Tamil Nadu State Transport ... vs Shahul Hameed ...1St
2021 Latest Caselaw 24995 Mad

                                                                          C.M.A.(MD)No.979 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATE : 20.12.2021

                                                   CORAM :

                                  THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                      C.M.A.(MD).Nos.979 and 980 of 2021
                                                     and
                                      C.M.P.(MD)Nos.9253 and 9254 of 2021

                  C.M.A.(MD)No.979 of 2021

                  Tamil Nadu State Transport Corporation,
                  Rep.by through its Managing Director,
                  Madurai District.                                ...Appellant/Respondent

Vs.

1.Shahul Hameed ...1st Respondent/Petitioner

2.Syed Ibrahim

3.The Branch Manager, Reliance General Insurance Company Limited, No.55, HIG Block, Sree Meenakshi Flash, Anna Nagar, Madurai District. ...Respondents 2&3/Respondents 2&3

PRAYER in C.M.A.(MD)No.979 of 2021 : 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.585 of 2014, dated 12.11.2019 on the file of the Motor Accidents Claims Tribunal/Special Sub Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.979 of 2021

C.M.A.(MD)No.980 of 2021 Tamil Nadu State Transport Corporation, Rep.by through its Managing Director, Madurai District. ...Appellant/Respondent

Vs.

S.Burvees Ahamed ...Respondent/Petitioner

PRAYER in C.M.A.(MD)No.980 of 2021 : 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.587 of 2014, dated 12.11.2019 on the file of the Motor Accidents Claims Tribunal/Special Sub Court, Madurai.

                            In C.M.A.(MD)No.979 of 2021
                                       For Appellant     :Mr.P.Prabhakaran

                                       For R1            :Mr.G.Aravinthan

                            In C.M.A.(MD)No.980 of 2021
                                       For Appellant     :Mr.P.Prabhakaran

                                       For Respondents :Mr.G.Aravinthan


                                             COMMON JUDGMENT

These Civil Miscellaneous Appeals have been filed to set aside the

decree made in M.C.O.P.Nos.585 and 587 of 2014, dated 12.11.2019

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.979 of 2021

respectively on the file of the Motor Accidents Claims Tribunal/Special Sub

Court, Madurai.

2.It is a case of accident, which took place on 04.12.2013 the petitioner

Burvees Ahamed in M.C.O.P.No.587 of 2014 was riding a two wheeler

bearing Registration No.TN-59-U-4086 along with another petitioner Shahul

Hameed in M.C.O.P.No.585 of 2014 from Thirumangalam to Virudhunagar

Road. When the two wheeler came near Rajapalayam pirivu at about 8.35

a.m., a bus bearing Registration No.TN-58-N-1297 came from Madurai

Mattuthavani bus to Shencottai with rash and negligent manner hit on the

petitioner. Due to the said accident, the petitioners have sustained multiple

injuries and fractures all over the body.

3.The claimants have filed a petition in M.C.O.P.Nos.585 and 587 of

2014 on the file of the Motor Accident Claims Tribunal/Special Sub Court,

Madurai seeking compensation.

4.Before the Tribunal, on the side of the claimants threewitnesses were

examined as P.W.1 to P.W.3 and eighteen documents were marked as Exs.P.1

to P.18. On the side of the respondents R.W.1 was examined and no

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.979 of 2021

document was marked and two Court documents were marked as Ex.C1. and

Ex.C2.

5.The Tribunal, after considering the pleadings, oral and documentary

evidences and the arguments of the counsel for the claimants and the

respondents and also on appreciating the evidences on record, held that the

accident was occurred only due to the rash and negligent driving of the driver

of the appellant bus and directed the appellant to pay compensation.

Aggrieved over the orders passed by the Tribunal, the appellant has filed the

present appeal under Section 173 of the Motor Vehicles Act, 1988.

6.Heard the learned counsel appearing on either side and perused the

material documents available on record.

7.The learned counsel appearing for the appellant/Transport

Corporation contended that without taking the factual aspects and without

appreciating the law and facts and evidence the Tribunal had wrongly fixed

the entire responsibility for the accident on the part of the driver of the

appellant/ Transport Corporation.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.979 of 2021

8.On perusal of records it shows that since the FIR was registered

against the rider of the two wheeler, there is no evidence to show that due to

the rash and negligent driving of the two wheeler, the accident was occurred.

The claimant himself examined as PW3 and as per evidence, the appellant's

bus driver is responsible for the accident. So in all aspect the Tribunal rightly

fixed the negligent on the driver of the appellant's bus.

9.In both the Civil Miscellaneous Appeals, the learned counsel for the

appellant contended that the Tribunal has awarded Rs.4,000/- for 1%

disability is also high. Hence, this Court fixed Rs.3,000/- for 1% disability

and awarded Rs.30,000/- as permanent disability. Since the claimant

sustained fractured on his right leg, this Court awarded Rs.25,000/- towards

pain and sufferings. Therefore, the first respondent/claimant is entitled to get

Rs.95,000/- (Rupees Ninety five thousand only) and to that extent, this

CMA(MD)No.975 of 2021 can be allowed.

10.In CMA(MD)No.980 of 2021, this Court fixed Rs.3,000/- for 1%

disability and awarded Rs.18,000/- towards permanent disability and

awarded Rs.20,000/- towards pain and sufferings. Therefore, the respondent

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.979 of 2021

is entitled to get Rs.93,000/- and to that extent, this Civil Miscellaneous

Appeal can be allowed.

11.In the result, these Civil Miscellaneous Appeals are partly allowed.

The award amount passed by the Motor Accident Claims Tribunal/Special

Sub Court, Madurai in M.C.O.P.Nos.585 and 587 of 2014, dated 12.11.2019,

is hereby modified. In C.M.A(MD)No.979 of 2021, the first

respondent/claimant is entitled to get Rs.95,000/- as compensation and in

C.M.A(MD)No.980 of 2021, the respondent/claimant is entitled to get

Rs.93,000/- as compensation. All the other terms awarded by the Tribunal

stand confirmed.

12.The appellant/State Transport Corporation 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 claimants are entitled to withdraw the

same, by filing necessary application before the Tribunal. No Costs.

Consequently connected miscellaneous petitions are closed.

20.12.2021 Index :Yes/No Internet:Yes/No vsd

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.979 of 2021

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

1.The Motor Accidents Claims Tribunal/ Special 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.979 of 2021

S.ANANTHI, J.

vsd

Common Judgment made in C.M.A.(MD).Nos.979 and 980 of 2021 and C.M.P.(MD)Nos.9253 and 9254 of 2021

20.12.2021

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