Madras High Court
The Managing Director vs Thangathurai on 28 February, 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD)No.189 of 2022
and
C.M.P(MD)No.1631 of 2022
The Managing Director,
Tamil Nadu State Transport Corporation
New Junction Road,
Kumbakonam City,
Thanjavur District. ... Appellant/Second respondent
.vs.
Thangathurai ... Respondent/Claimant
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act praying this Court to set aside the impugned award
passed in MCOP No.1032 of 2019 dated 31.01.2020 on the file of the
MACT (Special Subordinate Judge), Thanjavur.
For Appellant : Mr.S.Madasamy
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JUDGMENT
*************
The Transport Corporation is the appellant herein. Challenging
the quantum of compensation awarded in MCOP No.1032 of 2019 on the
file of the Motor Accident Claims Tribunal(Special Subordinate Judge),
Thanjavur, they preferred the above civil miscellaneous appeal
questioning the quantum alone.
2.The factum of the accident, the manner of the accident, rash and
negligence on the part of the driver of the appellant/transport
corporation, are not in dispute. Hence, the finding rendered by the
Tribunal with regard to the same is hereby confirmed.
3.On the point of quantum of compensation, I heard
Mr.S.Madasamy, learned counsel appearing for the appellant/Transport
Corporation.
4.The injured is a daily wager. P.W.2 -Dr.Thirumalaipandiyan, has
deposed that the appellant suffered 30.6% of permanent partial disability.
Considering the nature of the injuries and occupation of the respondent
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being the daily wager and considering the fact that the injury is the bone
fracture on the left hand and it was malunited, there is some difficulty in
lifting and using the left hand, the Tribunal has rightly fixed the
functional disability at 10%. In respect of all other heads, namely,
multiplier, 40% for future prospect and also the other heads of account, I
find it is just and reasonable, except the percentage as contented by the
learned counsel for the transport corporation.
5.After perusing the Doctor's evidence as P.W.2 and Ex.P2-
discharge summary and Ex.P8-disability certificate coupled with Ex.P9,
I find that the disability fixed by the Tribunal at 10% and the nature of
functional disability is just and proper, which does not warrant any
interference.
6.In this view of the matter, the award passed by the Tribunal is
just and reasonable and does not require any interference at the appellate
stage. Accordingly, the appeal is liable to be dismissed.
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7. In the result,
(i) The Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, the connected Miscellaneous Petition is closed.
(ii) The order passed by the Tribunal is upheld.
(iii) The appellant – Transport Corporation is directed to deposit
the entire compensation awarded by the Tribunal i.e., Rs.3,54,845/- (if
not already deposited) together with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit to the credit
of M.C.O.P.No. 1032 of 2019, dated 31.01.2020, on the file of the
Motor Accidents Claims Tribunal (Special Subordinate Judge),
Thanjavur within a period of eight weeks from the date of receipt of a
copy of this order.
(iv) On such deposit being made by the appellant, the
respondent/claimant is permitted to withdraw the entire amount after
following the due process of law.
10.02.2022
Index:Yes/No
Internet:Yes/No
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To
1.The Motor Accidents Claims Tribunal,
Special Subordinate Judge,
Thanjavur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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RMT.TEEKAA RAMAN.,J.
cp
JUDGMENT MADE IN
C.M.A(MD)No.189 of 2022
and
C.M.P(MD)No.1631 of 2022
01.03.2022
https://www.mhc.tn.gov.in/judis
