Madras High Court
The Managing Director vs P.Sivalingam on 26 February, 2021
C.M.A.No.539 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.539 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Bharathipuram,
Dharmapuri. .. Appellant
Vs.
P.Sivalingam .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
30.08.2013 made in M.C.O.P.No.1102 of 2013 on the file of the Motor
Accidents Claims Tribunal, Special Sub Court, Krishnagiri.
For Appellant : Mr.D.Venkatachalam
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 30.08.2013 made in M.C.O.P.No.1102 of 2013 on the file of the Motor
Accidents Claims Tribunal, Special Sub Court, Krishnagiri.
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C.M.A.No.539 of 2021
2.The appellant is the respondent in M.C.O.P.No.1102 of 2013 on the
file of the Motor Accidents Claims Tribunal, Special Sub Court, Krishnagiri.
The 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 19.06.2011.
3.According to respondent, on 19.06.2011, while he was driving the
motorcycle bearing Registration No.TN 29 K 4731 on the Hosur –
Uddanapalli road cautiously near Upparthamandrapalli bus stop, the driver of
the bus bearing Registration No.TN 29 N 2301 belonging to appellant-
Transport Corporation who was driving the bus behind the motorcycle driven
by the respondent, drove the bus in a rash and negligent manner without
observing any rules and dashed on the motorcycle driven by the respondent
and caused the accident. In the said accident, the respondent sustained
multiple grievous injuries. Immediately after the accident, he was taken to
Government Hospital, Hosur. Thereafter, he was admitted at Ashok Hospital,
Hosur for further treatment. Therefore, the respondent filed the said claim
petition claiming a sum of Rs.5,00,000/- as compensation for the injuries
sustained by him against the appellant-Transport Corporation.
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C.M.A.No.539 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 appellant to pay a sum of Rs.3,16,400/- as compensation to
the respondent.
5.Questioning the quantum of compensation awarded by the Tribunal
in the award dated 30.08.2013 made in M.C.O.P.No.1102 of 2013, the
appellant-Transport Corporation has come out with the present appeal.
6.The learned counsel appearing for the appellant contended that
P.W.2/Doctor assessed the disability of the appellant for a particular part of
the body at 40%. He has not assessed the disability for the whole body. The
Tribunal ought to have rejected the evidence of PW2 – Doctor and disability
certificate issued by him. The Tribunal ought not to have adopted multiplier
method for adopting compensation towards disability in the absence of any
material evidence to prove that the respondent suffered functional disability
and lost his earning capacity. The respondent has not filed any document to
prove his age, avocation and income. In the absence of any material, the
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C.M.A.No.539 of 2021
monthly income fixed by the Tribunal at Rs.4,000/- is excessive. The injuries
sustained by the respondent are only simple in nature. The amounts awarded
by the Tribunal towards pain and sufferings, extra nourishment, loss of
income and attendant charges are excessive. The total compensation awarded
by the Tribunal is 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 in the accident he sustained crush injury of right foot. He
underwent surgery for right back side of foot and ORIF with K wire of TN
Joint and wound debridement of Right foot and SSG right foot was done.
P.W.2/Doctor examined the respondent and certified that respondent suffered
40% disability and issued Ex.P6/disability certificate to that effect.
P.W.2/Doctor further certified that due to the crush injury of right foot, the
respondent is unable to walk as normal and his right leg is limping and
dragging. The Tribunal considering the evidence of P.W.2/Doctor,
Ex.P6/disability certificate issued by P.W.2/Doctor and nature of work done
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C.M.A.No.539 of 2021
by the respondent, fixed the functional disability of the respondent at 25%,
which is not excessive. At the time of accident, the respondent was earning a
sum of Rs.4,000/- per month by doing daily wages. The Tribunal considering
the evidence of respondent, fixed a sum of Rs.4,000/- per month as notional
income of the respondent as claimed by him. The accident occurred in the
year 2011 and the monthly income fixed by the Tribunal is not excessive. As
per Ex.P3/wound certificate, the age of the respondent was 27 years. The
Tribunal, following the judgment of the Hon'ble Apex Court reported in 2009
(2) TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs. Delhi
Transport Corporation & another], applied multiplier '17' and awarded a
sum of Rs.2,04,000/- towards loss of earning capacity and the same is proper.
The respondent was admitted as inpatient at Ashok Hospital, Hosur from
20.06.2011 to 26.06.2011. Considering the nature of injuries, evidence of
P.W.2/Doctor, period of treatment and the surgery underwent by the
respondent, the amounts awarded by the Tribunal under other heads are not
excessive warranting interference by this Court.
9.In the result, this Civil Miscellaneous Appeal is dismissed and a sum
of Rs.3,16,400/- awarded by the Tribunal as compensation to the respondent,
along with interest and costs is confirmed. The appellant-Transport
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C.M.A.No.539 of 2021
Corporation is 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.1102 of 2013 on the file of the Motor Accidents Claims
Tribunal, Special Sub Court, Krishnagiri. On such deposit, the 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
To
1.The Special Subordinate Judge,
Motor Accidents Claims Tribunal,
Krishnagiri.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.539 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.539 of 2021
26.02.2021
http://www.judis.nic.in
