Madras High Court
Minor Deshika vs The Tamilnadu State Transport ... on 21 January, 2022
C.M.A.(MD)Nos.383 of 2019 and 198 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.01.2022
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)Nos. 383 of 2019 and 198 of 2021
and C.M.P(MD)No.1683 of 2021
C.M.A(MD)No.383 of 2019:
Minor Deshika ... Appellant/Claimant
Vs.
1. The Tamilnadu State Transport Corporation Ltd.,
Rep. by its Managing Director,
Having Office at Bye Pass Road,
Madurai – 625 106
2. Gunasekar
3.M/s.Oriental Insurance Company Ltd.,
Rep. by its Regional Manager,
Having Office at Kudiatham Velloor
(policy No.413503/31/2016/1167) .. Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicle Act, against the judgment and decree dated 30.08.2018 passed in
M.C.O.P.No.46 of 2017 on the file of the Motor Accident Claims Tribunal,
Chief Judicial Magistrate Court, Sivagangai.
For Appellant : Mr.H.Velavadhas
For R1 : Mr.K.Sudalayandi
For R3 : Mr.C.Jawahar Ravindran
For R2 : No appearance
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.383 of 2019 and 198 of 2021
C.M.A(MD)No.198 of 2021:
The Tamilnadu State Transport Corporation,
Through its Managing Director,
Bye Pass Road,
Madurai District ... Appellant/1st Respondent
Vs.
1. Minor Deshika
D/o S.Ganesh .. 1st Respondent/Petitoner
(The minor respondent is represented through her father/next
guardian S.Ganesh)
2. Gunasekar
3.The Oriental Insurance Company,
Rep. by its Regional Manager,
Office at Door No.15, RS Road,
Kudiatham, Velloor
(policy No.413503/31/2016/1167)... Respondents 2 & 3/Respondents 2 & 3
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicle Act, against the judgment and decree dated 30.08.2018 passed in
M.C.O.P.No.46 of 2017 on the file of the Motor Accident Claims Tribunal,
Chief Judicial Magistrate Court, Sivagangai.
For Appellant : Mr.K.Sudalayandi
For R1 & R2 : No appearance
For R3 : Mr.C.Jawahar Ravindran
COMMON JUDGMENT
The claimant in M.C.O.P.No.46 of 2017 on the file of the Motor
Accident Claims Tribunal, Chief Judicial Magistrate Court, Sivagangai, has
filed C.M.A.(MD)No.383 of 2019 for enhancement of compensation. The
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.383 of 2019 and 198 of 2021
Tamilnadu Transport Corporation has filed C.M.A(MD)No.198 of 2021 on
the ground that the driver of the Transport Corporation bus did not commit
any negligence for the accident and hence, the Transport Corporation is not
liable to pay compensation.
2. According to the appellant in C.M.A(MD)No.383 of 2019/claimant,
on 13.03.2016 at about 11.00 p.m, the petitioner with her parents travelled in
Omini Bus bearing Registration No. TN-30-AZ-2553 at Madurai
Mattuthavani. When the Omini Bus went near Ulundurpettai at about 4.30
a.m on 14.03.2016 in Trichy-Chennai National Highways Road, the Omni
bus dashed on the Mahendra Van went before it and caused accident. Due to
that accident, all the passengers in the Omni Bus were got down from the bus
and they were standing in front of the bus and at that time, a Government bus
bearing Registration No.TN-58-N-1849 came in the National Highways
driven by its driver in a rash and negligent manner and dashed on the
passengers, who were standing in front of the bus and caused injuries to the
claimant and some others. The claimant sustained grievous injuries in her
hip and legs. Due to the said accident, her urine bag was damaged and she is
not able to pass urine and her uterus was also damaged.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.383 of 2019 and 198 of 2021
3. The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments on either side, directed the Transport
Corporation to pay a sum of Rs.2,55,000/-(Rupees two lakhs and fifty five
thousand only) as compensation with interest at the rate of 7.5 %.
