Madras High Court
The Managing Director vs Chinnappa Goundar on 19 February, 2021
C.M.A.No.438 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.438 of 2021
The Managing Director
No.12, Ramakrishna Road
Tamil Nadu State Transport Corporation
Salem-7. .. Appellant
Vs.
Chinnappa Goundar .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the judgment and decree dated 29.07.2013
made in M.C.O.P.No.659 of 2012 on the file of the Motor Accident Claims
Tribunal, Additional District Court, Namakkal.
For Appellant : Mr.D.Venkatachalam
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the
appellant/Transport Corporation to set aside the award dated 29.07.2013
made in M.C.O.P.No.659 of 2012 on the file of the Motor Accident Claims
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C.M.A.No.438 of 2021
Tribunal, Additional District Court, Namakkal.
2.The appellant/Transport Corporation is respondent in
M.C.O.P.No.659 of 2012 on the file of the Motor Accident Claims Tribunal,
Additional District Court, Namakkal. The respondent filed the said claim
petition claiming a sum of Rs.5,00,000/- as compensation for the injuries
sustained by him in the accident that took place on 12.07.2012.
3.According to the respondent, on the date of accident i.e., on
12.07.2012 at about 4.00 a.m., while he was riding a bullock cart on the left
side of the road towards Kavery River from College Road, near old bye-pass
road, Siva theatre junction at Velur, the driver of the bus, who was coming
behind the respondent, drove the same in a rash and negligent manner, hit
against the respondent and caused the accident. In the accident, the
respondent sustained grievous injuries all over the body and therefore, filed
the above claim petition claiming compensation against the appellant.
4.The Tribunal, considering the pleadings, oral and documentary
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C.M.A.No.438 of 2021
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the bus belonging to the appellant/Transport Corporation and
directed the appellant/Transport Corporation to pay a sum of Rs.3,20,900/- as
compensation to the respondent.
5.Challenging the quantum of compensation awarded by the Tribunal in
the said award dated 29.07.2013 made in M.C.O.P.No.659 of 2012, the
appellant/Transport Corporation has come out with the present appeal.
6.The learned counsel appearing for the appellant/Transport
Corporation contended that the respondent has not produced any valid
document to prove his age and income. The disability fixed by the Tribunal at
38% is on the higher side. The Tribunal erred in awarding compensation
separately towards loss of income and disability. The amounts awarded by the
Tribunal under different heads are excessive and prayed for setting aside the
award of the Tribunal.
7.Heard the learned counsel appearing for the appellant/Transport
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C.M.A.No.438 of 2021
Corporation and perused the entire materials available on record.
8.It is the contention of the respondent that in the accident, he suffered
fracture of fibia and tibia bones on right leg and sustained grievous injuries on
hand and shoulder. The respondent has taken treatment in the hospital as
in-patient for 12 days and plates and screws were fixed. The respondent
examined himself as P.W.1 and examined the Doctor as P.W.2 to prove the
nature of injuries. P.W.2/Doctor after examining the respondent, certified that
the respondent suffered 38% disability and issued Ex.P10/Disability
certificate. The respondent was working as an agriculturist and was earning a
sum of Rs.7,500/- per month at the time of accident. Due to the injuries
sustained in the accident, the respondent could not do the work as he was
doing earlier. The appellant/Transport Corporation did not let in any contra
evidence to disprove the disability certificate issued by P.W.2/Doctor. The
Tribunal accepting Ex.P10/Disability certificate, fixed the disability of the
respondent at 38% and adopted percentage method while awarding
compensation towards loss of income, which is proper. The accident is of the
year 2012 and a sum of Rs.2,000/- awarded by the Tribunal per percentage of
disability is meagre. The Tribunal fixed the age of the respondent at 70 years
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C.M.A.No.438 of 2021
as per Ex.P2/Wound certificate. The Tribunal considering the age, disability,
nature of injuries and period of treatment taken by the respondent, awarded
compensation under different heads, which are not excessive warranting
interference by this Court.
9.In the result, this Civil Miscellaneous Appeal is dismissed and the
sum of Rs.3,20,900/- 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 entire amount
awarded by the Tribunal along with interest and costs, less the amount
already deposited, if any, within a period of twelve weeks from the date of
receipt of a copy of this judgment. On such deposit, the respondent is
permitted to withdraw the entire amount awarded by the Tribunal along with
interest and costs, less the amount if any, already withdrawn. No costs.
19.02.2021
Index : Yes / No
kj
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C.M.A.No.438 of 2021
V.M.VELUMANI,J.
kj
To
1.The Additional District Judge
(Motor Accident Claims Tribunal),
Namakkal.
2.The Section Officer,
VR Section,
High Court,
Chennai.
C.M.A.No.438 of 2021
19.02.2021
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