The Managing Director vs S.Palaniammal
2021 Latest Caselaw 6315 Mad

                                                                           C.M.A.No.724 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 10.03.2021

                                                         CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                                C.M.A. No.724 of 2021

                   The Managing Director,
                   Tamilnadu State Transport Corporation Limited,
                   No.12, Ramakrishna Road,
                   Salem 636 007.                                                  .. Appellant

                                                           Vs.

                   S.Palaniammal                                                   .. Respondent


                   Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor

                   Vehicles Act, 1988, against the judgment and decree dated 17.03.2016, made

                   in M.C.O.P. No.657 of 2015, on the file of the Additional District Court,

                   (Motor Accident Claims Tribunal), Namakkal.


                                         For Appellant     : Mr. D.Venkatachalam




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                                                                            C.M.A.No.724 of 2021




                                                 JUDGMENT

(The matter is heard through Video Conferencing/Hybrid mode)

This Civil Miscellaneous Appeal has been filed by the appellant-

Transport Corporation challenging the quantum of compensation granted by

the Tribunal in the award dated 17.03.2016, made in M.C.O.P. No.657 of

2015, on the file of the Additional District Court, (Motor Accident Claims

Tribunal), Namakkal.

2.The appellant is the respondent in M.C.O.P. No.657 of 2015, on the

file of the Additional District Court, (Motor Accident Claims Tribunal),

Namakkal. The respondent/claimant filed the said claim petition, claiming a

sum of Rs.10,00,000/- as compensation for the injuries sustained by her in the

accident that took place on 24.09.2014.

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3.According to the respondent, on the date of accident, when she

alighted the Bus bearing Registration No.TN-30-N-0455 belonging to the

appellant-Transport Corporation at the Thathaiyangarpatty bus stop in

Namakkal to Salem NH 7 Main road, the driver of the Bus without noticing

the same, moved the Bus in a rash and negligent manner. Due to the same, the

respondent fell down and the rear wheel of the Bus ran over the respondent

and thus the accident occurred. In the accident, the respondent sustained

grievous injuries. The accident occurred only due to rash and negligent

driving by driver of the Bus. Hence, the respondent filed the claim petition

claiming compensation against the appellant as owner of the Bus involved in

the accident. The Tribunal considering the pleadings, oral and documentary

evidence, held that the accident occurred only 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.10,00,000/- as compensation to

the respondent.

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4.Questioning the quantum of compensation granted by the Tribunal in

the award dated 17.03.2016, made in M.C.O.P. No.657 of 2015, the appellant

– Transport Corporation has come out with the present appeal.

5.The learned counsel appearing for the appellant-Transport

Corporation contended that the respondent failed to prove her age, avocation

and income by any oral and documentary evidence. In the absence of any

evidence, the Tribunal ought not to have fixed the monthly income of the

respondent as Rs.6,500/-, which is excessive. The Tribunal erred in accepting

the 60% disability assessed by P.W.2 Doctor without following the medical

norms. In the absence of evidence to prove that the respondent suffered

functional disability. The Tribunal ought not to have adopted multiplier

method in awarding compensation towards disability. The total compensation

awarded by the Tribunal is excessive and prayed for reducing the

compensation granted by the Tribunal.

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6.Heard the learned counsel appearing for the appellant-Transport

Corporation and perused the materials available on record.

7.From the materials on record, it is seen that it is the contention of the

respondent that in the accident, she suffered compound fracture in her both

legs, head, chest and other injuries all over the body. P.W.2 Doctor examined

the appellant and certified that the appellant suffered 60% permanent

disability. P.W.2 Doctor deposed about the nature of injuries suffered by the

appellant. According to the appellant, at the time of accident, he was doing

Agricultural Labour work and was earning a sum of Rs.10,000/- per month.

Due to the injuries sustained in the accident, she lost her earning capacity and

suffered functional disability. The Tribunal considering the evidence of P.W.1,

P.W.2 and Ex.P10, fixed that the appellant suffered 45% functional disability

and adopted multiplier method to award compensation towards loss of

earning capacity. As far as the contention of the appellant with regard to

monthly income fixed by the Tribunal is concerned, in the absence of any

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material evidence to prove the avocation and income of the respondent, the

Tribunal fixed a sum of Rs.6,500/- per month as notional income. The

accident is of the year 2014. Considering the year of accident and nature of

work done by the respondent, the monthly income fixed by the Tribunal is not

excessive. The amounts awarded by the Tribunal under other heads are just

and reasonable and hence, there is no error in the award of the Tribunal,

warranting interference by this Court.

8.In the result, this Civil Miscellaneous Appeal is dismissed and the

amount awarded by the Tribunal at Rs.10,00,000/- 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.657 of 2015. On such deposit,

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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. No costs.

10.03.2021

Index : Yes/No gsa

To

1.The Additional District Judge, (Motor Accident Claims Tribunal), Namakkal.

2.The Section Officer, V.R Section, High Court, Madras.

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https://www.mhc.tn.gov.in/judis/ C.M.A.No.724 of 2021

V.M.VELUMANI, J.,

gsa

C.M.A. No.724 of 2021

10.03.2021

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