Madras High Court
The Managing Director vs Deepak Raja on 15 November, 2021
C.M.A. No.2672 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :15.11.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MRS. JUSTICE S.KANNAMMAL
C.M.A. No.2672 of 2021
and C.M.P.No.15286 of 2021
The Managing Director
Tamil Nadu State Transport Corporation
Bypass Road, Madurai-10. ...appellant
Vs.
1.Deepak Raja
A memory loss patient due to the accident
(Rep. By his guardian and n/f -C.Rajendaran)
2.Vivekanandan ...respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988, to set aside the decree and judgment dated 11.03.2019
made in M.C.O.P.No.185 of 2015 on the file of the Motor Accident Claims
Tribunal, Sub Judge, Udumalpet.
For Appellant : Mr.L.Ramanathan
for Mr.D.Venkatachalam
For Respondents
for R1 : Mr.D.R.Arunkumar
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C.M.A. No.2672 of 2021
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J]
Questioning the award passed by the Motor Accident Claims
Tribunal, Sub Judge, Udumalpet, in MCOP.No.185 of 2015, dated
11.03.2019, the present appeal has been filed by the Transport Corporation.
2.This is a case of injury. According to the claimant, on 28.07.2014,
he was riding a motor cycle bearing Registration No.TN 41 H 4123, along
Madurai – Dindugal Main Road and when he was nearing Samayanallur
Railway Bridge, a Bus bearing Registration No.TN 58 N 2188 came on the
same direction in a rash and negligent manner, hit against the motor cycle
and caused the accident . Due the impact, the claimant was thrown out of
the vehicle and sustained grievous injuries. He sought compensation of
Rs.75,00,000/- alleging that the accident was occurred due to the negligence
of the driver of the bus/2nd respondent herein.
3.Resisting the claim petition, the Transport Corporation filed its
counter disputing the manner of accident, age, avocation and income of the
deceased and its liability to pay the compensation.
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4.To substantiate the case, on the side of the claimants PW1 and PW2
were examined and Exs.P1 to P18 were marked. On the side of the
Insurance Company, RW1 was examined and no documents were marked.
5.The Tribunal, after considering the oral and documentary evidence
held that the accident had occurred due to the negligence of the driver of the
bus/2nd respondent and awarded a compensation of Rs.59,67,692/- along
with the interest at the rate of 7.5% p.a.,. Assailing the award, the
appellant/Transport Corporation has filed the present appeal.
6.Heard the learned counsels appearing on either side and perused the
materials available on record.
7.This appeal has been filed only challenging the quantum, hence, the
other issues need not be dealt with herein.
8.It is the submission of the learned counsel for the appellant /
Transport Corporation that the Tribunal awarded an exorbitant amount of
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C.M.A. No.2672 of 2021
Rs.59,67,692/- as compensation without any valid proof and has contended
that the award is on the higher side by wrongly fixing monthly income of
the claimant as Rs.21,000/- with 40% future prospects and it requires
reduction. He would further contend that the Tribunal erred in awarding
Rs.17,23,811/- towards medical expenses and Rs.5,76,000/- for attendant
charges. The learned counsel would further contend that the Tribunal has
granted a sum of Rs.1,00,000/- for pain and suffering, which is highly
excessive and unreasonable. Hence, he seeks reduction of the award
amount.
9.Per contra, the learned counsel appearing for the 1st
respondent/claimant would submit that the impugned Judgment and Decree
awarding the aforesaid compensation is well reasoned and it requires no
interference and therefore, the Civil Miscellaneous Appeal is liable to be
dismissed.
10.It is seen from the records that the claimant at the age of 30 years
met with an accident and sustained fracture and grievous injuries all over
the body. Ex.P.6 shows that he had taken treatment for the head injury as
in-patient from 28.07.2014 to 19.10.2014. During the treatment he
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C.M.A. No.2672 of 2021
underwent surgeries. The Medical Board assessed his disability at 82%.
Ex.P.9 and 16 are the bills marked to prove that an amount of
Rs.17,23,811/- has been spent for medical expenses.
11.The Tribunal by properly appreciating the the facts and
circumstances of this case awarded the compensation under various heads
and they are just and reasonable. However, this Court is of the view that the
amount awarded under the head of 'attendant charges' needs modification.
Therefore, this Court awards Rs.3,00,000/- instead of Rs.5,76,000/- under
the head of 'attendant charges'. All other amounts awarded under various
heads are hereby confirmed.
12.In view of the above modification, the Civil Miscellaneous Appeal
is partly allowed and the award amount of Rs.59,67,691/- is reduced to
Rs.56,91,692/-, rounded of to Rs.56,92,000/-. The appellant/Transport
Corporation is directed to deposit the modified award amount with accrued
interest and costs, less the amount already deposited, if any, within a period
of four weeks from the date of receipt of a copy of this order. On such
deposit, the claimant/guardian is permitted to withdraw the award amount,
less the amount already withdrawn, if any, together with proportionate
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C.M.A. No.2672 of 2021
interest and costs. No costs. Consequently, connected Miscellaneous
Petition is closed.
[M.K.K.S, J] [S.K, J]
15.11.2021
Index : Yes / No
Internet : Yes / No
Speaking order: Yes/No
Jer
To
1. The Sub Judge, Motor Accident Claims Tribunal, Udumalpet.
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.2672 of 2021
K.KALYANASUNDARAM, J.
and
S.KANNAMMAL, J.
Jer
C.M.A. No.2672 of 2021
15.11.2021
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