Madras High Court
The Managing Director vs Minor Lokesh on 21 January, 2022
CMA.No.3176 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.M.A.No.3176 of 2021
and
C.M.P.No.18003 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation (Salem) Limited,
Bharathipuram,
Dharmapuri Taluk – 636 705.
... Appellant
Vs
Minor Lokesh
[Rep by next friend and natural guardian
his father Sivanantham]
... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 05.09.2018 made
in MCOP.No.546 of 2015 on the file of the Motor Accident Claims Tribunal,
Special Sub-Court, Dharmapuri.
For Appellant : Mr.D.Raghu
For Respondent : Mr.P.Sethu
for Mr.M.Selvam
-------------
Page No.:1/6
https://www.mhc.tn.gov.in/judis
CMA.No.3176 of 2021
JUDGMENT
The Transport Corporation has come up with this appeal
challenging the award of a sum of Rs.2,03,050/- for the injuries suffered by
the minor Lokesh aged about 4 years in the motor accident that occurred on
26.01.2015.
2. The claimant sought for a compensation of Rs.10,00,000/-
contending that he suffered injuries in the accident that occurred due to the
rash and negligent driving of the driver of the bus belonging to the appellant
Corporation bearing Reg.No.TN-29-N-2154. It was also claimed that the
child was studying in UKG in Vijay Vidhayalaya Matriculation Higher
Secondary School at Dharmapuri and was a bright child. Because of the
accident his future has been affected.
3. The Corporation resisted the claim contending that the accident
occurred as the child crossed the road unexpectedly and the driver of the bus,
-------------
Page No.:2/6
https://www.mhc.tn.gov.in/judis
CMA.No.3176 of 2021
despite his efforts, could not stop the bus. It was also claimed that the First
Information Report was filed against the driver of the bus on the basis of
wrong information.
4. Before the Tribunal the father of the claimant Sivanantham was
examined as PW1 and Ex.P1 to Ex.P10 were marked. No evidence was let in
on the side of the Corporation.
5. The learned Tribunal upon consideration of the evidence and
relying upon the First Information Report marked as Ex.A1 concluded that
the accident was caused due to the rash and negligent driving of the driver of
the bus. The non-examination of the driver or the conductor of the bus was
also taken note of by the Tribunal. The Tribunal assessed the permanent
disability caused because of the accident at 25% and granted a sum of
Rs.75,000/- at Rs.3,000/- per percentage. A sum of Rs.25,000/- was granted
towards pain and sufferings, apart from granting a sum of Rs.83,050/- for
medical and transportation expenses, a sum of Rs.10,000/- for attender
-------------
Page No.:3/6
https://www.mhc.tn.gov.in/judis
CMA.No.3176 of 2021
charges and a sum of Rs.10,000/- for extra nourishment.
6. Mr.D.Raghu, learned counsel appearing for the appellant would
vehemently contend that the accident occurred due to the negligence of the
claimant who crossed the road suddenly.
7. Unfortunately for the counsel for the appellant, the Corporation
had not let in any evidence. If the Corporation wants to avoid liability on the
ground of negligence, it ought to have examined the driver or conductor of the
bus to demonstrate that there was no negligence on their part. Having failed
to do so, the Corporation cannot now in the appeal contend that the accident
occurred due to the negligence of the injured. The First Information Report
has also been filed against the driver of the bus.
8. Therefore, I do not think that the Tribunal could be faulted for
coming to the conclusion that the accident occurred due to the negligence of
the driver of the bus. Even on the quantum, the award under various heads is
-------------
Page No.:4/6
https://www.mhc.tn.gov.in/judis
CMA.No.3176 of 2021
reasonable and does not call for any interference by this Court.
9. Hence, the appeal fails and it is dismissed. The award dated
05.09.2018 made in MCOP.No.546 of 2015 on the file of the Motor Accident
Claims Tribunal, Special Sub-Court, Dharmapuri is confirmed. No costs.
Consequently, the connected miscellaneous petition is closed.
21.01.2022
Index: No
Speaking order
dsa
To
The Special Sub-Judge,
Motor Accident Claims Tribunal, Dharmapuri.
-------------
Page No.:5/6
https://www.mhc.tn.gov.in/judis
CMA.No.3176 of 2021
R.SUBRAMANIAN, J.
dsa
CMA No.3176 of 2021
21.01.2022
-------------
Page No.:6/6
https://www.mhc.tn.gov.in/judis
