Madras High Court
The Managing Director vs Jalenthiran on 1 July, 2021
C.M.A.No.4182 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.07.2021
CORAM:
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.4182 of 2019
and
C.M.P.No.23604 of 2019
The Managing Director,
Andhrapradesh State Road Transport Corporation Limited,
Musheerabad, Hyderabad. .. Appellant
Vs.
Jalenthiran .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
21.12.2017 made in M.C.O.P.No.272 of 2016 on the file of the Motor
Accidents Claims Tribunal, Chief Judicial Magistrate's Court, Vellore.
For Appellant : Ms.G.V.Shoba
For Respondent : Mr.C.Prabakaran
JUDGMENT
(The matter is heard through “Video Conferencing/Hybrid” mode.)
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 21.12.2017 made in M.C.O.P.No.272 of 2016 on the file of the Motor
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4182 of 2019
Accidents Claims Tribunal, Chief Judicial Magistrate's Court, Vellore.
2.The appellant is the respondent in M.C.O.P.No.272 of 2016 on the
file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate's
Court, Vellore. The respondent filed the above said claim petition claiming a
sum of Rs.10,00,000/- as compensation for the injuries sustained by him in
the accident that took place on 12.03.2013.
3.According to respondent, on 12.03.2013 at about 07.25 hours, while
he was riding the two wheeler near Chirvada Tank Bund Channel, K.V.Puram
Village, the driver of the bus bearing Registration No.AP 10 Z 7182
belonging to appellant-Transport Corporation, drove the same in a rash and
negligent manner and dashed against the respondent and caused the accident.
In the accident, the respondent sustained fracture on the right and left leg,
fracture on right hand and multiple injuries all over the body. Immediately
after the accident, the respondent was admitted in S.M.Hospital, Ranipet.
Therefore, the respondent filed the said claim petition claiming a sum of
Rs.10,00,000/- as compensation for the injuries sustained by him against the
appellant-Transport Corporation.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4182 of 2019
4.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 same in a careful manner and on seeing the
respondent, who was riding the motorcycle in a rash and negligent manner at
a high speed, he stopped the bus. But, the respondent lost his control and
balance over the motorcycle, came and dashed against the stationed bus, fell
down and sustained injuries. Therefore, the accident has occurred only due to
the negligence on the part of the respondent and there is no negligence on the
part of the driver of the bus. Hence, the appellant is not liable to pay any
compensation to the respondent. The appellant-Transport Corporation denied
the age, avocation, income, nature of injuries, disability, medical bills and
period of treatment taken by the respondent and stated that the quantum of
compensation claimed by the respondent is highly excessive and prayed for
dismissal of the claim petition.
5.Before the Tribunal, the respondent examined himself as P.W.1 and 5
documents were marked as Exs.P1 to P5. On behalf of the appellant, one
Vibhishna Naidu, Driver of the bus belonging to appellant was examined as
R.W.1 and no document was marked. The disability certificate of the
respondent was marked as Ex.C1.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4182 of 2019
6.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 and directed the
appellant to pay a sum of Rs.2,84,836/- as compensation to the respondent.
7.To set aside the award dated 21.12.2017 made in M.C.O.P.No.272 of
2016, the appellant-Transport Corporation has come out with the present
appeal.
8.The learned counsel appearing for the appellant contended that the
Tribunal came to the wrong conclusion that the driver of the bus belonging to
appellant was responsible to the accident only based on the evidence of
P.W.1 and Ex.P1/F.I.R., which was registered against him. The Tribunal
failed to consider the evidence of R.W.1-driver of the bus, whose evidence
proves that the accident has occurred only due to the negligence of the
respondent. The accident has occurred only due to the negligence of the
respondent and hence, the insurer of the motorcycle alone is liable to pay the
compensation. The Tribunal ought to have dismissed the claim petition on the
ground that the owner and insurer of the motorcycle driven by the respondent
were not impleaded as necessary parties in the claim petition. There are two
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4182 of 2019
vehicles involved in the accident and hence, contributory negligence has to
be fixed on the part of the respondent. The respondent who was in a drunken
mood has invited the accident and there is no negligence on the part of the
driver of the bus. In the absence of any documentary evidence with regard to
avocation and income, a sum of Rs.6,000/- per month fixed by the Tribunal as
notional income of the respondent is excessive. The Tribunal ought to have
fixed a sum of Rs.3,500/- per month as notional income of the respondent and
awarded compensation. A sum of Rs.75,000/- awarded by the Tribunal for
25% disability is highly excessive. The amounts awarded by the Tribunal
under other heads are highly excessive and prayed for setting aside the award
passed by the Tribunal.
