Madras High Court
The Managing Director vs Minor Ammu on 9 February, 2021
C.M.A.No.498 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2021
CORAM:
THE HON'BLE Mr.JUSTICE D.KRISHNAKUMAR
C.M.A.No.498 of 2010
and
M.P.No.1 of 2010
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Division – 1, No.12, Ramakrishna Road,
Salem – 636 007.
... Appellant
..vs..
Minor Ammu
[Minor represented by her father/
Guardian Elumalai]
... Respondent
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to
set aside the award made in MCOP.No.346 of 2005 dated 10.08.2009 on the
file of the Motor Vehicles Accident Claims Tribunal and Chief Judicial
Magistrate, Cuddalore.
For Appellant : Mr.K.J.Sivakumar
For Respondent : No appearance
Page No.1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.498 of 2010
JUDGMENT
This Civil Miscellaneous Appeal is filed to set aside the award made in
MCOP.No.346 of 2005 dated 10.08.2009 on the file of the Motor Vehicles
Accident Claims Tribunal and Chief Judicial Magistrate, Cuddalore.
2. On 27.03.2005 at about 17.30 hours when the minor respondent/
claimant was waiting for the bus along with her parents and others on the
side of the Madapattu cross road, the appellant's TNSTC bus bearing
registration No.TN-27-N1445 came from Villupuram to Ulundurpet at a great
speed in a rash and negligent manner without blowing horn and hit the
minor respondent/ claimant and caused the accident. Immediately the
minor respondent/ claimant was admitted in G.H. Panruti and then shifted
to Government Head quarters Hospital, Cuddalore for further treatment.
For the injuries sustained by the claimant, she has filed the claim petition
before the Tribunal in MCOP.No.346 of 2005 for a compensation amount of
Rs.5,00,000/-.
3. Before the Tribunal, two witnesses were examined on the side of
the respondent/ claimant and Ex.P1 to Ex.P6 were marked. On the side of
Page No.2/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.498 of 2010
the respondent/ appellant driver of the bus was examined as a witness and
no exhibits were marked. After considering the oral and documentary
evidence, the Tribunal has awarded a total compensation of Rs.1,20,000/-
for the grievous injuries sustained by the respondent/ claimant. Against the
award passed by the the Tribunal, the Transport Corporation had filed the
present appeal before this court.
4. The learned counsel appearing for the appellant would deny 40% of
disability of the claimant and further has challenged the appeal for
awarding amounts under the heads of loss of amenities, mental agony and
for future medical expenses. Therefore, the award of the Tribunal is liable
to be set aside.
5. Heard the counsel for the appellant. Though notice served to the
respondent, none appeared for the respondent.
6. There is no dispute regarding the liability of the appellant to pay
compensation. Only question involved in the present appeal is quantum of
compensation awarded by the Tribunal. According to the appellant
Page No.3/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.498 of 2010
Transport Corporation, 40% of the disability has not been proved before the
Tribunal with necessary materials. On the contrary the respondent/
claimant has marked Ex.P5 Disability certificate and one Dr.V.Ramalingam
was examined as PW2 who had deposed before the Tribunal in support of
Ex.P5 and has assessed the disability of the respondent/ claimant at 40%.
Hence, the Tribunal had based on the evidence of PW2 as well as Ex.P5,
fixed the award amount at Rs.40,000/- for 40% disability suffered by the
minor respondent/ claimant.
7. As far as the other heads are concerned, the Tribunal has rightly
fixed the compensation amount towards pain and suffering, extra
nourishment, attendant charges, transport charges, loss of amenities and
medical expenses and shock and mental agony.
8. In view of the fact that the Tribunal has fixed fair and just
compensation for the respondent/ claimant there is no warrant to interfere
with the award of the Tribunal. Accordingly, the appeal is liable to be
dismissed.
Page No.4/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.498 of 2010
9. In fine, the Civil Miscellaneous Appeal is dismissed. There shall be
no order as to costs. Consequently, the connected miscellaneous petition is
closed.
09.02.2021
dsa
Index : Yes/ No
Internet : Yes/ No
Speaking order/ Non-speaking order
To
1.The Motor Accidents Claims Tribunal,
Chief Judicial Magistrate, Cuddalore.
2.The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Division – 1, No.12, Ramakrishna Road,
Salem – 636 007.
Page No.5/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.498 of 2010
D.KRISHNAKUMAR, J.,
dsa
CMA.No.498 of 2010
09.02.2021
Page No.6/6
https://www.mhc.tn.gov.in/judis/
