Madras High Court
The Managing Director vs Ravichandiran on 21 January, 2021
C.M.A.No.3742 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.3742 of 2019
and
C.M.P.No.21468 of 2019
The Managing Director
TNSTC, Sub Division Office at
Alamelurangapuram
Vellore, Vellore District. .. Appellant
Vs.
1.Ravichandiran
2.Ramamoorthy
3.IFFCO TOKIO General Insurance Company Ltd.
No.306-A, 1st floor
Katpadi main road
Virudhampet, Vellore District. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 24.10.2018 made
in M.C.O.P.No.2 of 2016 on the file of the Motor Accident Claims Tribunal,
II Additional District and Sessions Court, Vellore @ Ranipet.
1/10
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C.M.A.No.3742 of 2019
For Appellant : Mr.K.J.Sivakumar
JUDGMENT
This matter is heard through “Video-Conferencing”.
This Civil Miscellaneous Appeal has been filed by the
appellant/Transport Corporation against the award dated 24.10.2018 made in
M.C.O.P.No.2 of 2016 on the file of the Motor Accident Claims Tribunal, II
Additional District and Sessions Court, Vellore @ Ranipet.
2.The appellant/Transport Corporation is 1st respondent in
M.C.O.P.No.2 of 2016 on the file of the Motor Accident Claims Tribunal, II
Additional District and Sessions Court, Vellore @ Ranipet. The 1st
respondent filed the said claim petition claiming a sum of Rs.7,50,000/- as
compensation for the injuries sustained by him in the accident that took place
on 15.08.2013.
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C.M.A.No.3742 of 2019
3. According to the 1st respondent, on the date of accident i.e., on
15.08.2013 at about 8.30 a.m., while he was travelling as a pillion rider in
the motorcycle from Walajapet to Chittoor, near Seekarapuram Village in the
MBT Road, the 2nd respondent, the driver of the bus belonging to the
appellant/Transport Corporation, who was coming in the opposite direction,
drove the same in a rash and negligent manner, dashed against the 1st
respondent's motorcycle and caused the accident. In the accident, the 1 st
respondent sustained grievous injuries and therefore, filed the claim petition
claiming compensation against the appellant/Transport Corporation, 2nd
respondent/driver of the bus and the 3rd respondent/insurer of the motorcycle.
4.The 2nd respondent, driver of the bus, remained exparte before the
Tribunal.
5.The appellant/Transport Corporation filed counter statement denying
the averments made by the 1st respondent and contended that the driver of the
bus is not responsible for the accident. While the driver of the bus was
driving the bus in a careful manner, the rider of the motorcycle in which the
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C.M.A.No.3742 of 2019
1st respondent was travelling as a pillion rider, rode the motorcycle in a rash
and negligent manner, dashed on the centre of the bus and fell down. Due to
the said impact, the 1st respondent fell down and sustained injuries. The case
has been registered against the rider of the motorcycle viz., Kirankumar. The
rider of the motorcycle did not possess valid driving license to ride the
motorcycle and did not wear helmet at the time of accident. Therefore, the
appellant is not liable to pay any compensation to the 1 st respondent. The
appellant has also denied the age, avocation, income and nature of injuries
sustained by the 1st respondent. In any event, the total compensation claimed
by the 1st respondent is excessive and prayed for dismissal of the claim
petition.
6.Before the Tribunal, the 1st respondent examined himself as P.W.1
and nine documents were marked as Exs.P1 to P9. The appellant/Transport
Corporation examined one Ramamoorthy, the 2nd respondent, the driver of the
bus as R.W.1, but did not file any documents to prove their case. The Medical
Certificate issued by the Medical Board, Government Hospital, Vellore, was
marked as Ex.C1.
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C.M.A.No.3742 of 2019
7.The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
both the 2nd respondent, the driver of the bus belonging to the
appellant/Transport Corporation as well as the rider of the motorcycle, fixed
60 : 40 contributory negligence on the part of the driver of the bus and rider
of the motorcycle respectively, awarded a sum of Rs.3,19,516/- (Rs.94,000/-
+ medical expenses Rs.2,25,516/-) as compensation to the 1st respondent and
directed the appellant/Transport Corporation to pay a sum of Rs.2,81,916/-
being 60% of the award amount i.e., (Rs.56,400/- + medical expenses
Rs.2,25,516/-) as compensation to the 1st respondent and dismissed the claim
petition as against the 3rd respondent, insurer of the motorcycle.
