Madras High Court
Tamil Nadu State Transport ... vs Shahul Hameed ...1St on 20 December, 2021
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
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.979 of 2021
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
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 busstand 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.
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C.M.A.(MD)No.979 of 2021
4.Before the Tribunal, on the side of the claimants three witnesses 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
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
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.979 of 2021
the entire responsibility for the accident on the part of the driver of the
appellant/ Transport Corporation.
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.979 of 2021 can be allowed. All the other terms awarded by
the Tribunal stand confirmed.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.979 of 2021
10.The award passed by this Court under various heads CMA(MD)No.
979 of 2021 is extracted hereunder:
S.No. Head Amount granted by
this Court
1. Disability (10 x Rs.3,000/-) Rs. 30,000/-
2. Pain and sufferings Rs. 25,000/-
3. Extra nourishment Rs. 3,000/-
4. Attendant charges Rs. 3,000/-
5. Loss of income Rs. 15,000/-
6. Damage to clothes Rs. 2,000/-
7. Transportation Rs. 2,000/-
8. Medical bills Rs. 15,000/-
Total Rs. 95,000/-
11.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
is entitled to get Rs.93,000/- and to that extent, this Civil Miscellaneous
Appeal can be allowed. All the other terms awarded by the Tribunal stand
confirmed.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.979 of 2021
12.The award passed by this Court under various heads CMA(MD)No.
980 of 2021 is extracted hereunder:
S.No. Head Amount granted by
this Court
1. Disability (6 x Rs.3,000/-) Rs. 18,000/-
2. Pain and sufferings Rs. 20,000/-
3. Extra nourishment Rs. 2,000/-
4. Attendant charges Rs. 2,000/-
5. Loss of income Rs. 10,000/-
6. Damage to clothes Rs. 2,000/-
7. Transportation Rs. 2,000/-
8. Medical bills Rs. 37,000/-
Total Rs. 93,000/-
13.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 with interest at 7.5% p.a from the date of claim
petition till the date of realization.
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C.M.A.(MD)No.979 of 2021
14.The appellant/State Transport Corporation is directed to deposit the
award amount together with 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.Nos.585
and 587 of 2014 on the file of the Motor Accidents Claims Tribunal//Special
Sub Court, Madurai in M.C.O.P.Nos.585 and 587 of 2014 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
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.979 of 2021
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
