Madras High Court
The Managing Director vs K.Gandhi on 11 November, 2021
CMA(MD).No.728 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD).No.728 of 2021
and MP(MD).No.6657 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation (Madurai) Ltd.,
Bye Pass Road, Madurai.
... Appellant
Vs.
K.Gandhi ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, to set aside the order dated 11.02.2020 passed in
M.C.O.P.No.226 of 2017 on the file of the Motor Accident claims
Tribunal(Chief Judicial Magistrate Court), Thoothukudi.
For Appellant : Mr.K.Sudalaiyandi
JUDGMENT
The Tamil Nadu State Transport Corporation, the respondent in
MCOP.No.226 of 2017 on the file of the Motor Accidents Claims Tribunal/
Chief Judicial Magistrate Court, Thoothukudi has filed the present appeal.
https://www.mhc.tn.gov.in/judis
CMA(MD).No.728 of 2021
2. The case of the claimant is as follows:
On 01.11.2016, the claimant was standing opposite to Kali Work
Shop along Tuticorin- Tiruchendur Road. At about 09.45 am, a bus bearing
Registration No.TN 58 N 2842 hit him, as a result of which, the claimant
fell down and sustained injuries all over his body. According to the
claimant, the rash and negligent driving on the part of the driver of the bus
belonging to the Transport Corporation was the cause of the accident and
hence the Transport Corporation is liable to pay compensation to him.
3. The learned Chief Judicial Magistrate, Motor Accident Claims
Tribunal, Thoothukudi after analysing the evidence on record, awarded a
compensation of Rs.11,73,000/- together with interest at the rate of 7.5%
per annum to the claimant and directed the Transport Corporation to pay
the same. Aggrieved over the order passed by the Tribunal, claimant has
filed the present appeal.
4. Heard Mr.K.Sudalaiyandi, learned counsel appearing for the
appellant. No appearance on behalf of the respondent.
https://www.mhc.tn.gov.in/judis
CMA(MD).No.728 of 2021
5. The learned counsel for the appellant submitted that the
Tribunal was wrong in fixing negligence on the part of the driver of the
Transport Corporation bus. The respondent / claimant had crossed the road
in a drunken mood, without following the traffic rules and regulations and
invited the accident. The claimant/respondent did not adduce any evidence
to show his actual income and hence, the Tribunal erred in fixing an
exorbitant amount of Rs.7,500/- as his monthly income. He therefore
prayed for reducing the compensation awarded by the Tribunal.
6. A perusal of the records shows that the appellant/Transport
Corporation did not adduce any evidence to prove that the accident has
occurred only due to the negligence on the part of the claimant/respondent.
Further, no evidence was adduced to prove that the claimant/respondent
was in a drunken mood at the time of accident. The Tribunal also
considered this fact and fixed the negligence on the part of the driver of the
Transport Corporation bus and the same is hereby confirmed. The
respondent did not adduce any evidence to prove his income. The accident
is of the year 2016 and the respondent/claimant has been working as
Security. Hence, the notional monthly income fixed by the Tribunal at Rs.
7,500/- is reasonable. Due to the accident, respondent/claimant has lost his
https://www.mhc.tn.gov.in/judis
CMA(MD).No.728 of 2021
left leg. Since he has been working as a security, he would definitely find it
difficult to continue his job and therefore, considering the claimant's future,
the Tribunal has awarded a reasonable amount for disability at a sum of Rs.
10,53,000/-. The other heads awarded by the Tribunal are also reasonable.
Hence, I do find any reason to interfere with the award passed by the
Tribunal.
7. In the result,
(i) The Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, the connected Miscellaneous Petition is closed.
(ii) The order passed by the Tribunal is confirmed.
(iii) The present appellant / Transport Corporation is directed to
deposit the compensation awarded by the Tribunal i.e., Rs.11,73,000/- (less
the amount already deposited, if any) together with interest at the rate of
7.5% per annum from the date of claim petition till the date of deposit to
the credit of MCOP.No.226 of 2017 on the file of the Motor Accident
Claims Tribunal / Chief Judicial Magistrate Court, Thoothukudi, within a
period of four weeks from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
CMA(MD).No.728 of 2021
(iv) On such deposit being made, the respondent / claimant is at
liberty to withdraw the same after following due process of law.
11.11.2021
tta
Index : Yes/No
Speaking / Non-speaking order
To
1.The Motor Accidents Claims Tribunal,
Chief Judicial Magistrate Court,
Thoothukudi.
2.VR Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
CMA(MD).No.728 of 2021
S.ANANTHI,J.,
tta
CMA(MD).No.728 of 2021
and MP(MD).No.6657 of 2021
11.11.2021
https://www.mhc.tn.gov.in/judis
