Madras High Court
The Managing Director vs M.Petchiapan @ Venkat on 22 February, 2021
C.M.A(MD) No.176 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:22.02.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A(MD) No.176 of 2021
and
C.M.P(MD)No.1484 of 2021
The Managing Director,
The Tamil Nadu State Transport Corporation Limited,
Having Office at Bye pass Road,
Madurai.
.. Appellant/Respondent
vs.
M.Petchiapan @ Venkat ... Respondent/Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles
Act 1988, against the judgment and decree dated 06.12.2018 passed in
M.C.O.P.No.1541 of 2016 on the file of the Motor Accident Claims Tribunal (II
Additional District & Sessions Judge(FAC), Tirunelveli.
For Appellant : Mr.K.Sudalaiyandi
For Respondent : Mr.Robert Chandrakumar
1/7
https://www.mhc.tn.gov.in/judis/
C.M.A(MD) No.176 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the
appellant/Transport Corporation against the award, dated 06.12.2018 made in
M.C.O.P.No.1541 of 2016 on the file of the Motor Accident Claims Tribunal
(II Additional District & Sessions Judge(FAC), Tirunelveli.
2. The brief facts of the case are that on 07.12.2015, when the
respondent/claimant was riding his motorcycle bearing registration No.TN 22
AL 2140 in Vembakottai to Alangulam Main Road, near Kandyapuram Indira
Nagar, the bus bearing Registration No.TN 58 N0886 belongs to the
appellant/Transport Corporation came from the opposite direction in a rash and
negligent manner and dashed against the two wheeler. In that accident, the
respondent sustained multiple injuries all over his body. Therefore, claiming
compensation of Rs.50,00,000/- the respondent has filed the claim petition.
3. Before the Tribunal, resisting the claim petition filed by the
respondent/claimant, the appellant/Transport Corporation filed a counter stating
that the respondent only drove the vehicle in a rash and negligent manner and
invited the accident and therefore, they are not liable to pay compensation.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD) No.176 of 2021
4. Before the Tribunal, the respondent/claimant examined himself as
P.W.1 besides examining P.W.2-Dr.Poovalingam and marked Ex.P1 to Ex.P15.
On the side of the appellant/Transport Corporation, no oral or documentary
evidence was produced.
5. The Tribunal, after considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to the rash and negligent
driving of the Driver of the appellant/Transport Corporation and considering
the nature of the injuries sustained, directed them to pay a sum of
Rs.11,02,647/- to the respondent/claimant.
6. Against the award passed by the Tribunal, the appellant/transport
corporation has filed this present appeal challenging the quantum stating that
that due to the negligence of the claimant also the accident occurred. But, the
appellant had not let in any evidence to show that the respondent was negligent
and contributed to the accident, which is not supported by any evidence.
7. Perusal of the records shows that, after examining the
respondent/injured, the Doctor has opined indicating the following injuries:
https://www.mhc.tn.gov.in/judis/
C.M.A(MD) No.176 of 2021
“Right median and ulnar nerves are not stimulatable with
maximal stimulation;
Right median and ulnar sensory nerves are not stimulatable
with maximal stimulation;
Right axillary, nerve is not stimulatable with maximal
stimulation;
Surface eEMG done over deltoild, biceps ABP No Mup's
obtained;
Impression: The findings are S/O brachial Plexopathy
with comlete denervation and no evidence of recovery.”
8. Considering the nature of injuries sustained by the injured, the Doctor
has assessed the disability at 83.56%. The learned Judge without any reason
has reduced the same to 60%. Going by the nature of injuries sustained by the
respondent/injured, it ought to have been treated as 100% functional disability,
but the learned Judge has reduced the disability to 60% and therefore, in my
opinion, the award passed by the Tribunal is very low.
9. In view of the above, I am not inclined to interfere with the award
passed by the Tribunal.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD) No.176 of 2021
10. In the result, this Civil Miscellaneous Appeal is dismissed and the
award, dated 06.12.2018 made in M.C.O.P.No.1541 of 2016 on the file of the
Motor Accident Claims Tribunal (II Additional District & Sessions
Judge(FAC), Tirunelveli, is confirmed. The appellant/transport corporation is
directed to deposit the entire award amount with accrued interests and costs,
within a period of four weeks from the date of receipt of a copy of this order, if
not already deposited and on such deposit being made, the claimant is permitted
to withdraw the entire award amount with accrued interests and costs, less the
amount already withdrawn if any, by filing a proper application before the
Tribunal. No Costs. Consequently, connected Miscellaneous Petition is closed.
Index:Yes/No
Internet:Yes/No 22.02.2021
pm
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the
order may be utilized for official purposes,
but, ensuring that the copy of the order that
is presented is the correct copy, shall be the
responsibility of the advocate / litigant
concerned.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD) No.176 of 2021
To
1.The Motor Accident Claims Tribunal,
(II Additional District & Sessions Judge(FAC),
Tirunelveli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD) No.176 of 2021
J.NISHA BANU,J
pm/gns
JUDGMENT MADE IN
C.M.A(MD) No.176 of 2021
22.02.2021
https://www.mhc.tn.gov.in/judis/
