Madras High Court
The Tamil Nadu State Transport ... vs A.Tamilselvi on 7 December, 2021
C.M.A.(MD)No.587 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.587 of 2020
and
C.M.P.(MD)No.6078 of 2020
The Tamil Nadu State Transport Corporation,
through its
The Managing Director,
Bye Pass Road,
Madurai. ...Appellant/Respondent
Vs.
A.Tamilselvi ...Respondent/Petitioner
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the judgment and decree passed in
M.C.O.P.No.471 of 2016, dated 01.03.2019 on the file of the Motor
Accidents Claims Tribunal/IV Additional Sub Court, Madurai.
For Appellant :Mr.K.Sudalaiyandi
For Respondent :Mr.V.Maragathavel
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.587 of 2020
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the
judgment and decree passed in M.C.O.P.No.471 of 2016, dated 01.03.2019
on the file of the Motor Accidents Claims Tribunal/IV Additional Sub Court,
Madurai on the ground of quantum fixed by the Tribunal is very high.
2.It is a case of accident, which took place on on 30.10.2015 at about
8.20 a.m.,when the respondent/petitioner was riding a two wheeler bearing
Registration No.TN-58-AF-4188 from north to south near DRO Colony
Road Junction, Madurai New Natham Road, at that time a Government Bus
bearing Registration No.TN-58-N-0996 came in the opposite direction
driven by its driver in a rash and negligent manner without sounding horn
and dashed against the two wheeler. Due to the said accident, the
respondent/petitioner sustained grievous injury.
3.The claimant has filed a petition in M.C.O.P.No.471 of 2016 on the
file of the Motor Accident Claims Tribunal/IV Additional Sub Court,
Madurai, seeking compensation of Rs.10,00,000/-.
4.Before the Tribunal, on the side of the claimant one witness was
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C.M.A.(MD)No.587 of 2020
examined as P.W.1 and twelve documents were marked as Exs.P.1 to P.12 and
on the side of the appellant/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
appellant/State Transport Corporation and directed the appellant to pay a sum
of Rs.5,04,750/- as compensation at 7.5% 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 questioning the
liability and very much objection raised is only for the quantum of
compensation. It is argued by the learned counsel appearing for the appellant
that when there is a disability of 22.5%, the tribunal has awarded a sum of
Rs.78,750/-is very much high. Further, the tribunal has awarded a huge sum
under the head of pain and sufferings. Hence, the award passed by the Motor
Accidents Claims Tribunal is liable to be modified.
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C.M.A.(MD)No.587 of 2020
7.Per contra, the learned counsel appearing for the
respondent/petitioner has contended that the petitioner has sustained injuries
and fracture in all over the body and suffered 22.5% of disability and the
Tribunal, after considering all the circumstances available in the present
petition, has rightly awarded Rs.78,750/- towards partial permanent disability
and therefore, the award passed by the Tribunal is perfectly correct and the
same needs no interference.
8.Heard on either side and perused the material documents available
on record.
9.Perusal of records shows that the claimant undertook treatment as
inpatient from 04.01.2016 to 10.01.2016 for injuries sustained by him and
the Tribunal has fixed permanent disability as 22.5%. The Tribunal ought to
have granted Rs.3,000/- for 1% disability, but wrongly fixed Rs.3,500/- for
1% disability and awarded Rs.78,750/- towards permanent disability.
Considering the nature of injuries sustained by the petitioner as well as the
percentage of permanent disability, this Court is inclined to give Rs.67,500/-
(Rs.3,000/- x 1%) towards permanent disability. Except the above, all other
terms of the award passed by the Tribunal is confirmed.
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C.M.A.(MD)No.587 of 2020
10.Accordingly, the claimants are entitled for compensation as
follows:
S.No. Head Amount granted by
this Court
1. Partial permanent disability Rs. 67,500/-
2. Pain and sufferings Rs. 35,000/-
3. Transportation Rs. 5,000/-
4. Extra nourishment Rs. 5,000/-
5. Attender's charges Rs. 10,000/-
6. Damage to clothes Rs. 1,000/-
7. Medical expenses Rs.3,70,000/-
Total Rs.4,93,500/-
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
11. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed.
(ii)The quantum of compensation awarded by the Tribunal is reduced
from Rs.5,04,750/- to Rs.4,93,500/- with interest at the rate of 7.5% per
annum.
(iii) The appellant / State Transport Corporation, is directed to deposit
the compensation amount i.e., Rs.4,93,500/- (Rupees Four lakhs ninety three
thousand five hundred only) less the amount already deposited together with
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C.M.A.(MD)No.587 of 2020
interest at the rate of 7.5% per annum from the date of claim petition till the
date of deposit to the credit of M.C.O.P.No.471 of 2016 on the file of the
Motor Accidents Claims Tribunal/IV Additional Sub Court, Madurai, within
a period of four weeks from the date of receipt of a copy of this order.
(iv) On such deposit being made, the respondent/claimant is entitled to
withdraw the award amount with proportionate interests and costs. If the
entire award amount is already paid by the appellant/State Transport
Corporation, the appellant/State Transport Corporation is permitted to
withdraw the excess amount with accrued interest. No costs. Consequently,
connected Miscellaneous Petition is closed.
07.12.2021
Index :Yes/No
Internet:Yes/No
vsd
Note: 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.587 of 2020
To
1.The Motor Accidents Claims Tribunal/
IV Additional Sub Court, Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.587 of 2020
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.587 of 2020
and
C.M.P.(MD)No.6078 of 2020
07.12.2021
https://www.mhc.tn.gov.in/judis
