 amount 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.129 of 2014 on the file of the Motor Accidents

Claims Tribunal, III Additional District Court, Thirupathur, Vellore District.

On such deposit, the respondent is permitted to withdraw the award amount

along with interest and costs, after adjusting the amount, if any already

withdrawn, by filing necessary applications before the Tribunal. No costs.

                                                                                        06.12.2021
                     mpa
                     Index       : Yes / No
                     Internet    : Yes / No
                     To

1.The Motor Accidents Claims Tribunal, III Additional District Court, Thirupathur, Vellore District.

2.The Section Officer, VR Section, High Court, Madras.

C.M.A.No.359 of 2017

https://www.mhc.tn.gov.in/judis