Madras High Court
S.Natarajan vs Muthuswamy on 13 April, 2022
C.M.A.No.775 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2022
CORAM
THE HON'BLE MRS.JUSTICE J.NISHA BANU
C.M.A.No.775 of 2013
S.Natarajan ... Appellant
Vs.
1.Muthuswamy
2.S.Palaniswamy (Proprietor)
3.The New India Assurance Company Ltd.,
Divisional Office,
Kumaran Road,
Tirupur 641 601.
4.M/s.Samuraj & Co.,
390 A, 100ft Road,
Tatabad,
Coimbatore 12.
5.United India Insurance Co. Ltd.,
Divisional Office,
Bank of Baroda Building,
4th Floor, State Bank Road,
Coimbatore. ..Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
1/8
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C.M.A.No.775 of 2013
Vehicles Act, against the Judgment and Decree dated 07.10.2003 made in
MCOP No.498 of 1995 on the file of the Additional District Court (Fast Track
Court No.5), Motor Accident Claims Tribunal, Coimbatore at Tirupur.
For Appellant : Mrs.S.Sasikala
For Respondents : R1-Died
No appearance for R2
Mr.K.Vinod for R3
Mr.K.Ayyadurai for R4
Ms.I.Malar for R5
JUDGMENT
This appeal has been filed against the judgement and decree dated
07.10.2003 made in MCOP.No.498 of 1995 on the file of the Motor
Accidents Claims Tribunal and Additional District Court (FTC No.5),
Coimbatore.
2.The appellant herein is the claimant. The first respondent is the
driver under the second respondent, the second respondent is the owner of the
bus and the third respondent is the insurer of the bus. The fourth respondent
is the owner of the truck lorry and the fifth respondent is the insurer of the
truck lorry.
3.The brief facts of the case is as follows :-
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C.M.A.No.775 of 2013
On 02.03.1995 at about 18.00hrs while the appellant was
travelling in a bus bearing registration No.TN39-A-3443 belong to NRT
company running from Coimbatore to Trichy main road near Perumbali
Kuttai, the said bus was driven by the first respondent in the course of
employment under the second respondent. At that time, a truck lorry bearing
Registration No.TN37-A-8944 driven by one V.Shanmugam in the course of
regular employment under the fourth respondent had dashed against each
other, thereby, the bus was broken into pieces and the truck lorry got
damaged. In the said occurrence, as many as 18 persons died including the
driver of the truck lorry and as many as 47 persons were injured.
The Palladam Police had registered a case under Sections 279, 337, 336 and
304(A) IPC in Cr.No.120 of 1995 against the driver of the bus/first
respondent.
4.The appellant/claimant herein was travelling in the bus, due to the
accident he sustained grievous injurious in his stomach, shoulder, chest and
other parts of his body and he was taken to Government Hospital, Palladam
for first aid. The health condition of the appellant has become worsen and
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C.M.A.No.775 of 2013
thereafter, he was taken to KG.Hospital, Coimbatore and he had undergone
surgery and then admitted as inpatient for a period of four months.
The appellant is an agriculturist and running a poultry farm and also doing
real estate business in the locality and earning a sum of Rs.20,000/- to
30,000/-p.m. The appellant has undergone severe pain and mental agony and
he was unable to do his normal work due to the grievous injuries sustained by
him in his chest and stomach. The appellant, in his claim petition, has stated
that he had spent a sum of Rs.2,50,000/- towards medical expenses and
restricts his claim before this Court to a sum of Rs.1,76,000/- and submits
that the Tribunal failed to award any compensation under the above head.
5.Before the Tribunal, the 3rd respondent/insurer of the Bus had filed
counter stating that the accident had happened only due to the rash and
negligent driving of the truck lorry driver and the appellant is trying to gain
out of the unfortunate accident and the claim under the head of medical
expenses is erroneous and not supported by valid documents. The monthly
income of the appellant during the relevant period of time is highly
exaggerated and prayed for dismissal of the claim petition.
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C.M.A.No.775 of 2013
6.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred solely due to the rash and negligent
driving by the driver of both the vehicles involved in the accident and awarded
a sum of Rs.2,37,400/- as compensation to the appellant.
7.Not being satisfied with the compensation awarded by the Tribunal,
the appellant has come out with the present Civil Miscellaneous Petition,
seeking enhancement.
8.Heard both sides and perused the entire materials available on record.
9.The learned counsel for the appellant/claimant attacked the Award
that the Tribunal has not considered the case of the appellant in a proper
manner. The Tribunal had disposed batch of claim petitions by a common
judgment filed by the injured claimant's and by the legal heirs/family members
of the deceased in the accident. The Tribunal ought to have considered each
case on its own merits, in this case, the amount spent by the claimant towards
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C.M.A.No.775 of 2013
medical expenses has been omitted in toto. Further, the monthly income of
the appellant fixed by the Tribunal is very low.
10.According to the learned counsel for the appellant, the appellant had
taken treatment as in-patient in hospital for quite long time. The Tribunal has
not awarded any amount towards medical expenses, attender charges,
transportation, loss of amenities, mental agony and damages to clothes. From
the materials on record, it is seen that the Tribunal has awarded a sum of
Rs.2,30,400/- towards loss of income, Rs.5,000/- under the head of severe
injuries and a sum of Rs.2,000/- towards extra nourishment. The medical
expenses claimed by the appellant was not supported by any evidence and
therefore, no award was passed. Considering the nature of injuries suffered
by the appellant and the entire materials on record, the Tribunal has granted a
just compensation and there is no error in the said award warranting
interference by this Court.
11.In the result, the appeal is dismissed and the compensation awarded
by the Tribunal at Rs.2,37,400/- along with interest and costs is confirmed.
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C.M.A.No.775 of 2013
The 3rd and 5th respondents/Insurance Company are jointly and severally
directed to deposit the award amount along with interests and costs, less the
amount already deposited, if any, within a period of six weeks from the date
of receipt of a copy of this judgment to the credit of M.C.O.P.No.498 of 1995.
The appellant is permitted to withdraw the award amount along with interest
and costs, less the amount if any, already withdrawn, by filing necessary
applications before the Tribunal. The Award of the Tribunal remains
unaltered in other respects. No costs.
13.04.2022
Index:Yes/No
msv
To
1.The Additional District Judge,
(Fast Track Court No.5),
Motor Accident Claims Tribunal,
Coimbatore at Tirupur.
2. The Section Officer,
VR Section, High Court, Madras.
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C.M.A.No.775 of 2013
J.NISHA BANU, J.
msv
C.M.A.No.775 of 2013
13.04.2022
https://www.mhc.tn.gov.in/judis
