Madras High Court
The Managing Director vs Balakrishnan on 16 November, 2021
C.M.A.(MD).Nos.848 and 525 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 16.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).Nos.848 of 2021 and 525 of 2014
and
C.M.P.(MD)No. 7875 of 2021
C.M.A.(MD)No.848 of 2021
The Managing Director,
Tamilnadu State Transport Corporation Limited,
Door No.2, Trivandrum Road,
Vannarpettai,
Tirunelveli. ...Appellant/Respondent
Vs.
Balakrishnan ...Respondent/Petitioner
PRAYER in C.M.A.(MD)No.848 of 2021 : Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicles Act, 1988, to set aside the award and
decree made in M.C.O.P.No.368 of 2013, dated 23.09.2013 on the file of the
Motor Accident Claims Tribunal/Special Sub Court, Tirunelveli.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.848 and 525 of 2014
C.M.A.(MD)No.525 of 2014
Balakrishnan ...Appellant/Claimant
Vs.
The Managing Director,
Tamilnadu State Transport Corporation Limited,
Door No.2, Trivandrum Road,
Vannarpettai,Tirunelveli. ...Respondent/Respondent
PRAYER in C.M.A.(MD)No.525 of 2014 : Civil Miscellaneous Appeal filed
under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and
decree made in M.C.O.P.No.368 of 2013, dated 23.09.2013 on the file of the
Motor Accident Claims Tribunal/Special Sub Court, Tirunelveli.
In C.M.A.(MD)No.848 of 2021
For Appellant :Mr.P.Prabhakaran
For Respondent :Mr.T.Selvakumaran
In C.M.A.(MD)No.525 of 2021
For Appellant :Mr.T.Selvakumaran
For Respondent :Mr.P.Prabhakaran
COMMON ORDER
C.M.A.(MD)No.625 has been filed to enhance the award amount
awarded in M.C.O.P.No.368 of 2013, dated 23.09.2013, passed by the Motor
Accident Claims Tribunal/Special Sub Court, Tirunelveli.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.848 and 525 of 2014
C.M.A.(MD)No.848 of 2021 has been filed to set aside the impugned award,
dated 23.09.2013 in M.C.O.P.No.368 of 2013 passed by the Motor Accident
Claims Tribunal/Special Sub Court, Tirunelveli.
2.It is a case of accident, which took place on 16.03.2013 at about 7.45
a.m., when the claimant was driving a mini lorry bearing Registration
No.TN-69-J-1635 from Tirunelveli North Byepass Road near Thamirabarani
Bridge, a bus bearing Registration No.TN-72-N-1103 came from the opposite
side with rash and negligent manner hit on the petitioner. Due to the said
accident, the petitioner sustained fracture of his right leg.
3.The claimant has filed a petition in M.C.O.P.No.368 of 2013 on the
file of the Motor Accident Claims Tribunal/Special Sub Court, seeking
compensation.
4.Before the Tribunal, on the side of the claimant two witnesses were
examined as P.W.1 and P.W.2 and nine documents were marked as Exs.P.1 to
P.10 and on the side of the respondent R.W.1 was examined and no document
was marked.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.848 and 525 of 2014
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimant and the
respondent and also on appreciating the evidences on record, held that the
accident was occurred only due to the rash and negligent driving of the driver
of the Transport Corporation and directed the Transport Corporation to pay a
sum of Rs.4,88,500/- as compensation.
6.Heard on either side and perused the material documents available on
record.
7.These appeals have filed against the same award, dated 23.09.2013
made in M.C.O.P.No.368 of 2013. C.M.A.(MD)No.848 of 2021 has been
filed by the State Transport Corporation on the ground that the Tribunal has
wrongly awarded partial permanent disability and partial loss of income and
also the interest awarded at the rate of 9% is also high. C.M.A(MD)No.525
of 2021 has been filed by the claimant to enhance the award on fixing
monthly salary Rs.10,000/- instead of Rs.4,500/-.
8.On perusal of records, it is shows that the Tribunal has awarded
Rs.3,64,500/- for partial permanent disability and also awarded Rs.27,000/-
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.848 and 525 of 2014
for partial loss of income. The Tribunal has granted the award for both the
heads. So the loss of partial income awarded Rs.27,000/- is deducted from
the compensation award and the interest awarded by the Tribunal is reduced
from 9% to 7.5% p.a. from the date of claim petition till the date of realization.
Hence, the petitioner is entitled to get Rs.4,61,500/- and to that extent, the
C.M.A(MD)No.848 of 2021 can be allowed.
9.In C.M.A(MD)No.525 of 2014, the learned counsel for the appellant
has contended that at the time of accident, the appellant was working as a
lorry driver and earning Rs.11,000/- per month. Since the appellant did not
produce any document to prove his income, the Tribunal has fixed Rs.4,500/-
as monthly income. Hence, the tribunal has rightly fixed the monthly income
of the appellant and the same needs no interference. Therefore,
C.M.A(MD)No.525 of 2014 is liable to be dismissed.
10.Finally, the C.M.A(MD)No.848 of 2021 is partly allowed. The
award amount of Rs.4,88,500/- passed by the Motor Accident Claims
Tribunal/Special Sub Judge, Tirunelveli in M.C.O.P.No.368 of 2013, dated
23.09.2013, is hereby modified. The claimant is entitled to get Rs.4,61,500/-
as compensation. All the other terms awarded by the Tribunal stand
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.848 and 525 of 2014
confirmed. It is submitted that the Corporation Department has already
deposited the entire award amount with accrued interest and the Corporation
department is entitled to withdraw the excess amount with accrued interest.
No Costs. Consequently connected miscellaneous petitions are closed.
11.In fine, the C.M.A(MD)No.525 of 2014 is dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
16.11.2021
Index :Yes/No
Internet:Yes/No
vsd
Note:In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is presented
is the correct copy, shall be the responsibility of the
Advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.848 and 525 of 2014
To
1.The Motor Accident Claims Tribunal/
Special Sub Court,
Tirunelveli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.848 and 525 of 2014
S.ANANTHI, J.
vsd
Common Judgment made in
C.M.A.(MD).Nos.848 and 525 of 2014
and
C.M.P.(MD)No. 7875 of 2021
16.11.2021
https://www.mhc.tn.gov.in/judis