4.Before the Tribunal, on the side of the claimant, the father of the
injured minor child was examined himself as P.W.1 and fourteen documents
were marked as Ex.P1 to Ex.P14. On the side of the respondents therein, one
witness was examined as R.W.1 and no documents were marked.
5. As far as the appellant/Transport Corporation in C.M.A(MD)No.
198of 2021 is concerned, the learned counsel would mainly argue that the
Omni bus was parked on the National Highways road without any indication,
which leads to the accident and hence, the driver of the Omini bus was also
responsible for the accident. According to him, the Tribunal ought not to
have fixed entire liability on the State Transport Corporation bus.
6. The learned counsel for the appellant/claimant in C.M.A(MD)No.
383 of 2019 would argue that the accident happened due to rash and
negligent driver of the Government Bus bearing Registration No. TN-58-N
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C.M.A.(MD)Nos.383 of 2019 and 198 of 2021
-1849. It is further submitted that due to accident, the claimant's urine bag
was damaged and her uterus was also damaged; since her hip portion and two
legs were affected, she is not able to walk, drive cycle and her education is
also spoiled. Hence, he prays for enhancement of compensation.
7. Heard the parties in two appeals and perused the materials available
on record.
8. It is seen that First Information Report was registered against the
driver of the Bus as he came in rash and negligent manner and dashed on
back side of the parked Omni Bus. On a perusal of Motor Vehicle Inspector's
report, it is seen that backside of the Omni bus and front side of the Transport
Corporation bus were damaged. The driver of the State Transport
Corporation bus was not examined. Without any evidence, the State
Transport Corporation cannot claim that the Tribunal ought not to have fixed
the entire liability. The Tribunal has rightly fixed the liability on the
Transport Corporation Bus. Considering the same, C.M.A(MD)No.198 of
2021 is dismissed by confirming the liability fixed by the Tribunal.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.383 of 2019 and 198 of 2021
9.As far as the appeal filed by the claimant for enhancement of
compensation is concerned, the learned counsel for the claimant contended
that the urine bag and uterus of the minor claimant were damaged. So the
Tribunal ought to have awarded more compensation. But the Doctor was not
examined and no discharge summary was produced by the claimant. The
claimant ought to have examined the Doctor to prove that the uterus and
urine bag were damaged. Without the evidence of Doctor, the Tribunal
awarded Rs.1,00,000/-(Rupees one lakh only) for pain and suffering. Since
the age of the claimant is 4 years and she sustained grievous injuries, this
Court is inclined to grant another Rs.1,00,000/- (Rupees one lakh only) under
the head 'for pain and suffering'. Under all other heads, the amounts already
granted by the Tribunal is confirmed. After enhancing Rs.1,00,000/- (Rupees
one lakh only), total compensation would come to Rs.3,55,000/- (Rupees
three lakhs and fifty five thousand only).
10. The Transport Corporation is directed to deposit the enhanced
amount of compensation within a period of eight weeks from the date of
receipt of a copy of the judgment. Since the claimant is minor, the
compensation amount shall be deposited in a nationalized bank till she
attains majority. The guardian of the minor shall withdraw interest for the
compensation amount in every three months from the bank.
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C.M.A.(MD)Nos.383 of 2019 and 198 of 2021
11. In the result, the Civil Miscellaneous Appeal in C.M.A(MD)No.
383 of 2019 is partly allowed. No costs. Consequently, the connected
Miscellaneous Petition is ordered.
Index :Yes/No 21.01.2022
Internet:Yes/No
CM
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/Additional District Court, Fast Track
Court No.1, Thoothukudi.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.383 of 2019 and 198 of 2021
S. ANANTHI, J.
CM
Judgment made in
C.M.A.(MD)Nos. 383 of 2019 and 198 of 2021
and C.M.P(MD)No.1683 of 2021
21.01.2022
https://www.mhc.tn.gov.in/judis
