Madras High Court
The General Manager vs Mujipur Rakhman on 19 January, 2022
CMA(MD)No.1115 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.1115 of 2017 &
CMP(MD)No.11360 of 2017
The General Manager,
Tamil Nadu State Transport Corporation,
Karaikudi ... Appellant
vs.
Mujipur Rakhman ... Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the Award and Decree dated
21.09.2016 in MCOP.No.44/2015 on the file of the Motor Accident
Claims Tribunal, Chief Judicial Magistrate Court, Ramanathapuram.
For Appellant :Mr.P.Prabhakaran
For Respondent :Mr.S.Ramesh
JUDGMENT
The appellant filed this appeal against the Award and Decree dated
21.09.2016 in MCOP.No.44/2015 on the file of the Motor Accident
Claims Tribunal, Chief Judicial Magistrate Court, Ramanathapuram.
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CMA(MD)No.1115 of 2017
2. On 09.05.2015, the claimant was travelling as a passenger in the
respondent bus bearing Registration No.TN 63 N 1236 from Pudukkottai
to Ramanathapuram. The bus was driven by its driver in rash and
negligent manner. At about 10.00 pm, the bus driver stopped the bus at
Kenikkarai bus stop, Ramanathapuram. When the claimant was getting
down from the bus, without noticing the same, the bus driver suddenly
started the bus, as a result of which, the claimant was thrown out from
the bus and the left back wheel of the bus ran over both the legs of the
claimant. The claimant sustained multiple grievous injuries all over his
body.
3. The claimant filed MCOP.No.44/2015 claiming compensation
for the injuries sustained by him. The Tribunal after analysing the oral
and documentary evidences on record, awarded a sum of Rs.6,21,000/-
together with interest at the rate of 7.5% per annum, as compensation and
fixed the liability on the appellant herein. Aggrieved over the same, the
appellant has preferred this appeal.
4. The learned counsel for the appellant would submit that the
claimant jumped from the moving bus and he was solely responsible for
the accident. Hence, entire negligence should be fixed on the part of the
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CMA(MD)No.1115 of 2017
claimant and the appellant should be exonerated from the liability. The
Tribunal fixed Rs.3,000/- for 1% of disability and awarded Rs.1,41,000/-
for 47% disability, which is too high. Further, a sum of Rs.50,000/- each
was awarded towards pain and sufferings and mental agony, which is
double compensation. Hence, he prayed for reducing the compensation
awarded by the Tribunal.
5. The learned counsel for the respondent submitted that the driver
of the appellant bus was rash and negligent in driving the vehicle and he
started the bus suddenly while the respondent / claimant was getting
down from the bus. The Tribunal after considering all the materials on
record, fixed the liability on the appellant Transport Corporation. The
respondent / claimant sustained multiple grievous injuries and hence the
quantum of compensation awarded by the Tribunal is reasonable and the
same need not be reduced.
6. A perusal of the records would show that the First Information
Report was registered against the driver of the appellant bus and Charge
Sheet was also laid against him. In such circumstances, the driver of the
bus cannot escape from the liability. The Tribunal also considered this
fact and directed the appellant Transport Corporation to pay the
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CMA(MD)No.1115 of 2017
compensation. This Court is not inclined to interfere with the liability
aspect. As regards quantum of compensation, from the records, it is seen
that the respondent / claimant sustained multiple injuries all over the
body. The Doctor who assessed the disability fixed partial and
permanent disability at 49%. Ex.P7, Discharge Summary shows that the
respondent / claimant took treatment at Madurai Devadoss Hospital as
inpatient from 10.05.2015 to 29.05.2015. Ex.P8, Discharge Summary
shows that he took treatment as inpatient in the Hospital from 09.06.2015
to 24.06.2015. The Tribunal after analysing the records fixed the
disability at 47%. The accident is of the year 2015. Hence, the Tribunal
was right in fixing Rs.3,000/- for 1% of disability and awarding Rs.
1,41,000/- towards disability. However, since the Tribunal awarded Rs.
50,000/- towards pain and sufferings, another Rs.50,000/- awarded
towards mental agony is unnecessary. Hence, a sum of Rs.50,000/-
awarded towards mental agony is hereby set aside. All the other heads
awarded by the Tribunal are just and proper and the same are hereby
confirmed.
7. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
Consequently, the connected Miscellaneous Petition is closed.
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CMA(MD)No.1115 of 2017
(ii) The quantum of compensation awarded by the Tribunal is
reduced from Rs.6,21,000/- to Rs.5,71,000/- together with interest at the
rate of 7.5% per annum.
(iii) The appellant/Insurance Company is directed to deposit the
reduced compensation ie., Rs.5,71,000/- (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.44/2015 on the file of the Motor Accident Claims Tribunal,
Chief Judicial Magistrate Court, Ramanathapuram within a period of six
weeks from the date of receipt of a copy of this order.
(iv) On such deposit being made, the respondent / claimant is at
liberty to withdraw the same after following due process of law.
19.01.2022
Index : Yes/No
Internet : Yes/No
mbi
To
The Motor Accident Claims Tribunal,
Chief Judicial Magistrate Court,
Ramanathapuram
https://www.mhc.tn.gov.in/judis
CMA(MD)No.1115 of 2017
S.ANANTHI, J.
mbi
CMA(MD)No.1115 of 2017
19.01.2022
https://www.mhc.tn.gov.in/judis
