Madras High Court
The Managing Director vs Senthil on 3 February, 2021
C.M.A.No.4804 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.4804 of 2019
and
C.M.P.No.27582 of 2019
The Managing Director,
Tamil Nadu State Transport Corporation,
Villupuram. .. Appellant
Vs.
Senthil .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
11.09.2018 made in M.C.O.P.No.245 of 2017 on the file of the Motor
Accidents Claims Tribunal, III Additional District Court, Kallakurichi.
For Appellant : Mr.K.J.Sivakumar
For Respondent : No appearance
JUDGMENT
The matter is heard through "Video Conferencing".
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C.M.A.No.4804 of 2019
2.This Civil Miscellaneous Appeal has been filed to set aside the award
dated 11.09.2018 made in M.C.O.P.No.245 of 2017 on the file of the Motor
Accidents Claims Tribunal, III Additional District Court, Kallakurichi.
3.The appellant is the respondent in M.C.O.P.No.245 of 2017 on the
file of the Motor Accidents Claims Tribunal, III Additional District Court,
Kallakurichi. The respondent filed the said claim petition claiming a sum of
Rs.20,00,000/- as compensation for the injuries sustained by him in the
accident that took place on 19.06.2017.
4.According to respondent, on 19.06.2017 at about 07.30 A.M., while
he was riding his motorcycle bearing Registartion No.TN 31 BJ 8375 on
Kallakurichi – Kuthakudi road, near Nagalur bus stop, the driver of the bus
bearing Registration No.TN 25 N 0443 belonging to appellant, who was
driving the bus in the opposite direction in a rash and negligent manner,
dashed against the motorcycle rode by the respondent and caused the
accident. In the accident, the respondent was thrown away from his
motorcycle and sustained multiple grievous injuries all over his body.
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C.M.A.No.4804 of 2019
Immediately after the accident, the respondent was taken to Government
Hospital, Kallakurichi. Thereafter he was taken to Ganga Hospital,
Coimbatore for further treatment. Therefore, the respondent filed the said
claim petition claiming a sum of Rs.20,00,000/- as compensation for the
injuries sustained by him against the appellant-Transport Corporation.
5.The appellant-Transport Corporation filed counter statement and
denied all the averments made by the respondent. According to the appellant,
at the time of accident, while the driver of the bus was driving the bus from
Tiruvannamalai to Trichy near Nagalur, the respondent rode the motorcycle
from the opposite direction in a rash and negligent manner near a curve and
dashed on the right side side bumper of the bus and caused the accident.
Therefore, the accident has occurred only due to negligence on the part of the
respondent. The respondent registered a case against the driver of the bus
only with an intention to get compensation from the appellant-Transport
Corporation. The appellant denied the age, avocation, nature of injuries,
disability, medical bills and period of treatment taken by the respondent. The
respondent has taken treatment in a Private Hospital only to get higher
compensation from the appellant-Transport Corporation. In any event, the
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C.M.A.No.4804 of 2019
quantum of compensation claimed by the respondent is highly excessive and
prayed for dismissal of the claim petition.
6.Before the Tribunal, the respondent examined himself as P.W.1 and
11 documents were marked as Exs.P1 to P11. On behalf of the appellant, one
Karthikeyan, driver of the bus belonging to appellant-Transport Corporation
was examined as R.W.1 and no document was marked. The disability
certificate issued by the Medical Board, Government Villupuram Medical
College Hospital, Villupuram was marked as Ex.C1.
7.The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by the driver of the bus belonging to appellant-Transport Corporation
and directed the appellant to pay a sum of Rs.6,45,000/- as compensation to
the respondent.
8.Against the said award dated 11.09.2018 made in M.C.O.P.No.245 of
2017, the appellant-Transport Corporation has come out with the present
appeal.
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C.M.A.No.4804 of 2019
9.The learned counsel appearing for the appellant contended that the
Tribunal fixed negligence on the part of the driver of the bus belonging to
appellant only based on Ex.P1/F.I.R., which was registered against him. The
Tribunal failed to consider the evidence of R.W.1, who is the driver of the
bus. R.W.1 deposed that the respondent only rode his motorcycle in a rash
and negligent manner and dashed against the right side bumper of the bus and
caused the accident. The injuries sustained by the respondent are only simple
in nature and the percentage of disability assessed by the Medical Board,
Government Villupuram Medical College Hospital, Villupuram for the
respondent at 21% is on the higher side. The amounts of Rs.1,00,000/- each
awarded by the Tribunal towards permanent discomfort and loss of amenities
are without merits. The amount awarded by the Tribunal towards medical
expenses is highly excessive. The total compensation awarded by the
Tribunal under different heads are excessive and prayed for setting aside the
award passed by the Tribunal.
