The Tamilnadu State Transport ... vs Vijayan
2021 Latest Caselaw 6320 Mad

                                                                           C.M.A.No.595 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.595 of 2021
                                              and C.M.P.No.3645 of 2021

                   The Tamilnadu State Transport Corporation Limited,
                   Rep. Through the Managing Director,
                   Rangapuram, Vellore.                                          .. Appellant

                                                           Vs.

                   Vijayan                                                      .. Respondent


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

                   Vehicles Act, 1988, against the judgment and decree dated 24.01.2020, made

                   in M.C.O.P. No.321 of 2017, on the file of the Special Sub Court, (Motor

                   Accident Claims Tribunal), Tirupattur.


                                         For Appellant     : Mr.K.J.Sivakumar




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https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A.No.595 of 2021



                                                  JUDGMENT

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

This Civil Miscellaneous Appeal has been filed by the appellant-

Transport Corporation to set aside the award of the Tribunal dated

24.01.2020, made in M.C.O.P. No.321 of 2017, on the file of the Special Sub

Court, (Motor Accident Claims Tribunal), Tirupattur.

2.The appellant is the respondent in M.C.O.P. No.321 of 2017, on the

file of the Special Sub Court, (Motor Accident Claims Tribunal), Tirupattur.

The respondent/claimant filed the 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 25.08.2017.

3.According to the respondent, on the date of accident, he was riding a

Motorcycle bearing Registration No.TN-23-AY-7002. Near 9th Kari Hair Pin

Bend, the driver of Bus bearing Registration No.TN-23-N-2001 belonging to

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https://www.mhc.tn.gov.in/judis/ C.M.A.No.595 of 2021

the appellant-Transport Corporation who was proceeding in front of the

motorcylce, on the Ponneri to Elagiri hills road, suddenly applied the brake

and caused the accident. Due to the rash and negligent driving by the driver

of the Bus, the Motorcycle driven by the respondent dashed on the Bus. 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.

4.The appellant-Transport Corporation filed counter statement and

denied all the averments made by the respondent in the claim petition.

According to the appellant, the accident occurred only due to rash and

negligent riding of Motorcycle by the respondent. FIR was also registered

against the respondent. Hence, the appellant is not liable to pay any

compensation to the respondent. In any event, the respondent has to prove his

age, avocation and income, injuries sustained and treatment taken, to claim

compensation. The total compensation claimed by the respondent is excessive

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and prayed for dismissal of the claim petition.

5.Before the Tribunal, the respondent examined himself as P.W.1 and

marked 7 documents as Exs.P1 to P7. The appellant examined the driver of

the Bus involved in the accident as R.W.1 and marked one document as

Ex.R1.

6.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.1,42,047/- as compensation to

the respondent.

7.To set aside the award of the Tribunal dated 24.01.2020, made in

M.C.O.P. No.321 of 2017, the appellant – Transport Corporation has come

out with the present appeal.

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8.The learned counsel appearing for the appellant/Transport

Corporation contended that the Tribunal failed to note that the accident has

occurred only due to rash and negligent riding of Motorcycle by the

respondent. The Tribunal ought not to have relied upon the evidence of P.W.1,

whose evidence was not corroborated by any other independent witness. The

Tribunal ought to have fixed entire negligence on the respondent considering

Ex.P1-the FIR registered against the respondent. The monthly income of

Rs.9,000/- fixed by the Tribunal and the sum of Rs.30,000/- granted towards

pain and sufferings are excessive. The total compensation awarded by the

Tribunal is excessive and prayed for setting aside the award of the Tribunal.

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

Corporation and perused the materials available on record.

10.It is the case of the respondent that while he was riding the

Motorcycle, the driver of the Bus belonging to the appellant/Transport

Corporation which was going ahead the Motorcycle, suddenly applied brake.

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Due to the said impact, the Motorcycle dashed on the Bus and thus the

accident occurred. To prove his case, the respondent examined himself as

P.W.1. On the other hand, it is the contention of the appellant/Transport

Corporation that while the Bus belonging to them was driven carefully, the

respondent drove the Motorcylce in a rash and negligent manner and dashed

against the Bus and thus the accident occurred. FIR was also registered

against the respondent. To prove their case, the appellant examined the driver

of the Bus as R.W.1. The appellant has not examined any independent witness

to prove their contention. R.W.1, the driver of the Bus is an interested

witness. FIR is not a cyclopedia. It is well settled that negligence cannot be

fixed relying on the FIR or judgments of the Criminal Court. The Tribunal

has to independently consider the evidence let in before it. The Tribunal

considering the evidence of P.W.1, victim and eye-witness to the accident and

failure on the part of the appellant to examine any independent eye-witness,

held that the accident has occurred only due to rash and negligent driving by

the driver of the Bus belonging to the appellant/Transport Corporation and

directed the appellant to pay the compensation to the respondent. There is no

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error in the said finding of the Tribunal warranting interference by this Court.

11.As far as the quantum of compensation is concerned, it is the case of

the respondent that in the accident, he sustained severe injuries and has taken

treatment as inpatient in Hospital for few days. To substantiate the same, he

has filed Accident Register and discharge summary marked as Exs.P2 and P4

respectively. The Tribunal considering the nature of injuries and treatment

taken by the respondent, granted a sum of Rs.30,000/- towards pain and

sufferings, which is not excessive. The respondent claimed that he was doing

Business and was earning a sum of Rs.20,000/- per month at the time of

accident. He failed to prove the same. In the absence of any material evidence

to prove the income, the Tribunal fixed a sum of Rs.9,000/- per month as

notional income and awarded compensation towards loss of income for one

month. The accident is of the year 2017. Considering the year of accident, 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, I find no

reason to interfere with the award of the Tribunal.

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

amount awarded by the Tribunal at Rs.1,42,047/- 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.321 of 2017. 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, connected

Miscellaneous Petition is closed. No costs.

10.03.2021

Index : Yes/No gsa

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To

1.The Special Subordinate Judge, (Motor Accident Claims Tribunal), Tirupattur.

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.595 of 2021

V.M.VELUMANI, J.,

gsa

C.M.A. No.595 of 2021

10.03.2021

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https://www.mhc.tn.gov.in/judis/