Madras High Court
The Managing Director vs Sowbarnahan on 22 January, 2021
C.M.A.No.4119 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.4119 of 2019
and
C.M.P.No.23251 of 2019
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Villupuram Division I,
Tiruvannamalai Region,
Office at, New Bye Pass Road,
Near Collectorate Complex,
Vengikkal Village,
Tiruvannamalai. .. Appellant
Vs.
Sowbarnahan .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
27.07.2018 made in M.C.O.P.No.87 of 2017 on the file of the Motor
Accidents Claims Tribunal, Special Sub Court, Tiruvannamalai.
For Appellant : Mr.K.J.Sivakumar
For Respondent : No appearance
JUDGMENT
The matter is heard through "Video Conferencing".
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C.M.A.No.4119 of 2019
2.This Civil Miscellaneous Appeal has been filed against the award
dated 27.07.2018 made in M.C.O.P.No.87 of 2017 on the file of the Motor
Accidents Claims Tribunal, Special Sub Court, Tiruvannamalai.
3.The appellant is the respondent in M.C.O.P.No.87 of 2017 on the file
of the Motor Accidents Claims Tribunal, Special Sub Court, Tiruvannamalai.
The respondent filed the above said claim petition claiming a sum of
Rs.15,00,000/- as compensation for the injuries sustained by him in the
accident that took place on 21.07.2016.
4.According to respondent, on 21.07.2016 at about 03.00 hours, while
he was riding his motorcycle on the extreme left side of the Big Street in
Tiruvannamalai Town from East to West, the driver of the bus belonging to
appellant-Transport Corporation, who was driving the bus from Bangalore to
Tiruvannamalai, drove the bus in a rash and negligent manner and suddenly
turned the bus towards Big Street at a high speed and dashed against the
motorcycle rode by the respondent and caused the accident. In the accident,
the respondent suffered fractures on his right ankle, injuries on left fore arm,
elbow, right hand and multiple injuries all over his body. Immediately after
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C.M.A.No.4119 of 2019
the accident, the respondent was taken to Government Tiruvannamalai
Medical College Hospital, Tiruvannamalai and thereafter he was taken to
MIOT Hospital, Chennai for further treatment. Therefore, the respondent
filed the said claim petition claiming a sum of Rs.15,00,000/- as
compensation against the appellant-Transport Corporation.
5.The appellant-Transport Corporation filed counter statement and
denied all the averments made by the respondent. According to the appellant,
the driver of the bus drove the bus cautiously at a moderate speed by
following the road traffic rules from Bangalore to Tiruvannamalai. While the
driver of the bus was turning the bus opposite to Krishna Lodge at Big Street,
he saw the respondent riding the unregistered motorcycle from the opposite
direction without wearing helmet and by not following the road traffic rules.
On seeing the negligent riding of the motorcycle by the respondent, the driver
of the bus applied brakes and stopped the bus. Eventhough the bus was
stopped, the respondent got feared on seeing the bus, dashed on the front
right bumper of the bus while he tried to turn the motorcycle to the left side
and invited the accident. Therefore, the accident has not occurred due to the
negligence on the part of the driver of the bus belonging to appellant,
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C.M.A.No.4119 of 2019
whereas the accident has occurred only due to the negligence on the part of
the respondent. There was no valid Fitness Certificate for the motorcycle rode
by the respondent. The respondent would have averted the accident, had he
rode the motorcycle by wearing helmet and by following the road traffic
rules. Therefore, the appellant is not liable to pay any compensation to the
respondent. Further, the respondent took treatment in a Private Hospital only
with an intention to get more compensation from the appellant-Transport
Corporation. The respondent denied the age, avocation, nature of injuries,
disability, medical expenses and period of treatment taken by the respondent.
In any event, the quantum of compensation claimed by the respondent is
highly excessive and prayed for dismissal of the claim petition.
6.Before the Tribunal, the respondent examined himself as P.W.1 and
one Venkatesan, eyewitness to the accident was examined as P.W.2 and 5
documents were marked as Exs.P1 to P5. On behalf of the appellant, Palani,
Driver of the bus and Kamalanadhan, Conductor of the bus belonging to
appellant were examined as R.W.1 and R.W.2 and has not filed any
document. The Medical Report issued by the Medical Board at Government
Tiruvannamalai Medical College and Hospital was marked as Ex.C1.
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C.M.A.No.4119 of 2019
7.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.7,50,000/- as compensation to
the respondent.
8.Against the said award dated 27.07.2018 made in M.C.O.P.No.87 of
2017, the appellant-Transport Corporation has come out with the present
appeal.
