Madras High Court
The Managing Director vs R. Gurumurthi on 3 September, 2021
CMA No.2431 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA No.2431 of 2021
in
CMP No.13826 of 2021
The Managing Director,
Metropolitan Transport Corporation,
Anna Salai,
Chennai – 600 002. ...Appellant
vs.
R. Gurumurthi ...Respondent
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 20.12.2018
made in MCOP No.702 of 2015 on the file of Principal Special Judge,
Special Court under E.C. & NDPS Act), Chennai.
For Appellant : Mr. S. Sivakumar
JUDGMENT
(This case was heard through Video Conferencing)
This appeal has been filed by the Transport Corporation challenging
the impugned award dated 20.12.2018 passed by the Motor Accidents
https://www.mhc.tn.gov.in/judis/
CMA No.2431 of 2021
Claims Tribunal (Principal Special Judge, Special Court under E.C. &
NDPS Act), Chennai in MCOP No.702 of 2015.
2. The appellant / Transport Corporation has challenged the
impugned award only on the ground that the quantum of compensation
awarded by the Tribunal is excessive.
3. The Tribunal under the impugned award has directed the
appellant / Transport Corporation to pay the respondent / claimant a
compensation of Rs.3,47,100/- together with interest and costs as detailed
hereunder :
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of earning 100000
Transport to Hospital 6000
Extra Nourishment 6000
Damages to clothing and 2000
articles
Medical expenses 33100
Pain and sufferings 50000
Compensation for continuing 150000
or permanent disability
Total 3,47,100
https://www.mhc.tn.gov.in/judis/
CMA No.2431 of 2021
4. Heard Mr.S.Sivakumar, learned counsel for the appellant /
Transport Corporation and this Court has perused and examined the
impugned award as well the materials and evidence available on record
before the Tribunal.
5. The respondent / claimant sustained both leg foot crush injury
and multiple injuries all over his body as a result of an accident on
04.12.2014 caused by a bus owned by the appellant / Transport
Corporation. In the claim petition, he has pleaded that he was earning
Rs.65,000/- as a Systems Manager. He has also filed the salary certificate
which has been marked as Ex.P13 before the Tribunal. The
respondent / claimant was hospitalised for a period of 23 days as seen
from the discharge summary which has been marked as Ex.P3 before the
Tribunal. After giving due consideration to the avocation, year of the
accident and the nature of the injuries sustained by the respondent /
claimant, this Court does not find any scope for any reduction of the
compensation as assessed by the Tribunal under the impugned award.
https://www.mhc.tn.gov.in/judis/
CMA No.2431 of 2021
6. The Doctor, who examined the respondent / claimant (PW2) has
assessed the respondent / claimant's disability at 50% and the disability
certificate has also been filed as a document which has been marked as
Ex.P10 before the Tribunal.
7. This Court is of the considered view that the overall
compensation of Rs.3,47,100/- fixed by the Tribunal cannot be considered
to be excessive as alleged by the appellant / Transport Corporation.
8. For the foregoing reasons, this Court does not find any merit in
this appeal and accordingly, the Civil Miscellaneous Appeal stands
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
9. The Appellant / Transport Corporation is directed to deposit the
entire award amount awarded by the Tribunal together with interest at
7.5% p.a. from the date of claim petition till the date of realization, less the
amount, if any, already deposited to the credit of MCOP No.702 of 2015
https://www.mhc.tn.gov.in/judis/
CMA No.2431 of 2021
on the file of the Motor Accident Claims Tribunal (Principal Special
Judge, Special Court under E.C. & NDPS Act), Chennai, within a period
of four weeks from the date of receipt of a copy of this Judgment. On
such deposit being made, the Tribunal is directed to transfer the award
amount directly to the bank account of the respondent / claimant through
RTGS, within a period of two weeks thereafter.
03.09.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
vsi2/ab
To
1. The Principal Special Judge,
Special Court under E.C. & NDPS Act,
Chennai.
2. The Section Officer,
V.R. Section,
High Court, Madras – 104.
https://www.mhc.tn.gov.in/judis/
CMA No.2431 of 2021
ABDUL QUDDHOSE, J.
vsi2
CMA No.2431 of 2021
in
CMP No.13826 of 2021
03.09.2021
https://www.mhc.tn.gov.in/judis/
