Madras High Court
The Managing Director vs G.Ramesh on 16 December, 2021
C.M.A.No.812 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.812 of 2021
and
C.M.P.No.4751 of 2021
The Managing Director,
State Express Transport Corporation
Tamil Nadu Ltd.,
No.2, Pallavan Salai,
Chennai 600 002. ... Appellant
Vs.
1.G.Ramesh
2.R.Gopinath
3.The Oriental Insurance Co. Ltd.,
No.3L, Siddhaveerappa Chetty Street,
Dharmapuri Taluk & District.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree made in MCOP No.2710 of
2014 dated 21.08.2019, on the file of the Motor Accidents Claims Tribunal,
(Special Subordinate Judge, Dhamapuri (MACT).
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.No.812 of 2021
For Appellant : Mr.K.Kathiresan
For Respondents : Mr.P.Valliappan for
M/s P.V Law Associates (for R1)
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
This appeal arises out of the order passed by the Motor Accident Claims
Tribunal, (Special Subordinate Judge, Dhamapuri (MACT) in MCOP No.2710 of
2014 dated 21.08.2019.
2.This is the case of injury. The case of the claimant is that he was working
as Driver in a Tanker lorry belonging to the second respondent bearing
Reg.No.TN-29-AV-0367. On 17.05.2014, he drove the said lorry from Bangalore
to Chennai NH Road. Due to break down, at about 05.00 a.m, he parked the lorry
on the left side of the road in the mud portion and stood in front of the lorry. At
that time, a bus bearing Reg.No.TN-01-AN-0596 belonging to the appellant
https://www.mhc.tn.gov.in/judis
C.M.A.No.812 of 2021
Corporation driven by its driver in a rash and negligent manner, dashed on the
back side of the parked lorry. Due to the sudden collusion on the lorry, the said
lorry moved and ran over the claimant's in front and his legs were crushed by the
tyre of the lorry and he sustained multiple injuries all over the body. Immediately,
he was taken to the Government Medical College Hospital, Vellore, where first
aid was given to him and thereafter, he was shifted to Ganga Medical Centre &
Hospital, Coimbatore for better treatment on the same day. Since the right leg
below the knee has been completely crushed, the doctors conducted a surgery and
amputated the leg below the knee to save his life. He took treatment till
09.06.2014. At the time of accident, he was aged about 32 years and he worked
as driver and earned not less than a sum of Rs.20,000/- per month and he was sole
breadwinner of the family. Alleging that the accident had taken place due to the
rash and negligent driving of the driver of the appellant bus, he laid a petition,
claiming compensation of Rs.30,00,000/-.
3.Resisting the claim, the appellant Transport Corporation filed their
counter disputing the manner of accident, age, avocation and income of the
https://www.mhc.tn.gov.in/judis
C.M.A.No.812 of 2021
claimant and the nature of injuries and its liability to pay the compensation. It was
also contended that the claim is excessive.
4.To substantiate the case, on the side of the claimant, P.Ws.1 and 2 were
examined and Exs.P1 to Ex.P.17 were marked. On the side of the
appellant/Transport Corporation, R.W.1, one Kalaivanan was examined and no
document was marked.
5.The Tribunal, after considering the oral and documentary evidence held
that the driver of the appellant Corporation bus was responsible for the accident
and awarded compensation of Rs.23,28,650/- to the claimant. Assailing the
award, the appellant Transport Corporation has filed the present appeal.
6.Heard Mr.K.Kathiresan, learned counsel appearing for the appellant
Transport Corporation, Mr.P.Valliappan, learned counsel appearing for the
respondent/claimant and perused the materials available on record.
https://www.mhc.tn.gov.in/judis
C.M.A.No.812 of 2021
7.The learned counsel appearing for the appellant/Transport Corporation
has contended that the Tribunal has failed to note that there is negligence on the
part of the claimant and the owner and the insurer of the lorry are liable to pay
full compensation. He has further contended that the award is on the higher side
by wrongly fixing excessive annual income of Rs.1,20,000/- and it requires
reduction.
8.Perusal of the records reveal that the Tribunal, on proper appreciation of
evidence of First Information Report (Ex.P.1), Motor Vehicles Inspector's Reports
(Exs.P.5 and 6) found that the accident occurred due to the rash and negligent
driving of the driver of the appellant's bus. Further, the Tribunal, considering the
wound certificate (Ex.P.2), Medical bills (Exs.P.11 & 13), disability certificate
(Ex.P.17), has awarded a just and reasonable compensation and therefore, they are
confirmed. The rate of interest fixed by the Tribunal is also confirmed. We find
no reason to interfere with the conclusion reached by the Tribunal. Hence, this
appeal is liable to be dismissed.
https://www.mhc.tn.gov.in/judis
C.M.A.No.812 of 2021
9.In such view of the matter, this Civil Miscellaneous Appeal is dismissed
as devoid of merits. The appellant/Transport Company is directed to deposit the
entire award amount with accrued interest and costs, less the amount already
deposited, if any, within a period of four weeks from the date of receipt of a copy
of this order. On such deposit, the claimant is permitted to withdraw the award
amount, less the amount already withdrawn, if any, together with proportionate
interest and costs. No costs. Consequently, connected miscellaneous petition is
closed.
[M.K.K.S.,J.] [V.S.G.,J.]
16.12.2021
skn
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal,
Subordinate Judge,
Dharmapuri (MACT).
2.V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.812 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
JUDGMENT MADE IN
C.M.A.No.812 of 2021
and
C.M.P.No.4751 of 2021
16.12.2021
https://www.mhc.tn.gov.in/judis