9.The learned counsel appearing for the respondent made his
submissions in support of the award passed by the Tribunal and prayed for
dismissal of the appeal.
10.Heard the learned counsel appearing for the appellant-Transport
Corporation as well as the learned counsel appearing for the respondent and
perused the entire materials on record.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4182 of 2019
11.It is the case of the respondent that while he was riding the two
wheeler near Chirvada Tank Bund Channel, K.V.Puram Village, the driver of
the bus bearing Registration No.AP 10 Z 7182 belonging to appellant-
Transport Corporation, drove the same in a rash and negligent manner and
dashed against the respondent and caused the accident. To prove the said
contention, the respondent examined himself as P.W.1 and marked F.I.R. as
Ex.P1 and Final Report as Ex.P2 which was registered against the driver of
the bus belonging to appellant. On the other hand, it is the case of the
appellant that the driver of the bus drove the same in a careful manner and on
seeing the respondent, who was riding the motorcycle in a rash and negligent
manner at a high speed, he stopped the bus. But, the respondent lost his
control and balance over the motorcycle, came and dashed against the
stationed bus, fell down, sustained injuries and invited the accident. To prove
the said contention, the driver of the bus examined himself as R.W.1. R.W.1
in his evidence has deposed that the respondent only drove the motorcycle in
a rash and negligent manner and dashed on the right side headlight of the bus,
which was parked near 'S' Curve at K.V.Nagar. Further, R.W.1, in cross
examination has deposed that the Police have registered a case and filed
charge sheet against him. He further deposed that departmental proceedings
were also initiated against him. The appellant has neither filed the rough
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4182 of 2019
sketch nor filed the Motor Vehicle Inspector's Report to prove their case that
the accident has occurred only due to the negligence on the part of the
respondent. The appellant has not proved by acceptable evidence that the
respondent was in a drunken mood at the time of accident. Further, the
appellant has not lodged any complaint against the respondent and also has
not filed any objection to the F.I.R., which was registered against the driver
of the bus. The Tribunal considering the evidence of P.W.1, R.W.1, Exs.P1 &
P2, failure on the part of the appellant for not filing any rough sketch, Motor
Vehicle Inspector's Report, objection to the F.I.R. and not lodging any
complaint against the respondent, held that the accident has occurred only
due to the negligence on the part of 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.
12.As far as quantum of compensation is concerned, it is the case of the
respondent that in the accident he sustained fracture on right and left leg,
fracture on right hand and multiple injuries all over the body. To prove the
nature of injuries and disability, he marked the wound certificate as Ex.P3
and the disability certificate issued by the Medical Board, Vellore as Ex.C1.
The Tribunal considering Ex.C1/disability certificate, has awarded a sum of
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4182 of 2019
Rs.75,000/- for 25% disability at the rate of Rs.3,000/- per percentage of
disability and the same is not excessive. The respondent in the claim petition
has claimed that at the time of accident, he was aged 49 years, doing Retail
Cloth Business and was earning a sum of Rs.25,000/- per month. Except oral
evidence, the respondent has not filed any document to prove the avocation
and income. The Tribunal considering the year of accident and rise in cost of
living, fixed a sum of Rs.6,000/- per month as notional income of the
respondent and awarded a sum of Rs.36,000/- towards loss of income for six
months and the same is just and reasonable. The respondent has taken
treatment in the Scudder Memorial Hospital, Ranipet as inpatient from
12.03.2013 to 27.03.2013 and underwent surgery on 18.03.2013. Considering
the nature of injuries, period of treatment taken and the disability suffered by
the respondent, the amounts awarded by the Tribunal towards medical bills,
pain and sufferings, attendant charges, extra nourishment and transportation
are not excessive. The Tribunal considering the entire materials on record,
has awarded a sum of Rs.2,84,836/- as compensation to the respondent,
which is not excessive warranting interference by this Court.
13.In the result, this Civil Miscellaneous Appeal is dismissed and a
sum of Rs.2,84,836/- awarded by the Tribunal as compensation to the
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4182 of 2019
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 amount if any 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.272 of 2016 on the file of the Motor Accidents Claims
Tribunal, Chief Judicial Magistrate's Court, Vellore. 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.
01.07.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Chief Judicial Magistrate,
Motor Accidents Claims Tribunal,
Vellore.
2.The Section Officer,
VR Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.4182 of 2019
S.KANNAMMAL, J.
krk
C.M.A.No.4182 of 2019
01.07.2021
https://www.mhc.tn.gov.in/judis/
