Madras High Court
The Managing Director vs Lakshmamma on 23 February, 2021
C.M.A.No.453 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.453 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Bharathipuram,
Dharmapuri – 636 705. .. Appellant
Vs.
Lakshmamma .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
10.04.2014 made in M.C.O.P.No.220 of 2012 on the file of the Motor
Accidents Claims Tribunal, Sub Court, Hosur.
For Appellant : Mr.D.Venkatachalam
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 10.04.2014 made in M.C.O.P.No.220 of 2012 on the file of the Motor
Accidents Claims Tribunal, Sub Court, Hosur.
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C.M.A.No.453 of 2021
2.The appellant is the respondent in M.C.O.P.No.220 of 2012 on the
file of the Motor Accidents Claims Tribunal, Sub Court, Hosur. The
respondent filed the above said claim petition claiming a sum of Rs.5,00,000/-
as compensation for the injuries sustained by her in the accident that took
place on 02.12.2011.
3.According to respondent, on 02.12.2011 at about 01.30 P.M., she
along with the claimants in M.C.O.P.Nos.219, 221, 222, 225 & 226 of 2012
was travelling in the Mahindra Pickup Van (Luggage Tempo) bearing
Rgistration No. KA 05 C 8732 on Krishnagiri – Hosur NH-7 Road, from
Vannalvadi to Siddanapalli Village. Near Perandapalli Bridge, the driver of
the Tempo was driving the Tempo slowly behind the lorry which was
proceeding ahead of the Tempo. At that time, the driver of the bus bearing
Registration No.TN 29 N 1782 belonging to appellant-Transport Corporation,
drove the bus in a rash and negligent manner on the same direction at a high
speed in a rash and negligent manner, dashed behind the Tempo and caused
the accident. In the accident, the respondent sustained multiple injuries all
over her body. Immediately after the accident, the respondent was taken to
Government Hospital, Hosur. Thereafter, she has taken treatment as
outpatient from Dr.D.V.Gandhi, Orthopaedic Surgeon, Taluk Office Road,
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C.M.A.No.453 of 2021
Hosur. Therefore, the respondent filed the said claim petition claiming a sum
of Rs.5,00,000/- as compensation for the injuries sustained by her against the
appellant-Transport Corporation.
4.The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by the driver of the bus belonging to appellant-Transport Corporation
and directed the appellant to pay a sum of Rs.2,94,000/- as compensation to
the respondent.
5.Challenging the quantum of compensation awarded by the Tribunal
in the award dated 09.04.2014 made in M.C.O.P.No.220 of 2012, the
appellant-Transport Corporation has come out with the present appeal.
6.The learned counsel appearing for the appellant contended that the
respondent failed to prove her age, avocation and income. The percentage of
disability assessed by P.W.7/Doctor at 45% is on the higher side. In the
absence of any material evidence with regard to avocation and income, a sum
of Rs.6,000/- per month fixed by the Tribunal as notional income of the
respondent is excessive. The amounts awarded by the Tribunal under other
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C.M.A.No.453 of 2021
heads are highly excessive and prayed for setting aside the award passed by
the Tribunal.
7.Heard the learned counsel appearing for the appellant-Transport
Corporation and perused the entire materials on record.
8.From the materials available on record, it is seen that it is the case of
the respondent that she was aged 40 years, working as Coolie and was
earning a sum of Rs.9,000/- month. But she failed to prove the said
contention. It is the further contention of the respondent that in the accident
she sustained multiple grievous injuries all over the body. To prove the nature
of injuries and disability, she examined herself as P.W.2 and examined
Dr.D.V.Gandhi as P.W.7. P.W.7/Doctor examined the respondent and
certified that the respondent suffered 45% disability and issued
Ex.P14/disability certificate to that effect. P.W.7/Doctor also deposed that due
to the left knee tibial condyle fracture, the respondent is unable to climb up
and get down staircases, sit, squat, attend natural calls and unable to do hard
work as before. The Tribunal considering the evidence of P.W.7/Doctor
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C.M.A.No.453 of 2021
and Ex.P14/disability certificate, awarded a sum of Rs.1,35,000/- towards
disability at the rate of Rs.3,000/- per percentage of disability. The accident
occurred in the year 2011 and the compensation awarded by the Tribunal
towards disability is not excessive. The Tribunal considering the age, year of
accident and nature of work done by the respondent, fixed a sum of
Rs.6,000/- per month as notional income of the respondent and awarded a
sum of Rs.36,000/- as compensation towards loss of income for six months
and the same is not excessive. The Tribunal considering the nature of
injuries, disability and treatment taken by the respondent, awarded a sum of
Rs.2,94,000/- as compensation, which is not excessive warranting interference
by this Court.
9.In the result, this Civil Miscellaneous Appeal is dismissed and a sum
of Rs.2,94,000/- awarded by the Tribunal as compensation to the respondent,
along with interest and costs is confirmed. The appellant is directed to deposit
the award amount along with interest and costs, less the amout if any already
deposited, within a period of twelve weeks from the date of receipt of a copy
of this judgment to the credit of M.C.O.P.No.220 of 2012 on the file of the
Motor Accidents Claims Tribunal, Sub Court, Hosur. On such deposit, the
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C.M.A.No.453 of 2021
respondent is permitted to withdraw the award amount along with interest
and costs, after adjusting the amount, if any already withdrawn, by filing
necessary applications before the Tribunal. No costs.
23.02.2021
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Index : Yes / No
Internet : Yes / No
To
1.The Subordinate Judge,
Motor Accidents Claims Tribunal,
Hosur.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.453 of 2021
V.M.VELUMANI, J.
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C.M.A.No.453 of 2021
23.02.2021
http://www.judis.nic.in
