The Managing Director vs Andiappan
2021 Latest Caselaw 3192 Mad

                                                                          C.M.A.(MD).No.110 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 10.02.2021

                                                    CORAM

                             THE HONOURABLE MRS.JUSTICE J.NISHA BANU

                                          C.M.A(MD)No.110 of 2021 and
                                            CMP(MD) No.972 of 2021

                      The Managing Director,
                      Tamil Nadu State Transport Corporation,
                      Pudukottai,
                      Kumbakonam Division                                   Appellant

                                                    Vs.

                      Andiappan                                             Respondent

                      PRAYER:- Civil Miscellaneous Appeal is filed under Section 173 of the
                      Motor Vehicles Act, 1988, to set aside the impugned award passed in
                      M.C.O.P.No.347 of 2014, on the file of the Motor Accidents Claims
                      Tribunal cum Additional District Judge and Special Judge, Pudukottai,
                      dated 06.02.2019.

                                  For Appellant       : Mr.P.M.Vishnuvarthanan

                                                  JUDGMENT

This Civil Miscellaneous Appeal has been filed by the

appellant/Transport Corporation, against the award of Motor Accidents

Claims Tribunal cum Additional District Judge and Special Judge,

Pudukottai, made in M.C.O.P.No.347 of 2014, dated 06.02.2019.

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C.M.A.(MD).No.110 of 2021

2.The case of the claimant is that he was an agriculturist and

doing catering as well as timber business. On 10.02.2014, after

completing catering work in Alangudi Thirumana Mandapam, while his

friend, namely, Adaikalam was riding a Hero Honda two wheeler bearing

Reg.No.TN 55 C 6681, the claimant as a pillion rider coming near

Kuppakudi Bus Stand, a TNSTC bus bearing Reg.No.TN 55 0398 came

in a rash and negligent manner, without following traffic rules and

without horn dashed against the said two wheeler, due to which, the

claimant and his friend sustained severe injuries. The claimant admitted

in Thanjavur Medical College Hospital as inpatient and took treatment

upto 19.04.2014 and a surgery was also performed. Claiming a sum of

Rs.7,00,000/- as compensation, the claimant has preferred a claim

petition before the Tribunal.

3.The Tribunal, after considering the pleadings, oral and

documentary evidence and arguments of the counsel for the appellant

and claimants and also on appreciating the evidence on record, fastened

the liability on the appellant Transport Corporation and awarded a sum

of Rs.5,37,000/- along with interest at the rate of 7.5% per annum,

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C.M.A.(MD).No.110 of 2021

against which, the transport corporation preferred this Civil

Miscellaneous Appeal appeal questioning the liability.

4.Heard the learned counsel for the appellant and perused

the materials available on record.

5.Perusal of the order shows that the Tribunal taking into

consideration the First Information Report registered against the driver of

the TNSTC bus in Cr.No.42 of 2014, for the offences punishable under

Sections 279 & 337 of IPC as well as considering the claimant's

evidence, fastened the liability on the appellant Transport Corporation.

Though the driver of the bus was examined as DW 1, the same was

rejected by the Tribunal. As far as the compensation is concerned, the

Tribunal has awarded a compensation of Rs.5,37,000/-, taking into

consideration the medical records submitted by the claimant, more

particularly, the Disability Certificate, issued by the Pudukottai Medical

Board, to the effect that the petitioner sustained 45% permanent

disability, due to the said accident. Considering the nature of the job

done by the claimant, the Tribunal fixed his notional monthly income as

Rs.6,000/- and accordingly, the Tribunal assessed the loss of income as

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C.M.A.(MD).No.110 of 2021

Rs.4,53,600/-. In respect of other heads, the compensation awarded by

the Tribunal is just and reasonable. Therefore, this Court is not inclined

to interfere with the same. Accordingly, the award of the Tribunal is

confirmed.

6.In view of the above, the appellant / Transport

Corporation is directed to deposit the entire award amount with interest

at the rate of 7.5% p.a. within a period of eight weeks from the date of

receipt of a copy of this order, if not already deposited. The

respondent/claimant is permitted to withdraw the entire award amount

with interest and costs, without filing any formal petition.

7.The Civil Miscellaneous Appeal is dismissed.

Consequently, connected Miscellaneous Petition is also dismissed. No

costs.

10.02.2021

vrn Index:Yes/No Internet:Yes/No

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C.M.A.(MD).No.110 of 2021

To

1.Motor Accidents Claims Tribunal cum Additional District Judge and Special Judge, Pudukottai,

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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C.M.A.(MD).No.110 of 2021

J.NISHA BANU,J.

vrn

Order made in C.M.A(MD)No.110 of 2021 and CMP(MD) No.972 of 2021

10.02.2021

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