Madras High Court
The Managing Director vs Venkatachalam ... Petitioner/ on 4 March, 2021
C.M.A.No.1121 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 4.3.2021
CORAM:
THE HON'BLE Mr.JUSTICE D.KRISHNAKUMAR
Civil Miscellaneous Appeal No.1121 of 2013
M.P.No.1 of 2013
The Managing Director,
State Express Transport Corporation Ltd.,
Pallavan Salai, Chennai 600 002. ... Respondent/Appellant
..Vs..
Venkatachalam ... Petitioner/Respondent
Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the
Judgement and decree dated 14.6.2010 made in M.C.O.P.No.470 of 2008 on the
file of I Additional Subordinate Court (Motor Accidents Claims Tribunal) Salem.
For Appellant : Mr.K.Kathiresan
For Respondent : Notice served
*****
JUDGMENT
Brief facts of the claimant's case is as follows:
On 24.11.2007 at about 7.00 p.m. when the claimant was travelling
as a pillion rider along with one Boopathy who was riding a motorcycle bearing
registration No.TN-28-AB-4439 on the left side of the Attur - Salem main road,
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C.M.A.No.1121 of 2013
near Minnampalli bus stop, the appellant bus bearing registration No.TN-01-N-7069
came with great speed and the bus was driven by its driver in a rash and negligent
manner and hit the motorcycle, thereby caused accident. In the impact, the
petitioner sustained crushed and multiple grievous injuries all over the body
resulting in the petitioner suffered permanent disability and the petitioner was
admitted in hospital. Karipalli Police had registered a case in Cr.No.546 of 2007
under Section 279 and 338 of I.P.C. The petitioner has filed a claim petition
before the tribunal claiming compensation of Rs.10,00,000/- from the appellant
Corporation.
2. On the side of the claimants, P.W.1 to 3 were examined and
Ex.P1 to P18 were marked. On the side of the respondent, R.W.1 was examined
and no document was marked.
3. Tribunal, based on the oral and documentary evidence adduced
by both sides, came to the conclusion that due to rash and negligent driving of the
respondent bus by its driver, the accident occurred and awarded compensation of
Rs.4,86,521/-to the claimants along with interest at the rate of 7.5% per annum
from the date of claim petition till realization. The compensation awarded by the
tribunal under various heads are as follows:
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C.M.A.No.1121 of 2013
Heads Amount in Rs.
50% + 15 % Permanent disability 65,000/-
Loss of income 9000 x 6 54,000/-
Transport expenses 5,000/-
Extra Nourishment 20,000/-
Damages to clothes 5,000/-
Medical bills 2,49,931/-
X-Ray bill 460/-
C.T. Scan bill 2,000/-
Scan bill 130/-
Pain & Sufferings 30,000/-
Loss of earning capacity 30,000/-
Attendant charges 10,000/-
Chronic 15,000/-
Total : 4,86,521/-
4. Challenging the said award, the respondent Corporation has filed
the present appeal on the ground that contributory negligence on the part of the
petitioner, the accident occurred and the tribunal has awarded excessive
compensation under various heads.
5. Heard the learned counsel appearing for the appellant/Transport
Corporation and the learned counsel appearing for the respondent/claimant and
perused the materials available on record.
6. According to the learned counsel appearing for the appellant, no
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C.M.A.No.1121 of 2013
negligence on the part of the driver of the transport Corporation, due to the
negligence on the part of the injured, the accident occurred. The tribunal has
wrongly fixed the income of the injured as Rs.9000/- p.m. without any basis and
excessive amount has been awarded under other heads viz., loss of earning, loss of
earning capacity, Extra Nourishment and attendant charges. Therefore, the
present appeal has been filed to modify the said award.
7 Considering the oral and documentary evidence, tribunal has
awarded compensation of Rs.4,86,501/- to the claimant. Tribunal found that due
to the said accident, the petitioner suffered 50% and 15% disability totally 65%
permanent disability, tribunal has fixed Rs.1000/- per percentage towards
permanent disability. For loss of income for a period of six months, the tribunal
has awarded Rs.54,000/-. According to the appellant, no evidence was placed
before the tribunal to prove the income of the injured, however, it is stated that
he was a building contractor as well as Carpenter. Therefore, there is no excess
amount awarded by the tribunal. In sofar as the other heads are concerned,
tribunal has awarded reasonable and fair compensation to the injured.
Considering at any angle, there is no ground to interfere with the award passed by
the tribunal.
8. In view of the above, the appeal stands dismissed. No costs.
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C.M.A.No.1121 of 2013
Connected miscellaneous petition is closed.
4.03.2021
Speaking/Non Speaking order
Index: Yes/No
Internet: Yes/No
vaan
To
1. The I Additional Subordinate Judge (Motor Accidents Claims Tribunal) Salem
2. The Managing Director, State Express Transport Corporation Ltd.,
Pallavan Salai, Chennai 600 002.
3. The Section Officer, V.R.Section, Madras High Court, Chennai-104.
D.KRISHNAKUMAR, J.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1121 of 2013
vaan
Civil Miscellaneous Appeal No.1121 of 2013
M.P.No.1 of 2013
4.03.2021
https://www.mhc.tn.gov.in/judis/
