Madras High Court
The Managing Director vs Sivakumar (Died) on 31 January, 2022
C.M.A.(MD)No.577 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.01.2022
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.577 of 2019
and
C.M.P.(MD)No.7007 of 2019
The Managing Director,
Tamil Nadu State Transport Corporation,
Kumbakonam. ...Appellant/Respondent
Vs.
1.Sivakumar (died)
2.Pesalavathy
3.Minor Devendran
4.Minor Sudharsan ...Respondents/Petitioners
(R2 to R4 are LR's of the deceased sole respondent as per
order,dated 28.02.2019 in C.M.P(MMD)No.10864 of 2018
in CMA(MD)SR.No.31146 of 2018)
(R3 & R4 minors are rep. through their mother
and guardian the 2nd 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.
174 of 2014, dated 08.12.2016 on the file of the Motor Accident Claims
Tribunal/Chief Judicial Magistrate Court, Pudukkottai.
1/8
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C.M.A.(MD)No.577 of 2019
For Appellant :Mr.P.Prabhakaran
For Respondents :No Appearance
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
and decree made in M.C.O.P.No.174 of 2014, dated 08.12.2016 on the file of
the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court,
Pudukkottai.
2.It is a case of accident, which took place on on 16.05.2012 at about
9.40 p.m., when the petitioner was riding his bicycle to return his house from
west to east, at that time, a bus bearing Registration No.TN-49-N-1496
proceeding from Karambakudi bus stand to Pattukottai driven by its driver in
a rash and negligent manner and dashed against the back side of the bicycle.
Due to the said accident, the petitioner sustained grievous injury.
3.The claimant has filed a petition in M.C.O.P.No.174 of 2014 on the
file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate,
Pudukottai, seeking compensation of Rs.10,00,000/-.
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C.M.A.(MD)No.577 of 2019
4.Before the Tribunal, on the side of the claimant one witness was
examined as P.W.1 and seven documents were marked as Exs.P.1 to P.7 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 occurred because of the negligence on the part of the driver of the
appellant/State Transport Corporation and directed the appellant to pay a sum
of Rs.4,44,650/- as compensation at 7.5% interest. Against which, the
appellant/State Transport Corporation has filed this present appeal to set
aside the award of compensation passed by the Tribunal.
6.The learned counsel appearing for the appellant contended that the
injured, who rode the bicycle in a rash and negligent manner on the blue
metal heaped on the left side of the road, lost his balance dashed on the left
side rear tyre of the appellant's bus and invited the accident. Hence, the
injured was solely responsible for the accident. It is argued by the learned
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C.M.A.(MD)No.577 of 2019
counsel appearing for the appellant that when there is a disability of 50%,
the tribunal has awarded Rs.3,90,000/- towards loss of income is very much
high. Hence, the award passed by the Motor Accidents Claims Tribunal is
liable to be modified.
7.Heard Mr.P.Prabhakaran, learned counsel appearing for the
appellant. No representation for the respondents.
8.A perusal of records would show that the Tribunal has fixed
functional disability as 50% and applied multiplier method for loss of
income. Even as per claimant's averments due to injuries, he could not do
any work for a period of one year. So loss of income is only for one year.
No other documents filed by the respondents herein to prove that the
claimant sustained functional disability. So, the Tribunal ought not have
applied multiplier method. Hence, this Court fixed Rs.3,000/- for 1%
disability and awarded Rs.1,50,000/- towards permanent disability and
awarded Rs.60,000/- (Rs.5,000/- X 12) towards loss of income. Except the
above, all other terms of the award passed by the Tribunal is confirmed.
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C.M.A.(MD)No.577 of 2019
9.Accordingly, the claimants are entitled for compensation as follows:
S.No. Head Amount granted by this
Court
1. Permanent disability Rs. 1,50,000/-
2. Loss of income (Rs.5,000 x 12) Rs. 60,000/-
3. Transportation Rs. 10,000/-
4. Extra nourishment Rs. 2,000/-
5. Medical Expenses Rs. 12,650/-
6. Pain and Sufferings Rs. 30,000/-
Total Rs. 2,64,650/-
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
10.In the result,
(i)The Civil Miscellaneous Appeal is partly allowed.
(ii)The compensation awarded by the Tribunal is reduced from
Rs.4,44,650/- to Rs.2,64,650/- (Rupees Two lakhs sixty four thousand six
fifty only) with interest at the rate of 7.5% per annum. The second
respondent, who is the wife of the deceased, is entitled to Rs.1,64,650/- and
the second and third respondents, who are the daughters of the deceased, is
entitled to Rs.50,000/- each with interest at 7.5% p.a from the date of claim
petition till the date of realization.
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C.M.A.(MD)No.577 of 2019
(iii)The appellant/State Transport Corporation is directed to deposit the
compensation amount i.e., Rs.2,64,650/- less the amount already deposited, if
any, 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 MCOP.No.174 of 2014
on the file of the Motor Accident Claims Tribunal /Chief Judicial Magistrate
Court, Pudukkottai within a period of eight weeks from the date of receipt of
a copy of this order.
(iv)On such deposit, the second respondent is entitled to withdraw her
respective share as per the ratio fixed by this Court. The shares of the minor
third and fourth respondents shall be deposited in any one of the
Nationalized Banks, in a Fixed Deposit, initially for a period of three years,
renewable thereafter, till the minors attained majority. The second
respondent/mother and guardian of the minor respondents is permitted to
withdraw the interest from the above said deposit, once in three months
directly from the Bank and utilize the same for the welfare of the child.
No Costs. Consequently connected miscellaneous petitions are closed.
31.01.2022
Index :Yes/No
Internet:Yes/No
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.577 of 2019
Note: 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.
To
1.The Motor Accident Claims Tribunal/
Chief Judicial Magistrate Court,
Pudukkottai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.577 of 2019
S.ANANTHI, J.
vsd
C.M.A.(MD)No.577 of 2019
and
C.M.P.(MD)No.7007 of 2019
31.01.2022
https://www.mhc.tn.gov.in/judis
