Madras High Court
The Managing Director vs Gandhi ...1St on 23 November, 2021
C.M.A.(MD).No.220 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 23.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).No.220 of 2019
and
C.M.P.(MD)No.3027 of 2019
The Managing Director,
Tamilnadu State Transport Corporation Limited,
Railway Station Road,
Kumbakonam. ...Appellant/2nd Respondent
Vs.
1.Gandhi ...1st Respondent/Petitioner
2.Tamilselvi ...2nd Respondent/1st Respondent
PRAYER : 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.
1145 of 2015, dated 07.11.2017 on the file of the Motor Accident Claims
Tribunal/Special Sub Court, Thanjavur.
For Appellant :Mr.P.Prabhakaran
For Respondents :No Appearance
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.220 of 2019
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the
impugned award, dated 07.11.2017 in M.C.O.P.No.1145 of 2015 passed by
the Motor Accident Claims Tribunal/Special Sub Court, Thanjavur.
2.It is a case of accident, which took place on 02.05.2015 at about
06.00 a.m., the first respondent/petitioner has travelled on the appellant's
Transport Corporation bus bearing Registration No.TN-49-N-1793 from
Pattukkottai to Thanjavur. When the bus driver driving a bus with a rash and
negligent manner came near Pulavankaddu at 06.30 a.m., a TATA ACE
vehicle bearing Registration No.TN-76-C-0762 came from the opposite side
with rash and negligent manner dashed on the right rear side of the body of
the appellant's bus. Due to the said accident, the first respondent/petitioner
sustained grievous injury of his right hand.
3.The claimant has filed a petition in M.C.O.P.No.1145 of 2015 on the
file of the Motor Accident Claims Tribunal/Special Sub Court, Thanjavur,
seeking compensation.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.220 of 2019
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.14 and on the side of the respondent R.W.1 was examined and no document
was marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimant and the
respondents and also on appreciating the evidences on record, held that the
accident was occurred because of the negligence on the part of the driver of
the TATA ACE vehicle as well as the negligence on the part of the driver of
the Transport Corporation and directed the Transport Corporation to pay 50%
i.e., a sum of Rs.2,70,850/- as compensation.
6.Against which, the appellant/second respondent has filed this present
appeal to set aside the award of compensation passed by the Tribunal.
7.Heard the learned counsel appearing for the appellant. Eventhough,
notice served to the respondents and also their names were printed, but no
one appeared on behalf of the respondents.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.220 of 2019
8.The appeal has been filed by the appellant/Transport Corporation on
the ground that the negligence is only on the part of the driver of the TATA
ACE and FIR has also been registered as against the TATA ACE driver. But
the Tribunal has fixed liability on both, the Transport Corporation as well as
the TATA ACE driver and he raised an objection regarding the amount
granted for loss of amenities. The Tribunal has awarded Rs.2,40,000/- for
partial permanent disability and awarded Rs.50,000/- for pain and sufferings.
The learned counsel for the appellant contended that though the claimant has
not produced any records, the tribunal has awarded Rs.1,00,000/- towards
loss of amenities. Hence, it requires modification.
9.On perusal of records, it shows that the Tribunal has awarded
Rs.1,00,000/- for loss of amenities. Since there is no evidence to prove that
the claimant had loss of amenities. Hence, the amount of Rs.50,000/-
awarded for loss of amenities is retained. Therefore, the first
respondent/claimant is entitled to get Rs.4,91,690/- and to that extent, this
Civil Miscellaneous Petition can be allowed.
10.Finally, this Civil Miscellaneous Appeal is partly allowed. The
award amount of Rs.5,41,690/- (Rupees Five lakhs forty one thousand six
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.220 of 2019
hundred and ninety only) passed by the Motor Accident Claims
Tribunal/Special Sub Court, Thanjavur, in M.C.O.P.No.1145 of 2015, dated
07.11.2017, is hereby modified. The first respondent/claimant is entitled to
get Rs.4,91,690/- (Rupees Four lakhs Ninety one thousand six hundred and
ninety) with interest at the rate of 7.5% p.a., as awarded by the Tribunal, from
the date of claim petition till the date of realization. All the other terms of the
Tribunal award is confirmed. The appellant is directed to deposit the award
amount within a period of four weeks from the date of receipt of a copy of
this order. On such deposit, the first respondent/claimant is permitted to
withdraw the same, by filing necessary application before the Tribunal.
No Costs. Consequently connected miscellaneous petitions are closed.
23.11.2021
Index :Yes/No
Internet:Yes/No
vsd
Note : (i) Issue Order Copy on 03.12.2021
(ii) 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).No.220 of 2019
S.ANANTHI, J.
vsd
To
1.The Motor Accident Claims Tribunal/
Special Sub Court,
Thanjavur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
C.M.A.(MD).No.220 of 2019
and
C.M.P.(MD)No.3027 of 2019
23.11.2021
https://www.mhc.tn.gov.in/judis