9.Mr.K.J.Sivakumar, learned counsel appearing for the appellant
contended that the Tribunal erred in accepting the evidence of P.W.1, which
is not corroborated by any independent witness. The Tribunal erred in
disbelieving the evidence of R.W.1/driver of the bus. The Tribunal ought to
have accepted the evidence of R.W.1 and fixed negligence on the part of the
respondent by considering the F.I.R., which was registered against the
respondent. In any event, the quantum of compensation granted for pain and
sufferings is excessive. The amount awarded by the Tribunal towards medical
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C.M.A.No.4119 of 2019
expenses is without any valid documents and prayed for setting aside the
award passed by the Tribunal.
10.Though notice has been served on the respondent and his name is
printed in the cause list, there is no representation, either in person or through
counsel.
11.Heard Mr.K.J.Sivakumar, learned counsel appearing for the
appellant-Transport Corporation and perused the entire materials on record.
12.It is the case of the respondent that the accident has occurred while
he was riding the motorcycle, the driver of the bus belonging to appellant
drove the bus in a rash and negligent manner and dashed against the
motorcycle and caused the accident. In the accident, the respondent suffered
multiple injuries and claimed compensation against the appellant-Transport
Corporation. In support of his case, the respondent examined himself as
P.W.1 and examined one Venkatesan, eyewitness to the accident as P.W.2
and marked F.I.R. as Ex.P1. On the other hand, it is the case of the appellant-
Transport Corporation that respondent only rode the motorcycle in a rash and
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C.M.A.No.4119 of 2019
negligent manner and dashed against the bus and invited the accident. It is the
further case of the appellant that F.I.R. was registered only against the
respondent. In support of their case, the Driver of the bus was examined as
R.W.1 and Conductor of the bus was examined as R.W.2. The Tribunal
considering the averments in the counter statement, evidence of R.W.1 &
R.W.2, found contradiction in the evidence of R.W.1 and R.W.2 to the
averments in the counter statement filed by the appellant and also
contradictions in the evidence of R.W.1 & R.W.2. In view of the
contradictions, the Tribunal did not accept the evidence of R.W.1 & R.W.2.
13.From the materials on record, it is seen that F.I.R. was lodged by
R.W.2/Conductor of the bus, who is an interested person. The respondent has
stated that due to the injuries, he has taken treatment in the Hospital. Taking
advantage of the same, R.W.2 lodged false complaint against the respondent.
The Tribunal accepted the evidence of respondent as P.W.1 and
P.W.2/eyewitness and held that accident has occurred only due to rash and
negligent driving by the driver of the bus belonging to appellant-Transport
Corporation. There is no error in the said finding of the Tribunal warranting
interference by this Court.
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C.M.A.No.4119 of 2019
13.As far as quantum of compensation is concerned, the Tribunal
considered Ex.P5/photographs along with C.D. and held that scars on the
respondent caused disfigurement in the left hand and right leg. Considering
the injuries sustained by the respondent, the Tribunal has granted a sum of
Rs.1,50,000/- towards pain and sufferings. The Tribunal has not granted any
amount for disfigurement and loss of amenities separately. The Tribunal
considering Ex.P2/Medical Bill issued by MIOT Hospital, Chennai for a sum
of Rs.4,75,837/- granted a sum of Rs.4,85,000/- for medical expenses and
transportation. In view of the same, the amounts awarded by the Tribunal
towards pain and sufferings and medical expenses are not excessive and the
same are not interfered with. The total compensation awarded by the Tribunal
is not excessive warranting interference by this Court.
14.In the result, this Civil Miscellaneous Appeal is dismissed and a
sum of Rs.7,50,000/- awarded by the Tribunal as compensation to the
respondent, along with interest and costs is confirmed. The appellant-
Transport Corporation is directed to deposit the award amount along with
interest and costs, less the amout if any already deposited, within a period of
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C.M.A.No.4119 of 2019
twelve weeks from the date of receipt of a copy of this judgment to the credit
of M.C.O.P.No.87 of 2017 on the file of the Motor Accidents Claims
Tribunal, Special Sub Court, Tiruvannamalai. 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. Consequently, the connected Miscellaneous
Petition is closed. No costs.
22.01.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Special Subordinate Judge,
Motor Accidents Claims Tribunal,
Tiruvannamalai.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4119 of 2019
V.M.VELUMANI, J.
krk
C.M.A.No.4119 of 2019
22.01.2021
https://www.mhc.tn.gov.in/judis/
