Madras High Court
The Branch Manager vs Muthusamy on 26 February, 2021
C.M.A.No.543 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.543 of 2021
The Branch Manager,
Tamil Nadu State Transport Corporation Limited,
Rasipuram. .. Appellant
Vs.
1.Muthusamy
2.Madheswaran .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
24.02.2014 made in M.C.O.P.No.42 of 2012 on the file of the Motor
Accidents Claims Tribunal, Sub Court, Perundurai.
For Appellant : Mr.D.Venkatachalam
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 24.02.2014 made in M.C.O.P.No.42 of 2012 on the file of the Motor
Accidents Claims Tribunal, Sub Court, Perundurai.
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C.M.A.No.543 of 2021
2.The appellant is the 2nd respondent in M.C.O.P.No.42 of 2012 on the
file of the Motor Accidents Claims Tribunal, Sub Court, Perundurai. The 1 st
respondent filed the above 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 05.04.2011.
3.According to 1st respondent, on 05.04.2011 at about 12.00 hours,
while he was driving the moped bearing Registration No.TN 33 AX 6142 on
the left side of the Coimbatore – Perundurai NH 47 Main Road, near
Vijayamangalam KSP Petrol Bunk, the driver of the bus bearing Registration
No.TN 30 N 0864 belonging to appellant-Transport Corporation, drove the
bus in a rash and negligent manner from West to East direction without
observing the road traffic rules and dashed on the moped driven by the 1st
respondent and caused the accident. In the said accident, the 1 st respondent
was thrown away from the moped and sustained multiple grievous injuries all
over the body. Immediately after the accident, the 1st respondent was taken to
KMCH Hospital, Perundurai for first aid treatment. Thereafter, he was shifted
to KMCH Hospital, Erode for further treatment. Therefore, the 1st respondent
filed the said claim petition claiming a sum of Rs.5,00,000/- as compensation
for the injuries sustained by him against the 2nd respondent and appellant.
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C.M.A.No.543 of 2021
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 2nd respondent and appellant to pay a sum of Rs.2,00,000/- as
compensation to the respondent.
5.Questioning the quantum of compensation awarded by the Tribunal
in the award dated 24.02.2014 made in M.C.O.P.No.42 of 2012, the
appellant-Transport Corporation has come out with the present appeal.
6.The learned counsel appearing for the appellant contended that the
Tribunal ought not to have fixed the disability of the 1st respondent at 40%
merely relying on the evidence of P.W.2 & P.W.3/Doctors. The assessment of
disability by P.W.2 & P.W.3/Doctors is not in accordance with the Medical
norms. The 1st respondent failed to prove his age, avocation and income. The
amount awarded by the Tribunal towards medical expenses is not
corroborates by bills produced under Ex.P9. The total compensation awarded
by the Tribunal is excessive and prayed for setting aside the award passed by
the Tribunal.
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C.M.A.No.543 of 2021
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 1st respondent that in the accident he suffered grievous injuries on his
head, right leg, right eye, hip and all over the body. P.W.2/Doctor examined
the 1st respondent and certified that 1st respondent suffered 20% disability for
the head injuries sustained by him. Thereafter, P.W.3/ Eye Doctor examined
the 1st respondent and certified that 1st respondent suffered 30% disability for
the injuries sustained by him in his eye. The Tribunal considering the
evidence of P.W.2 & P.W.3/Doctors, fixed the disability of the 1st respondent
at 40% and awarded a sum of Rs.80,000/- for 40% disability and the same is
not excessive. The 1st respondent in the claim petition has claimed that he was
aged 45 years, working as Power Loom Maistry and was earning a sum of
Rs.3,000/- per month. He did not file any document to prove the same. In the
absence of any material document, the Tribunal fixed the notional income of
the 1st respondent at Rs.4,500/- per month and awarded a sum of Rs.27,000/-
towards loss of income for six months. The same is not excessive. The
Tribunal considering Ex.P9/medical bills, awarded a sum of Rs.39,380/-
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C.M.A.No.543 of 2021
towards medical expenses and the same is proper. The Tribunal considering
the entire materials on record, has awarded a sum of Rs.2,00,000/- as
compensation to the 1st respondent under different heads, which is not
excessive warranting interference by this Court.
9.In the result, this Civil Miscellaneous Appeal is dismissed and a sum
of Rs.2,00,000/- awarded by the Tribunal as compensation to the 1st
respondent, along with interest and costs is confirmed. The 2nd respondent and
the appellant-Transport Corporation are directed to deposit the award amount
along with interest and costs, less the amount 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.42 of 2012 on the file of the Motor Accidents
Claims Tribunal, Sub Court, Perundurai. On such deposit, the 1st 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.
26.02.2021
krk
Index : Yes / No
Internet : Yes / No
http://www.judis.nic.in
C.M.A.No.543 of 2021
V.M.VELUMANI, J.
krk
To
1.The Subordinate Judge,
Motor Accidents Claims Tribunal,
Perundurai.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.543 of 2021
26.02.2021
http://www.judis.nic.in
