The Managing Director vs Akshaya
2021 Latest Caselaw 1556 Mad

                                                                             C.M.A.No.21 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 25.01.2021

                                                       CORAM:

                               THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                               C.M.A.No.21 of 2021
                                                      and
                                               C.M.P.No.144 of 2021

                    The Managing Director
                    M/s.Tamil Nadu State Transport Corporation
                    (Kumbakonam) Ltd.
                    Periyamilaguparai, Trichy-620 001.                       .. Appellant

                                                        Vs.

                    Akshaya                                                .. Respondent

                    Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor

                    Vehicles Act, 1988, against the judgment and decree dated 14.08.2019 made

                    in M.C.O.P.No.709 of 2018 on the file of the Motor Accident Claims Tribunal,

                    Special Sub Court, Krishnagiri.



                                       For Appellant    : Mr.D.Venkatachalam



                                                  JUDGMENT

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This matter is heard through “Video-Conferencing”.

This Civil Miscellaneous Appeal has been filed by the

appellant/Transport Corporation against the award dated 14.08.2019 made in

M.C.O.P.No.709 of 2018 on the file of the Motor Accident Claims Tribunal,

Special Sub Court, Krishnagiri.

2.The appellant/Transport Corporation is respondent in

M.C.O.P.No.709 of 2018 on the file of the Motor Accident Claims Tribunal,

Special Sub Court, Krishnagiri. The respondent filed the said claim petition

claiming a sum of Rs.50,00,000/- as compensation for the injuries sustained

by her in the accident that took place on 28.08.2017.

3. According to the respondent, on the date of accident i.e., on

28.08.2017 at about 4.30 a.m., while he was travelling as a passenger

along with his family members in a bus belonging to the appellant/Transport

Corporation from Salem to Trichy Road near Vathalai Police Station, the

driver of the bus drove the same in a rash and negligent manner, dashed

against the respondent and caused the accident. In the accident, the

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respondent sustained multiple injuries and therefore, filed the claim petition

seeking compensation against the appellant.

4.The appellant filed counter statement denying the averments made by

the respondent and contended that while the driver of the bus was proceeding

near Vathalai, a lorry came in the opposite direction at high speed and on

seeing this, the driver of the bus applied brake and stopped the bus on the

mud portion of the road to avoid accident, due to mud on the road, the wheel

of the bus jerked and dashed on the road side palm tree. The driver of the bus

was not responsible for the accident. Therefore, the appellant is not liable to

pay any compensation to the respondent. The appellant has also denied the

age, avocation, income and nature of injuries sustained by the respondent. In

any event, the total compensation claimed by the respondent is excessive and

prayed for dismissal of the claim petition.

5.Before the Tribunal, the respondent examined herself as P.W.1 and

marked 13 documents as Exs.P1 to P13. The appellant/Transport Corporation

examined one Chandrasekaran, the driver of the bus as R.W.1, but did not file

http://www.judis.nic.in C.M.A.No.21 of 2021

any documentary evidence.

6.The Tribunal, considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent driving by

the driver of the bus belonging to the appellant/Transport Corporation and

directed the appellant/Transport Corporation to pay a sum of Rs.19,95,701/-

as compensation to the respondent.

7.Against the said award dated 14.08.2019 made in M.C.O.P.No.709 of

2018, granting compensation to the respondent, the appellant/Transport

Corporation has come out with the present appeal.

8.Though the learned counsel appearing for the appellant/Transport

Corporation raised grounds with regard to negligence, at the time of

arguments, he restricted his arguments only with regard to quantum of

compensation granted by the Tribunal and contended that the Tribunal failed

to see that the appellant has not proved that she suffered functional disability

and lost her earning capacity. In the absence of any evidence with regard to

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functional disability, the Tribunal erred in adopting multiplier method to

award compensation by fixing 40% disability for loss of earning capacity.

The appellant was studying I year Msc., Agriculture and she was a non-

earning member. The Tribunal without considering the same, erred in fixing a

sum of Rs.14,000/- as monthly income of the appellant, which is excessive.

The amounts awarded by the Tribunal under different heads are excessive and

prayed for setting aside the award of the Tribunal.

9. Heard the learned counsel appearing for the appellant/Transport

Corporation and perused the entire materials available on record.

10. It is the contention of the respondent that in the accident, she

suffered functional disability and she lost her earning capacity and marital

prospects. As per Ex.P5, the Doctor certified that the appellant suffered 50%

disability. She was aged 21 years and was studying I year Msc. Agriculture at

the time of accident. She has marked M.sc. II year certificate as Ex.P10. She

has marked Bsc. Agriculture certificate as Ex.P9 to show that she has scored

good marks. The Tribunal considering the same, fixed a sum of Rs.10,000/- as

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monthly income of the appellant, granted 40% enhancement towards future

prospects, applied multiplier '18', fixed the disability of the respondent at 40%

and awarded a sum of Rs.12,09,600/- towards loss of earning capacity. The

appellant did not let in any contra evidence to the evidence of the appellant as

P.W.1 and Ex.P5/disability certificate. The Tribunal considering the age of the

appellant, qualification, nature of injuries sustained by her, awarded

compensation under different heads, which are not excessive warranting any

interference by this Court.

11.In the result, this Civil Miscellaneous Appeal is dismissed and the

sum of Rs.19,95,701/- 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 entire amount

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 respondent is

permitted to withdraw the entire amount awarded by the Tribunal along with

interest and costs, less the amount if any, already withdrawn. Consequently,

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connected Miscellaneous Petition is closed. No costs.

25.01.2021

Index : Yes / No kj

To

1.The Special Subordinate Judge (Motor Accident Claims Tribunal), Krishnagiri.

2.The Section Officer, VR Section, High Court, Chennai.

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V.M.VELUMANI,J.

Kj

C.M.A.No.21 of 2021 and C.M.P.No.144 of 2021

25.01.2021

http://www.judis.nic.in