Madras High Court
The Managing Director vs Santhamoorthy on 9 February, 2021
C.M.A.No.499 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM:
THE HON'BLE Mr. JUSTICE D.KRISHNAKUMAR
CMA No.499 of 2010
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
No.12, Ramakrishna Road,
Salim- 636007 ... Appellant
..vs..
Santhamoorthy
S/o. Subramani ... Respondent
Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
against the judgment and decree dated 07.09.2009 made in
M.C.O.P.No.3152 of 2008, on the file of the Motor Accidents Claims
Tribunal, Chief Judicial Magistrate, Cuddalore.
For Appellant : Mr. C.S.K.Sathish
For Respondent : Notice unserved
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C.M.A.No.499 of 2010
JUDGMENT
Dissatisfied with the judgment and decree, dated
07.09.2009, passed by the tribunal awarding compensation of
Rs.3,05,000/- along with interest at the rate of 7.5% per annum, the
Appellant/ Insurance Company is before this Court to set aside the
judgment and decree by the tribunal.
2. It is the case of the claimant/respondent herein that on
08.11.2008 at about 3.30 pm when the claimant while driving his
Autorickshaw bearing Reg.No.TN31-D-8832 from Panruti to
Thirunavalur and while going in front of Annai Therasa Engineering
College at Thirunavalur on the extreme left of the road, at the time, the
respondent/appellant's herein bus bearing Reg.No. TN30-N-0137
proceeding in the opposite direction, driven by its driver in a rash and
negligent manner and dashed against the claimant's auto rickshaw. Due
to which, the claimant sustained grievous multiple injuries all over the
body. The petitioner is still undergoing medical treatment for the
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C.M.A.No.499 of 2010
multiple injuries sustained by him, hence he filed a claim petition against
the transport corporation/appellant herein, claiming a sum of
Rs.10,00,000/- as compensation.
3. The tribunal after analyzing both oral and documentary
evidences, has fixed the negligence on the driver of the transport
corporation bus directed them to pay a sum of Rs.1,30,500/- as
compensation along with interest at the rate of 7.5% p.a from the date of
petition till realization. The compensation awarded by the tribunal under
various heads are as follows;
Heads Amount in Rs.
Disability (40 x 1000) 40,000
Loss of income during treatment 10,000
period
Pain and suffering 25,000
Nutritious Food 7,500
Attendar's Charges 7,500
Shock and Mental Agony 7,500
Loss of amenities 7,500
Medical Expenses 7,500
Trasnport Expenses 18,000
Total 1,30,500/-
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C.M.A.No.499 of 2010
4. The learned counsel appearing for the appellant/Transport
Corporation has submitted that the tribunal has erroneously passed the
award without considering the relevant materials available on record.
The compensation granted at Rs.40,000/- for disability assessed at 40%
for left clavicle fracture is very excessive and the sum awarded under
other heads are also unsustainable and requires interference by this
Court.
5. Heard the learned counsel appearing for the appellant/
Transport Corporation. Notice unserved to the sole respondent, perused
the materials available on record.
6. Before the Tribunal, two witnesses P.W.1 & P.W.2 were
examined and Exhibits P1 to P8 were marked on the side of the
claimant/respondent herein, whereas R.W.1 was examined and no
documents were marked on the side of the respondent/appellant herein.
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C.M.A.No.499 of 2010
7. A perusal of Ex.P7 issed by the doctor/PW2 after examination
of Ex.P3/Accident Register and Ex.P4/C.T.Scan report would clearly
show that the due to the said accident, the claimant's left shoulder
clavicle bone was broken and malunited and there is a loss of muscles in
the left should and the movement of the left shoulder was also restricted.
After examining all these aspects, the doctor has issued permanent
disability certificate at 40%. Since the disabilities assessed by the doctor
are very much proved, this Court does not want to interfere with the
disability assessed by the doctor/PW2. The tribunal has also rightly
confirmed the said disability and fixed a sum of Rs.1000/- per percentage
and awarded Rs.40,000/- under the head disability. The said
compensation is reasonable and proper, this Court confirms the same.
8. Insofar as the compensation awarded under other heads are
concerned, the tribunal by considering the age of the claimant who was
24 years at the time of the accident and also a driver of the autorickshaw
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C.M.A.No.499 of 2010
by avocation, he would have earned not less than a sum of Rs.3000/- per
month, hence for the treatment period of three months, the sum awarded
by the tribunal at Rs.10,000/- under the head Loss earning during
treatment period is fair and reasonable. The claimant has marked
Ex.P5/Trip Sheet for Rs.18,000/-, hence, the said amount awarded by the
tribunal under head Transport Expenses is also proper. In total, the
compensation awarded by the tribunal under various heads is based on
the evidence and documents, therefore this Court finds no reason to
interfere with the award passed by the tribunal. Though the
appellant/Transport Corporation has not disputed the negligence and
liability, but failed to disprove their contentions regarding disability and
injuries by way of documents and evidence. In view of the same, the
appeal is liable to be dismissed as devoid of merits.
9. In the result, this Civil Miscellaneous Appeal preferred by the
appellant/transport corporation is dismissed and the compensation
awarded by the Tribunal at Rs.1,30,500/- together with interest at the rate
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C.M.A.No.499 of 2010
of 7.5% per annum from the date of petition till the date of deposit is
confirmed. The appellant-Transport Corporation is directed to deposit the
entire award amount along with interest and costs, less the amount
already deposited, within a period of six weeks from the date of receipt
of a copy of this judgment. On such deposit, the respondent/claimant is
permitted to withdraw the award amount along with interest fixed by the
Tribunal, after adjusting the amount, if any, already withdrawn, by filing
necessary applications before the Tribunal. No costs.
09.02.2021
Index : Yes/No
Internet : Yes
ak
To
1. The Chief Judicial Magistrate,
(Motor Accidents Claims Tribunal)
Cuddalore.
2. The Section Officer,
VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.499 of 2010
D.KRISHNAKUMAR, J.,
ak
CMA.No.499 of 2010
09.02.2021
https://www.mhc.tn.gov.in/judis/
