Madras High Court
The State Express Transport ... vs V.Chinnappan ...1St on 4 January, 2022
C.M.A.(MD)No.176 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.01.2022
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.176 of 2019
and
C.M.P.(MD)No.2311 of 2019
The State Express Transport Corporation,
Represented by its Managing Director,
Dindigul Branch. ...Appellant/2nd Respondent
Vs.
1.V.Chinnappan ...1st Respondent/Petitioner
2.Hariram ...2nd Respondent/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the award and decree, dated 25.10.2018
passed in M.C.O.P.No.117 of 2017 on the file of the Motor Accident Claims
Tribunal/Chief Judicial Magistrate Court, Dindigul.
For Appellant :Mr.P.Prabhakaran
For R1 :Mr.D.Venkatesh
For R2 :No Appearance
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.176 of 2019
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
and decree, dated 25.10.2018 passed in M.C.O.P.No.117 of 2017 on the file
of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court,
Dindigul.
2.It is a case of accident, which took place on 08.03.2017, when the
respondent/petitioner was waiting in the Dindigul bus stand, at about
10.15 p.m., a bus bearing Registration No.TN-01-AN-0671 came to Dindigul
Bus Stand. At that time, the petitioner and other passengers tried to enter the
bus rushing one another, a bus driver start a bus in a rash and negligent
manner in reverse without taking precautionary measure, the petitioner fell
down in front of the left tire of the appellant's bus. Due to the said accident,
the respondent/petitioner sustained grievous injury.
3.The claimant has filed a petition in M.C.O.P.No.117 of 2017 on the
file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court,
Dindigul, seeking compensation of Rs.30,00,000/-.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.176 of 2019
4.Before the Tribunal, on the side of the claimant, one witness was
examined as P.W.1 and eighteen documents were marked as Exs.P.1 to P.18.
On the side of the first respondent, one witness was examined as R.W.1 and
no document was marked and on the side of the second respondent, no one
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 Express Transport Corporation and directed the appellant to
pay a sum of Rs.22,57,600/- as compensation at 7.5% interest. Against
which, the appellant/second respondent has filed this present appeal to set
aside the award of compensation granted by the Tribunal.
6.The learned counsel appearing for the appellant contended that
though the claimant has not produced any document for the proof of monthly
income, the tribunal has fixed an exorbitant amount of Rs.10,000/- as
monthly income. He further contended that the Tribunal has wrongly added
40% of the income towards future prospectus and also wrongly adopted '17'
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.176 of 2019
as multiplier and awarded Rs.17,13,600/- towards loss of income. Hence, the
award granted by the Motor Accidents Claims Tribunal is liable to be
modified.
7.Per contra, the learned counsel appearing for the first
respondent/petitioner has contended that prior to the accident, the petitioner
has been working as a Welder and earning a sum of Rs.32,000/- and also
proved the income as per the income tax receipts Ex.P16. He further
contended that the petitioner sustained injuries and fracture all over the body
and suffered 80% of disability and the Tribunal, after considering all the
circumstances available in the present petition, has rightly awarded
compensation and therefore, the award passed by the Tribunal is perfectly
correct and the same needs no interference.
8.Heard Mr.P.Prabhakaran, learned counsel for the appellant and
Mr.D.Venkatesh, learned counsel for the first respondent. No representation
for the second respondent.
9.The claimant has not filed any appeal against the award passed by
the Tribunal.
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C.M.A.(MD)No.176 of 2019
10.A perusal of records, it shows that the tribunal has fixed
Rs.10,000/- towards monthly income and awarded 40% towards future
prospectus of the injured. Therefore, monthly income of the claimant fixed at
Rs.14,000/- and hence the annual income arrived at Rs.14,000/- x 60/100 x
12 = Rs.1,00,800/-. Since the age of the claimant is 32 years, the multiplier
applicable is '16'. Hence, loss of income arrived at Rs.1,00,800 x 16 =
Rs.16,12,800/-. Except the above, all other terms of the award passed by the
Tribunal is confirmed.
11.Accordingly, the claimant is entitled for compensation as follows:
S. Description Amount awarded by Award
confirmed /
No.
Tribunal this Court enhanced /
granted
1. Loss of income Rs.17,13,600/- Rs.16,12,800/- modified
2. Transportation Rs. 10,000/- Rs. 10,000/- Confirmed
3. Extra nourishment Rs. 20,000/- Rs. 20,000/- Confirmed
4. Pain and sufferings Rs. 25,000/- Rs. 25,000/- Confirmed
5. Medical Expenses Rs. 4,88,000/- Rs. 4,88,000/- Confirmed
6. Damage to clothes Rs. 1,000/- Rs. 1,000/- Confirmed
Total Rs. 22,57,600/- Rs. 21,56,800/-
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
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C.M.A.(MD)No.176 of 2019
12.In the result,
(i)The Civil Miscellaneous Appeal is partly allowed.
(ii)The award amount of Rs.22,57,600/- granted by the Motor
Accidents Claims Tribunal/Chief Judicial Magistrate Court, Dindigul in
M.C.O.P.No.117 of 2017, dated 25.10.2018, is hereby modified. The first
respondent/petitioner is entitled to get Rs.21,56,800/- (Rupees Twenty one
lakhs fifty six thousand eight hundred only) with interest at 7.5% p.a, from
the date of claim petition till the date of realization.
(iii)The appellant/State Express Transport Corporation is directed to
deposit the award amount within a period of six weeks from the date of
receipt of a copy of this order. On such deposit, the claimant is entitled to
withdraw the award amount with proportionate interests and costs. No costs.
Consequently connected miscellaneous petition is closed.
04.01.2022
Index :Yes/No
Internet:Yes/No
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.176 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 Accidents Claims Tribunal/
Chief Judicial Magistrate Court,
Dindigul
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.176 of 2019
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.176 of 2019
and
C.M.P.(MD)No.2311 of 2019
04.01.2022
https://www.mhc.tn.gov.in/judis
