Madras High Court
The Managing Director vs A.Dharmalingam on 10 December, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).No.1175 of 2013
The Managing Director,
M/s.Tamil Nadu State Transport Corporation,
(Kumbakonam Division II) Limited,
Trichy – 1. ...Appellant/Respondent
Vs.
A.Dharmalingam ...Respondent/Petitioner
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Judgment and Decree dated 27.04.2012
passed in M.C.O.P. No.382 of 2010 on the file of learned Motor Accident
Claims Tribunal/Sub Court, Kulithalai.
For Appellant :Mr.P.Prabhakaran
For Respondent :Mr.N.Sudhagar Nagaraj
ORDER
This Civil Miscellaneous Appeal has been filed by the Transport
Corporation against the liability fixed by the Tribunal.
https://www.mhc.tn.gov.in/judis
2.It is a case of accident. On, 06.05.2010 at 08.20 p.m., the claimant
was driving a motor cycle bearing Regn. No.TN-46-F-0682 along with his
friend one Senthilkumar, as a pillion rider, west of the Thuraiyur – Namakkal
road, near Aaraichi Pirivu road, a bus bearing Regn. No.TN-45-N-1771
belonging to the Transport Corporation which was driven by its driver in a
rash and negligent manner, from west to east and dashed against the two
wheeler. Due to the accident, the claimant has sustained multiple grievous
injuries.
3.The claimant has filed a claim petition in M.C.O.P.No.382 of 2010
on the file of the learned Motor Accident Claims Tribunal/Sub Court,
Kulithalai. seeking compensation.
4.Before the Tribunal, on the side of the claimant four witnesses were
examined as P.W.1 to P.W.4 and marked thirteen documents as Exs.P.1 to
P.13 and on the side of the Transport Corporation one witness was examined
as R.W.1 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 transport
corporation and also on appreciating the evidences on record, the tribunal
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has directed the transport corporation to pay compensation. Against the said
order, the transport corporation is before this Court.
6.Heard on either side. Perused the material documents available on
record.
7.The claimant has filed the claim petition in M.C.O.P.No.382 of 2010
for claiming compensation for the injuries sustained by him in road accident
on 06.05.2010 at 08.2 p.m. The claimant was riding in two wheeler along
with his friend, the bus bearing Regn.No.TN-46-F-0682 belonging to the
Transport Corporation came in rash and negligent manner and dashed against
the two wheeler. The claimant has sustained injuries and also suffered 35%
permanent disability.
8.The tribunal has applied multiplier method for calculating the loss of
income. But, for 35% loss of income cannot be calculated on the basis of
multiplier. Rs.3,000/-fixed for each percentage of permanent disability.12.On
hearing both sides, this Court is inclined to modify the award amount of
compensation passed by the Tribunal.
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9.Accordingly, the claimant is are entitled for compensation as follows:
For permanent disability 35% x Rs.3,000/- .. Rs.1,05,000/-.
Loss of income .. Rs. 9,000/-
Medical Expenses as per Bill ..Rs. 27,480/-
Expenses for Transport and
Extra Nourishment ..Rs. 7,500/-
Pain and Suffering ..Rs. 17,000/-
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Total Compensation .. Rs.1,65,980/-
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with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
10.In view of the said modification, this Civil Miscellaneous Appeal is
partly allowed, and the award amount of Rs.2,26,220/-granted by the learned
Motor Accident Claims Tribunal/Sub Court, Kulithalai, is reduced to
Rs.1,65,980/-with 7.5%. The appellant/Transport Corporation company is
directed to deposit the entire award amount as fixed by this Court, within a
period of six weeks, from the date of receipt of copy of the order. After
depositing, the claimant is permitted to withdraw the award amount with
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interest. If the appellant/Transport Corporation deposited the excess amount
is to be refunded to the Transport Corporation. No costs.
Index :Yes/No 10.12.2021
Internet:Yes/No
ksa
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.
To
The Motor Accident Claims Tribunal/
Sub Court,
Kulithalai.
https://www.mhc.tn.gov.in/judis
S.ANANTHI, J.
ksa
Order made in
C.M.A.(MD).No.1175 of 2013
10.12.2021
https://www.mhc.tn.gov.in/judis