10.Though notice has been served on the respondent and his name is
printed in the cause list, there is no representation on behalf of him, either in
person or through counsel.
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C.M.A.No.4804 of 2019
11.Heard the learned counsel appearing for the appellant-Transport
Corporation and perused the entire materials on record.
12.From the materials available on record, it is seen that it is the case
of the respondent that accident has occurred only due to rash and negligent
driving by the driver of the bus belonging to appellant-Transport Corporation.
To prove the said contention, the respondent examined himself as P.W.1 and
marked F.I.R., which was registered against the driver of the bus as Ex.P1.
On the other hand, it is the case of the appellant-Transport Corporation that
the respondent only rode his motorcycle in a rash and negligent manner near
a curve and dashed on the right side bumper of the bus and caused the
accident. To prove the said contention, the appellant examined the driver of
the bus as R.W.1. R.W.1 is an interested witness and the appellant has not
examined any eyewitness to prove their case that accident has occurred only
due to negligence on the part of the respondent. Further, the appellant-
Transport Corporation or the driver of the bus did not lodge any complaint
against the respondent or did not file any objection to the F.I.R., which was
registered against the driver of the bus. The Tribunal considering the
evidence of P.W.1, R.W.1, Ex.P1/F.I.R. and failure on the part of the
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C.M.A.No.4804 of 2019
appellant for not filing any objection to F.I.R. and not lodging any complaint
against the respondent, held that the accident has occurred only due to rash
and negligent driving by the driver of the bus belonging to appellant-
Transport Corporation. There is no error in the said finding of the Tribunal
warranting interference by this Court.
13.As far as quantum of compensation is concerned, it is the case of the
respondent that in the accident he sustained both bone fracture in right leg
and laceration and multiple injuries all over the body. The Medical Board,
Government Villupuram Medical College Hospital, Villupuram examined the
respondent and certified that he suffered 21% disability and issued
Ex.C1/disability certificate to that effect. The Tribunal considering the
percentage of disability issued by the Medical Board, Government
Villupuram Medical College Hospital, Villupuram, awarded a sum of
Rs.63,000/- for 21% of disability at the rate of Rs.3,000/- per percentage of
disability. The accident occurred in the year 2017 and a sum of Rs.3,000/- per
percentage of disability awarded by the Tribunal is meagre. This Court by the
judgment reported in 2020 (1) TN MAC 617 [M. Chinnathambi Vs. S.Deepa
and another], fixed a sum of Rs.4,000/- per percentage of disability for the
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C.M.A.No.4804 of 2019
accident occurred in the year 2014 & 2015 and a sum of Rs.5,000/- per
percentage of disability for the accident occurred from the year 2016
onwards, due to raise in cost of living. In the present case, the accident is of
the year 2017. The respondent is entitled to a sum of Rs.5,000/- per
percentage of disability, whereas the Tribunal has awarded only a sum of
Rs.3,000/- per percentage of disability. From the award passed by the
Tribunal it is seen that the Tribunal has awarded excessive amounts of
Rs.1,00,000/- each towards loss of amenities and permanent discomfort.
Therefore, in view of the meagre amount awarded by the Tribunal towards
disability, the excessive amounts awarded by the Tribunal towards loss of
amenities and permanent discomfort are not interfered with. The total
compensation awarded by the Tribunal is not excessive warranting
interference by this Court.
14.In the result, this Civil Miscellaneous Appeal is dismissed and a
sum of Rs.6,45,000/- awarded by the Tribunal as compensation to the
respondent, along with interest and costs is confirmed. The appellant-
Transport Corporation is directed to deposit the award amount along with
interest and costs, less the amout if any already deposited, within a period of
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C.M.A.No.4804 of 2019
twelve weeks from the date of receipt of a copy of this judgment to the credit
of M.C.O.P.No.245 of 2017 on the file of the Motor Accidents Claims
Tribunal, III Additional District Court, Kallakurichi. On such deposit, the
respondent is permitted to withdraw the award amount along with
proportionate interest and costs, after adjusting the amount, if any already
withdrawn, by filing necessary applications before the Tribunal.
Consequently, the connected Miscellaneous Petition is closed. No costs.
03.02.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The III Additional District Judge,
Motor Accidents Claims Tribunal,
Kallakurichi.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.4804 of 2019
V.M.VELUMANI, J.
krk
C.M.A.No.4804 of 2019
03.02.2021
https://www.mhc.tn.gov.in/judis/
