Madras High Court
The Managing Director vs Esthar on 29 January, 2021
C.M.A.No.167 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A. No.167 of 2021
and C.M.P. No.1115 of 2021
The Managing Director,
M/s.Tamilnadu State Transport
Corporation Limited,
New Railway Station Road,
Kumbakonam Town,
Tanjavur District. .. Appellant
Vs.
Esthar .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 25.07.2019, made
in M.C.O.P. No.91 of 2017, on the file of the Chief Judicial Magistrate,
(Motor Accident Claims Tribunal), Nagapattinam.
For Appellant : Mr. D.Venkatachalam
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C.M.A.No.167 of 2021
JUDGMENT
The matter is heard through "Video Conferencing".
This Civil Miscellaneous Appeal has been filed by the appellant-
Transport Corporation against the judgment and decree dated 25.07.2019,
made in M.C.O.P. No.91 of 2017, on the file of the Chief Judicial Magistrate,
(Motor Accident Claims Tribunal), Nagapattinam.
2.The appellant is the respondent in M.C.O.P. No.91 of 2017, on the
file of the Chief Judicial Magistrate, (Motor Accident Claims Tribunal),
Nagapattinam. The respondent/claimant 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 24.01.2017.
3.According to the respondent, on the date of accident, the respondent
rode her Bicycle at Nagapattinam to Vedaranyam road to go to the ATM
Womens College. While standing in the right side of the road to park the
Bicycle opposite to P.R. Puram Bus Stand, the driver of the Bus bearing
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C.M.A.No.167 of 2021
Registration No.TN-68-N-0342 belonging to the appellant-Transport
Corporation drove the same in a rash and negligent manner and dashed on the
Bicycle driven by the respondent and caused the accident. The accident
occurred due to negligent driving by driver of the Bus. In the accident, the
respondent sustained severe injuries and hence, filed the present claim
petition claiming compensation against the appellant as owner of the Bus
involved in the accident.
4.The appellant-Transport Corporation, filed counter statement and
denied all the averments made by the respondent in the claim petition.
According to the appellant, on the date of accident, when the driver of the
said Bus bearing Registration No.TN-68-N-0342 was driving the same very
slowly, carefully, cautiously, observing all the rules of the road towards
Nagapattinam, the respondent who was riding her Bicycle at the left hand
side of the road, opposite to P.R. Bus stand, suddenly moved to right side and
dashed on the Bus and invited the accident. The accident occurred only due to
negligent riding by the respondent. Hence, the appellant is not liable to pay
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C.M.A.No.167 of 2021
compensation to the respondent and prayed for dismissal of the claim
petition.
5.Before the Tribunal, the 1st respondent examined herself as P.W.1 and
marked 16 documents as Exs.P1 to P16. The appellant examined the driver of
the Bus involved in the accident as R.W.1, but did not mark any document.
The disability certificate was marked as Ex.C1.
6.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
driver of the Bus belonging to the appellant-Transport Corporation and
directed the appellant to pay a sum of Rs.10,36,375/- as compensation to the
respondent.
7.Against the said award dated 25.07.2019, made in M.C.O.P. No.91 of
2017, the appellant – Transport Corporation has come out with the present
appeal.
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C.M.A.No.167 of 2021
8.The learned counsel appearing for the appellant-Transport
Corporation contended that the Tribunal erred in relying on the evidence of
P.W.1 and Ex.P1 – FIR, which was registered against the driver of the Bus to
fix negligence on the driver of the Bus. The accident occurred when the
respondent who rode the Bicycle on the left side of the road, in front of the
Bus, suddenly turned towards right side of the road, negligently without
giving any signal and without seeing the upcoming vehicle. The Tribunal
ought to have fixed entire negligence on the respondent/rider of the Bicycle.
In the absence of any proof, the Tribunal erred in fixing the disability of the
respondent as 85%. The amounts awarded by the Tribunal towards disability
and pain and suffering are excessive and prayed for setting aside the award of
the Tribunal.
9.Heard learned counsel appearing for the appellant-Transport
Corporation and perused the materials available on record.
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C.M.A.No.167 of 2021
10.From the materials on record, it is seen that it is the case of the
respondent that while she was riding her Bicycle, the driver of the Bus
belonging to the appellant Transport Corporation drove the same in a rash
and negligent manner, dashed against the Bicycle and caused the accident. In
the accident, the respondent sustained grievous injuries and fracture. To
substantiate her contention, the respondent examined herself as P.W.1 and
marked FIR as Ex.P1 which was registered against the driver of the Bus. On
the other hand, it is the case of the appellant that respondent who was riding
the Bicycle in front of the Bus on the left hand side of the road suddenly
came to the right side, dashed on the Bus and caused the accident. In support
of their case, the appellant examined driver of the Bus as R.W.1 The Tribunal
taking into consideration the FIR registered against R.W.1, driver of the Bus,
the fact that the driver of the Bus or appellant has not given any complaint
against the respondent or filed any objection to the FIR which was registered
against the driver, accepted the evidence of P.W.1 and rejected the evidence
of R.W.1. The Tribunal also took note of the fact that the appellant has not
examined Conductor or any eye witness to substantiate their case and held
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C.M.A.No.167 of 2021
that accident occurred only due to rash and negligent driving by driver of the
Bus. There is no error in the finding of the Tribunal, warranting interference
by this Court.
11.As far as the quantum of compensation is concerned, the Tribunal
considering the age, avocation and income of the respondent, injuries
sustained by her in the accident and the disability certificate issued by the
Medical Board, Nagapattinam, granted compensation under different heads,
which are not excessive, warranting interference by this Court.
12.In the result, this Civil Miscellaneous Appeal is dismissed and the
amount awarded by the Tribunal at Rs.10,36,375/- together with interest at
the rate of 7.5% per annum from the date of petition till the date of deposit is
confirmed. The appellant-Transport Corporation is directed to deposit the
award amount along with interest and costs, less the amount 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.91 of 2017. On such deposit,
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C.M.A.No.167 of 2021
the respondent is permitted to withdraw the award amount with interest and
costs, after adjusting the amount, if any, already withdrawn, by filing
necessary applications before the Tribunal. Consequently, connected
Miscellaneous Petition is closed. No costs.
29.01.2021
Index : Yes/No
gsa
To
1.The Chief Judicial Magistrate,
(Motor Accident Claims Tribunal),
Nagapattinam.
2.The Section Officer,
V.R Section,
High Court, Madras.
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C.M.A.No.167 of 2021
V.M.VELUMANI, J.,
gsa
C.M.A. No.167 of 2021
29.01.2021
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