The Managing Director vs Gandhimathi
2022 Latest Caselaw 130 Mad

Citation : 2022 Latest Caselaw 130 Mad
Judgement Date : 4 January, 2022

Madras High Court

The Managing Director vs Gandhimathi on 4 January, 2022

                                                                                 C.M.A.No.692 of 2017


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 04.01.2022

                                                         CORAM:

                           THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
                                               and
                              THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                                C.M.A.No.692 of 2017
                                                        and
                                                C.M.P.No.3857 of 2017

                 The Managing Director,
                 Tamil Nadu State Transport Corporation,
                 Villupuram Division,
                 Villupuram.                                                          ... Appellant

                                                          Vs.
                 Gandhimathi
                                                                                    ... Respondent

                 PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
                 Vehicles Act 1988 to set aside the award passed by the Motor Accident Claims
                 Tribunal, Krishnagiri (District and Sessions Court, Krishnagiri) made in MCOP
                 No.672 of 2014 dated 29.01.2016.

                                    For Appellant    :    Mr.K.J.Sivakumar
                                    For Respondent   :    Mr.P.Dineshkumar for
                                                          Mr.Mukund R.Pandian




                 1/8

https://www.mhc.tn.gov.in/judis
                                                                                   C.M.A.No.692 of 2017




                                                        JUDGMENT

[Judgment of the Court was delivered by V.SIVAGNANAM, J.]

This appeal arises out of the award passed by the Motor Accident Claims

Tribunal, (District and Sessions Court) Krishnagiri in MCOP No.672 of 2014

dated 29.01.2016.

2.The facts of the case in nutshell:-

This is the case of injury. On 23.06.2014, at 07.40 p.m, the

respondent/claimant Gandhimathi was travelling as a passenger in a bus bearing

Reg.No.TN-25-N-0236 belonging to the appellant herein. When the bus was

proceeding on Krishnagiri to Thiruvannamalai Road nearing Jegadevi Bus Stand,

the driver of the bus drove it in a rash and negligent manner and dashed the

Tamarind tree standing on the road side. In the impact, the claimant sustained

fracture and various grievous injuries all over her body. Immediately, she was

taken to the Krishnagiri Government Hospital and thereafter, transferred to the

HOSMAT Hospital, Bangalore, where operation was done and rod was fixed to

https://www.mhc.tn.gov.in/judis C.M.A.No.692 of 2017

her. Before the accident, she was hale and healthy and she was doing Milk and

Vegetable business and earning Rs.15,000/- per month. Due to the accident, she

is unable to sit, stand and walk. She completely lost her physical strength.

Alleging that the accident had occurred only due to the rash and negligent driver

of the driver of the appellant's bus, the respondent/claimant laid a claim petition

claiming compensation of Rs.30,00,000/-.

3.Resisting the claim, the appellant/Transport Corporation filed their

counter disputing the manner of accident and nature of the injuries sustained by

the claimant and its liability to pay the compensation. It was also contended that

the claim is excessive and exorbitant.

4.To substantiate the case, on the side of the claimant, P.W.1 to P.W.4 were

examined and Exs.P1 to Ex.P.10 were marked. On the side of the

appellant/Transport Corporation, Driver of the offending vehicle, Narayanan was

examined as R.W.1 and no document was marked.

https://www.mhc.tn.gov.in/judis C.M.A.No.692 of 2017

5.The Tribunal, after considering the oral and documentary evidence, held

that the driver of the appellant's bus was responsible for the accident and awarded

compensation of Rs.22,48,500/- to the claimant. Assailing the award, the

appellant/Transport Corporation has filed the present appeal.

6.The learned counsel appearing for the appellant/Transport Corporation

would contend that fixation of the monthly income of the claimant as Rs.8000/- is

erroneous and unsustainable. He would further contend that the amount granted

under the head of pain and sufferings, future medical expenses, extra

nourishment, loss of amenities, damage of clothes and transportation are on the

higher side and it requires reduction.

7.Per contra, the learned counsel appearing for the respondent/claimant

submitted that the impugned award awarding the aforesaid compensation is well

reasoned and it requires no interference. Hence, he prays for dismissal of this

civil miscellaneous appeal.

https://www.mhc.tn.gov.in/judis C.M.A.No.692 of 2017

8.This Court carefully considered the submissions of the learned counsel

for the appellant/Transport Corporation and the learned counsel appearing for the

respondent/claimant and perused the materials available on record.

9. It is not disputed that when the respondent/claimant was traveling as a

passenger in the appellant's bus on 23.06.2014, she met with an accident. The

Tribunal also held that the accident had taken place due to the negligence of the

driver of the bus and fixed the notional income of the claimant as Rs.8,000/- per

month. The learned counsel for the appellant contended that the notional income

of Rs.8000/- fixed by the Tribunal is on the higher side. The claimant before the

Tribunal deposed that before the accident, she was doing milk and vegetable

business, but in this regard, no proof was filed. The Tribunal considering the age

of the claimant and nature of injuries sustained by her, fixed the notional income

as Rs.8000/- and adopting correct multiplier, awarded Rs.12,48,000/- (8000 x 12

x 13 x 100/100) under the head of disability. We are of the considered opinion

that the amount awarded under the head of disability, medical expenses and

https://www.mhc.tn.gov.in/judis C.M.A.No.692 of 2017

towards attender charges are just and reasonable and hence, they are confirmed.

With regard to the other heads viz., pain and sufferings, future medical expenses,

extra nourishment, loss of amenities, damage of cloths and transportation, we are

of the view that they are on the higher side and the amount awarded under the

above stated heads are to be reduced. Accordingly, the compensation awarded

by the Tribunal to the claimant is re-quantified as follows:-

Amount awarded Re-quantified Amount Heads Status by the Tribunal by this Court Disability 100% 12,48,000/- 12,48,000/- confirmed Pain and Suffering 2,00,000/- 1,00,000/- reduced Medical Bills 3,85,000/- 3,85,000/- confirmed Future Medical Expenses 1,00,000/- 50,000/- reduced Extra Nourishment 20,000/- 10,000/- reduced Attender Charges 20,000/- 20,000/- confirmed Loss of Amenities 2,00,000/- 1,00,000/- reduced Damage of Cloths 11,000/- 5,000/- reduced Transportation 64,500/- 50,000/- reduced 2,80,500/- is Total 22,48,500/- 19,68,000/-

reduced

https://www.mhc.tn.gov.in/judis C.M.A.No.692 of 2017

10.In such view of the matter, this Civil Miscellaneous Appeal is partly

allowed. The appellant/Transport Corporation is directed to deposit the modified

award amount with accrued interest and costs, less the amount already deposited,

if any, within a period of eight weeks from the date of receipt of a copy of this

order. On such deposit, the respondent/claimant is permitted to withdraw the

award amount less the amount already withdrawn, if any, together with

proportionate interest and costs. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                 [M.K.K.S.,J.]          [V.S.G.,J.]
                                                                              04.01.2022
                 skn
                 Index          : Yes/No
                 Speaking Order :Yes/No

                 To