Madras High Court
The Managing Director vs Ravichandran on 22 January, 2021
CMA No.2148 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 22.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
CMA.No.2148 of 2010
The Managing Director,
Tamil Nadu State Transport Corporation,
Kumbakonam. .... Appellant/Respondent
Vs
Ravichandran ... Respondent/Claimant
This Civil Miscellaneous Appeal has been filed under
Section 173 of the Motor Vehicles Act, 1988, against the decree and
judgment dated 11.04.2009 passed by the Motor Accident Claims
Tribunal, Subordinate Judge, Mannarkudi in MCOP No.636 of 2006.
For Appellant : Mr.D.Venkatachalam
For respondent : No appearance
Page 1 of 8
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CMA No.2148 of 2010
JUDGMENT
Aggrieved over the orders passed by the Tribunal, the
Tamil Nadu State Transport Corporation, Kumbakonam has filed the
present appeal.
2. The claimant/respondent has filed a claim petition before
the Tribunal seeking compensation of Rs.5,00,000/- for the injuries
sustained by him in a road accident that took place on 22.07.2005.
3. The brief case of the claimant is as follows. On
22.07.2005, at about 6.15 am, the petitioner was driving a lorry bearing
registration No.TN-28-C-9577 along Tirumaiam-irupathur Main Road
and while nearing Pattanam Kammayee Corner, a bus bearing
registration No.TN.63-N-0826, which came from opposite side, hit the
lorry, thereby the claimant sustained grievous injuries all over his body
and he was admitted to Tirumayam government Hospital, where from,
referred to Tanjavur Medical College Hospital. According to the
claimant, the rash and negligent driving of the driver of the bus was the
cause of accident and since the respondent is the owner of the bus, the
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CMA No.2148 of 2010
respondent is liable to pay compensation to the claimant.
4. Before Tribunal, on the side of the claimant, the claimant
and Dr.Rajagopal were examined as PW1 and PW2 respectively and
Ex.P1 to Ex.P8 were marked. On the side of the respondent, one
witness was examined as RW1 and no documentary evidence was
adduced.
5. After analysing the evidence on record, the Tribunal
awarded a sum of Rs.95,000/- as compensation to the claimant under
various heads as extracted hereunder.
Sl Heads Amount in Rs.
No
1 Permanent Disability 59,000
(59 x 1000)
2 Pain and sufferings 15,000
3 Loss of income 15,000
4 other expenditure 6,000
Total 95,000
Aggrieved over the orders passed by the Tribunal the respondent/Tamil
Nadu State Transport Corporation has filed the appeal.
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CMA No.2148 of 2010
6. Heard the learned counsel for the appellant and I
have perused the materials on record. None appeared for the
respondent/claimant.
7. The learned counsel appearing for the appellant/ Tamil
Nadu State Transport Corporation submitted that the Trial Court has
erroneously accepted 59% permanent disability, which is on the higher
side and the Trial Court has not considered the fact that the claimant has
not impleaded the driver as well as the insurer of the vehicle in the
claim petition. He further submitted that the Trial Court has awarded an
excess amount of Rs.95,000/- as compensation to claimant and also
awarded 9% interest per annum for the said amount and hence, the
orders passed by the Trial Court warrants interference by this court.
8. Now the points for determination is
(i) Whether the compensation awarded by the
Tribunal is an excessive?
(ii) Whether the interest awarded by the Tribunal is
an excessive?
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CMA No.2148 of 2010
9. Point No.1:
A perusal of the orders passed by the Tribunal reveals that
it has considered the Disability Certificate Ex.P7 issued to the claimant
for his disablement in which, the disablement of the claimant was
assessed to 59%. The claimant has also examined Dr.Rajagopal as
PW2, who has given disability certificate Ex.P7 to the claimant and
based on the statement given by him and the Disability Certificate
Ex.P7, the Trial Court has fixed the 'Permanent Disability' of the
claimant as 59% and by calculating Rs.1,000/- per percentage, a sum of
Rs.59,000/- was awarded towards " Permanent Disability ". Further by
considering the fact that the claimant has sustained a fracture on his left
side tuber bone and right side tibia bone, the Tribunal has awarded a
sum of Rs.15,000/- towards " Pain and Sufferings" and also a sum of
Rs.15,000/- towards " Loss of Income". Therefore the above amounts
awarded by the Tribunal is perfectly just and reasonable and this court
does not find any fault on it. Therefore, the grounds raised by the
appellant that the compensation awarded by the Tribunal is on the
higher side is liable to be rejected.
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CMA No.2148 of 2010
10. Point No.2
The contention of the appellant is that the Tribunal has
awarded 9% interest on the compensation amount which is on the
higher side and hence, the same is liable to be scaled down. In the light
of the decisions rendered by the Honourable Supreme Court as well as
by this Court in various cases, the interest awarded by the Tribunal is
scaled down from 9% to 7.5% and the respondent is liable to pay
interest at the rate of 7.5% on the compensation amount of Rs.95,000/-
from the date of claim petition till the date of payment. The point is
answered accordingly.
11. In the result,
(i) the Civil Miscellaneous Appeal is partly allowed. No
costs.
(ii) The respondent/ Tamil Nadu State Transport
Corporation is directed to deposit the entire compensation amount as
awarded by the Tribunal, with interest at the rate of 7.5.% p.a. from the
date of claim petition till the date of deposit, less already deposited,
within a period of 6 months from the date of receipt of a copy of this
order.
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CMA No.2148 of 2010
(iii) On such deposit being made by the appellant/ Tamil
Nau State Transport Corporation, the claimant is at liberty to withdraw
the same, after following due process of law.
22.01.2021
mst
Index:Yes/No
Internet:Yes/No
Speaking/non Speaking order
To
The Managing Director,
Tamil Nadu State Transport Corporation,
Kumbakonam.
https://www.mhc.tn.gov.in/judis/
CMA No.2148 of 2010
D. KRISHNAKUMAR, J.
mst
CMA. No.2148 of 2010
22.01.2021
https://www.mhc.tn.gov.in/judis/