8.Against the said award dated 24.10.2018 made in M.C.O.P.No.2 of
2016, the appellant/Transport Corporation has come out with the present
appeal.
9.The learned counsel appearing for the appellant/Transport
Corporation contended that the accident occurred only due to rash and
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C.M.A.No.3742 of 2019
negligent riding by the rider of the motorcycle, son of the 1 st respondent. The
rider of the motorcycle came in the opposite direction and dashed against the
bus belonging to the appellant. F.I.R. was registered only against the rider of
the motorcycle. The Tribunal ought not to have accepted interested witness of
P.W.1 and failed to consider that no independent witness was examined on the
side of the 1st respondent. The amount awarded by the Tribunal towards
medical expenses is not supported by any document. The total compensation
awarded by the Tribunal is excessive and prayed for setting aside the award
of the Tribunal.
10.Heard the learned counsel appearing for the appellant/Transport
Corporation and perused the entire materials on record.
11.It is the case of the 1st respondent that while he was travelling as a
pillion rider in the motorcycle driven by his son, the 2nd respondent, driver of
the bus drove the same in a rash and negligent manner, dashed against the
motorcycle and caused the accident. In the accident, the 1st respondent
sustained injuries. He has taken treatment in MIOT Hospital, Chennai, as
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C.M.A.No.3742 of 2019
in-patient and filed claim petition claiming compensation for the injuries. In
support of his case, he examined himself as P.W.1 and marked F.I.R., which
was registered against the rider of the motorcycle as Ex.P1, the judgment in
C.C.No.10 of 2015 on the file of the Special Judicial Magistrate's Court,
Ranipet, as Ex.P2, final report as Ex.P4, order in Crl.R.P.No.38 of 2014 on
the file of II Additional District Court, Vellore @ Ranipet as Ex.P5, certified
xerox copy of F.I.R. in Crime No.326 of 2017 as Ex.P6 and other medical
records. It is the contention of the appellant/Transport Corporation that the
rider of the motorcycle, which was coming in the opposite direction, rode the
same in a rash and negligent manner, dashed against the bus and caused the
accident. To substantiate the same, the appellant examined the 2nd respondent,
driver of the bus as R.W.1 and relied on F.I.R. registered against the rider of
the motorcycle. The Tribunal considering the materials placed before it, place
of accident especially the documents Exs.P2, P4 to P6, held that the accident
is head on collision at a turning point of over bridge, both the driver of the
bus as well as the rider of the motorcycle are responsible for the accident and
fixed 60% negligence on the driver of the bus belonging to the appellant and
40% negligence on the rider of the motorcycle in which the 1st respondent
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C.M.A.No.3742 of 2019
travelled as a pillion rider. The Tribunal has given valid reason for the said
finding and there is no error warranting interference by this Court.
12.As far as quantum of compensation is concerned, the 1 st respondent
has produced Ex.P7 medical bills issued by MIOT Hospital, Chennai. The
Tribunal considering Ex.P7/medical bills granted a sum of Rs.2,25,516/-
towards medical expenses, which is proper. The amounts granted by the
Tribunal under different heads are not excessive warranting interference by
this Court.
13.In the result, this Civil Miscellaneous Appeal is dismissed and the
sum of Rs.3,19,516/- awarded by the Tribunal as compensation to the 1st
respondent along with interest and costs is confirmed. The
appellant/Transport Corporation is directed to deposit a sum of Rs.2,81,916/-
(Rs.56,400/- being 60% of the award amount + medical expenses
Rs.2,25,516/-) 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 1st respondent
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C.M.A.No.3742 of 2019
is permitted to withdraw the amount awarded by the Tribunal along with
interest and costs, less the amount if any, already withdrawn. The appeal is
dismissed as against the 3rd respondent, insurer of the motorcycle.
Consequently, connected Miscellaneous Petition is closed. No costs.
21.01.2021
Index : Yes / No
kj
To
1.The II Additional District and Sessions Judge
(Motor Accident Claims Tribunal),
Vellore @ Ranipet.
2.The Section Officer,
VR Section,
High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3742 of 2019
V.M.VELUMANI,J.
Kj
C.M.A.No.3742 of 2019
and
C.M.P.No.21468 of 2019
21.01.2021
https://www.mhc.tn.gov.in/judis/
