Madras High Court
The Branch Manager vs K.Elangovan on 27 July, 2021
C.M.A.(MD)No.389 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated :27.07.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
C.M.A.(MD)No.389 of 2014
and M.P.(MD)No.2 of 2014
The Branch Manager,
Tamil Nadu State Transport Corporation Limited,
Karanthai,
Thanjavur. ..Appellant
Vs.
K.Elangovan .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the judgment and decree dated 19.01.2009, passed in
M.C.O.P.No.706 of 2005 on the file of the Motor Accidents Claims
Tribunal/Additional Sub Court, Thanjavur.
For Appellant : Mr.P.Prabhakaran
For Respondent : Mr.S.Deenadhayalan
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the award passed
in M.C.O.P.No.706 of 2005 dated 19.01.2009, on the file of the Motor Accidents
Claims Tribunal/Additional Sub Court, Thanjavur.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.389 of 2014
2.The appellant herein is the respondent and the respondent herein is the
claimant in the claim petition. The respondent herein has filed a claim petition in
M.C.O.P.No.706 of 2005, claiming compensation for the injuries sustained by the
claimant, in an accident that took place on 19.02.2005. The Tribunal has awarded a
sum of Rs.68,115/- (Rupees Sixty Eight Thousand One Hundred and Fifteen only) as
compensation. Against which, the appellant has preferred this appeal.
3.A brief substance of the claim petition in M.C.O.P.No.706 of 2005 is as
follows:
On 19.02.2005, at about 03.45 p.m., when the claimant was travelling as a
pillion rider in a TVS 50 bearing registration No.TN-49-E-2435, a bus bearing
registration No.TN-49-S-0479 was driven by its driver in a rash and negligent
manner came from the opposite direction dashed against the claimant's vehicle and
the claimant sustained injuries and he took treatment as 'inpatient' from 19.02.2005
till 22.02.2005. Then he took treatment as 'out patient'. The claimant claimed a sum
of Rs.3,00,000/- (Rupees Three Lakhs only) as compensation.
4.A brief substance of the counter filed by the respondent therein is as
follows:
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C.M.A.(MD)No.389 of 2014
The accident was not due to rash and negligent driving of the bus driver.
The claimant has to prove the mode of accident, nature of injury and the treatment
expenses.
5.On the side of the petitioner therein, two witnesses were examined and
seven documents were marked. On the side of the respondents therein, no witness
was examined and no document was marked. After trial, the Tribunal has awarded a
sum of Rs.68,115/- (Rupees Sixty Eight Thousand One Hundred and Fifteen only) as
compensation to be paid by the appellant herein. Against which, the appellant has
preferred this Civil Miscellaneous Appeal.
6.On the side of the appellant, it is stated that the Tribunal has calculated
the award amount wrongly. The Tribunal awarded a sum of Rs.1,500/- for each
percentage of the disability. The Tribunal fixed the disability as 18%. Instead of
calculating the compensation for disability as Rs.27,000/-, the Tribunal has wrongly
awarded Rs.37,000/-. The award of compensation under all other heads is excessive.
7.On the side of the respondent, it is admitted that there was an arithmetic
mistake in the calculation of the award amount.
8.A perusal of the records reveals that the Tribunal has awarded a sum of
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C.M.A.(MD)No.389 of 2014
Rs.1,500/- for each percentage of disability. For 18% disability, the Tribunal has
wrongly mentioned as Rs.37,000/- instead of Rs.27,000/- and the same has to be
corrected. The compensation awarded under all other heads are reasonable.
9.In the result, this Civil Miscellenaous Appeal is partly allowed. The
respondent is entitled to a sum of Rs.58,115/- (Rupees Fifty Eight Thousand One
Hundred and Fifteen only) as compensation with interest at the rate of 7.5% from the
date of the claim petition till the date of realization.
10.The appellant is directed to deposit Rs.58,115/- (Rupees Fifty Eight
Thousand One Hundred and Fifteen only) with 7.5% interest from date of the claim
petition till the date of realization and the amount if not deposited earlier, has to be
deposited within a period of 8 weeks from the date of receipt of copy of this order.
On such deposit, the respondent is permitted to withdraw the award amount with
proportionate interest after deducting any amount received by him earlier without
filing any formal petition before the Tribunal. Excess amount, if any deposited shall
be refunded to the appellant. The respondent is not entitled for interest for the default
period, if there is any. No Costs. Consequently, M.P.(MD)No.2 of 2014 is closed.
27.07.2021
Index : Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.389 of 2014
Note : In view of the present lock down owing to COVID – 19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
1.The Motor Accidents Claims Tribunal, Principal Sub Judge,
Thanjavur.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.389 of 2014
R. THARANI, J.
MRN
C.M.A.(MD)No.389 of 2014
27.07.2021
https://www.mhc.tn.gov.in/judis/
