Madras High Court
The Managing Director vs A.K.Basha on 7 January, 2021
1
In the High Court of Judicature at Madras
Dated: 07.01.2021
Coram
The Honourable Mr. Justice D.KRISHNAKUMAR
C.M.A.No.702 of 2010
and M.P.No.1 of 2010
The Managing Director,
Tamil Nadu State Transport Corporation (Salem) Ltd.,
Dharmapuri Region,
Bharathipuram,
Dharmapuri. ... Appellant
..Vs..
A.K.Basha ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree passed
by the learned Additional District Judge, (MACT), Krishnagiri in
M.A.C.T.O.P. No.864 of 2007 dated 28.04.2009.
For Appellant : Mr.N.Anand
JUDGMENT
Aggrieved by the award passed by the learned Additional
District Judge, (MACT), Krishnagiri, the Tamil Nadu State Transport
Corporation (Salem) Ltd., has filed this appeal in M.A.C.T.O.P.
No.864 of 2007 dated 28.04.2009.
https://www.mhc.tn.gov.in/judis/
2. The brief facts of the case are as follows:-
a) On 28.01.2007, at about 6.30 p.m., while the claimant was
proceeding in his two wheeler near Central Theatre, Krishnagiri, the
Transport Corporation bus bearing registration No.TN-29-N-1001
which came in the opposite direction, driven by its driver in a rash
and negligent manner, hit the claimant, due to which, he has
sustained grievous injuries on his fore head, right knee, upper thigh,
right foot, left forearm, left hip etc. He was admitted in the hospital
and took treatment as in-patient from 29.01.2007 to 27.02.2007
and underwent various operations. A criminal case was also
registered against the driver of the Transport corporation in Crime
No.108 of 2007 under Sections 279 and 337 IPC. At the time of
accident, the claimant was aged about 52 years and earned about
Rs.7,500/- per month through his driver profession in TNSTC at
Hosur Depot. Due to the said accident, the claimant was unable to
perform his duties and therefore filed the claim petition seeking a
compensation of Rs.10 lakhs along with interest at the rate of 12%
p.a., from the date of accident.
https://www.mhc.tn.gov.in/judis/
b) The Transport corporation has filed counter statement
denying their negligence stating that the accident had occurred due
to the negligent driving of the rider of the two wheeler and the
owner and insurance company of the two wheeler are all necessary
parties to the claim petition and pleaded to dismiss the petition for
non joinder of necessary parties. They also denied the claim made
by the petitioner in respect of the claimant's age, occupation and
disability.
c) Before the Tribunal, on the side of the claimant, P.W.1 to
P.W.3 have adduced their evidences and Exs. P1 to P12 were
marked. On the side of the Transport corporation, only R.W.1 have
deposed the evidence and no documents have been marked.
d) The Tribunal after considering the oral and documentary
evidences, had rightly come to the conclusion that the accident had
only occurred due to the rash and negligent driving of the driver of
the Transport corporation bus and awarded a sum of Rs.2,93,736/-
as compensation along with 7.5% p.a. interest from the date of
petition till the date of realization to the claimant.
https://www.mhc.tn.gov.in/judis/
3. Aggrieved over the award passed by the Tribunal, the
present appeal has been preferred by the Transport Corporation.
4. On coming to the quantum awarded by the Tribunal, P.W.1
had deposed that he had suffered grievous injuries due to the said
accident and had produced the wound certificate Ex.P2, which
discloses that the claimant had suffered 55% permanent disability.
Hence, taking into account of Ex.P2 given by P.W.2/Dr. Gandhi, the
Tribunal had fixed the permanent disability of the claimant at 40%.
On considering Ex.P7/salary bills, the Tribunal had fixed his monthly
income at Rs.4,995/- and adopted 11 years of multiplier and fixed
the compensation as Rs.2,63,736/- for his permanent disability.
Apart from this, the claimant was granted a sum of Rs.30,000/-
towards medical bills, pain and sufferings, transportation, extra
nourishment and attendant benefits. In total, the claimant was
awarded a sum of Rs.2,93,736/- with interest at the rate of 7.5%
p.a. from the date of petition till the date of realization.
5. It is the contention of the appellant/Transport Corporation
that the petition has to be dismissed on the ground of non joinder of
https://www.mhc.tn.gov.in/judis/
necessary parties and also contended that the amount awarded by
the Tribunal is excessive and exorbitant. This Court on analyzing
the discussions made by the Tribunal is of the view that the Tribunal
had rightly come to the conclusion that the accident had occurred
only due to the rash and negligent driving of the driver of the
Transport Corporation bus and rejected the plea of dismissing the
claim petition on the ground of non joinder of necessary parties as
no rebuttable evidence has been adduced on the side of the
Transport Corporation and no documents have been marked
disproving the contention of the claimant. On coming to the
quantum arrived at by the Tribunal, taking into account the oral and
documentary evidence, the Tribunal had rightly fixed the monthly
income of the claimant at Rs.4,995/- based on Ex.P7, permanent
disability at 40% on Ex.P2 and adopted the appropriate multiplier
11 for the age of 52 years as per the dictum laid down by the
Hon'ble Apex Court in the case of Sarala Verma, 2009 ACJ 1298
(SC) .
6. I have carefully gone through the discussions made by the
Tribunal for arriving at the compensation of Rs.2,93,736/- based on
the evidences adduced before it and of the view that the same
https://www.mhc.tn.gov.in/judis/
warrants no interference. Hence, the appeal preferred by the
appellant/Transport Corporation is liable to be dismissed.
7. Considering the facts and circumstances of the case, the
Civil Miscellaneous Appeal is dismissed. The Transport Corporation
is directed to deposit the balance amount of the award passed by
the Tribunal if any to the credit of M.A.C.T.O.P. No.864 of 2007,
Additional District Court, MACT, Krishnagiri, within the period of 12
weeks from the date of receipt of a copy of this order. The claimant
is entitled to withdraw the same with proportionate interest on filing
appropriate petition. Consequently, connected Miscellaneous
Petition is closed. There shall be no orders as to costs.
07.01.2021
Index: Yes/No.
Internet: Yes/No.
DP
https://www.mhc.tn.gov.in/judis/
To
1.The Additional District Court,
(The Motor Accident Claims Tribunal)
Krishnagiri.
2.The Record Keeper,
V.R. Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
D.KRISHNAKUMAR.J,
DP
C.M.A.No.702 of 2010
and
M.P.No.1 of 2010
07.01.2021
https://www.mhc.tn.gov.in/judis/
