Madras High Court
The Managing Director vs Subramani on 23 June, 2022
CMA.No.1837 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2022
CORAM:
THE HONOURABLE MS. JUSTICE P.T.ASHA
CMA.No.1837 of 2021
&
CMP No.9868 of 2021
The Managing Director
Tamil Nadu State Transport Corporation Ltd.,
No.3/137, Salamedu, Vazhureddy & Post,
Villupuram Circle and District. .. Appellant
vs.
Subramani, S/o. Annamalai Kumar ..Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the decree and judgment dated
12.02.2021 made in M.C.O.P. No.158 of 2019 on the file of the Motor
Accident Claims Tribunal, Special Sub Judge, Thiruvannamalai.
For Appellant : Mr.K.J. Sivakumar
For Respondent : Mr. Paneer Selvam
JUDGMENT
The State Transport Corporation has filed this Civil
Miscellaneous Appeal seeking to set aside the award passed in
M.C.O.P.No.158 of 2019 by the Motor Accident Claims Tribunal,
Thiruvannamalai.
2. The facts in brief are as follows:
https://www.mhc.tn.gov.in/judis
CMA.No.1837 of 2021
2.1 The respondent/claimant had filed the abovesaid claim
petition seeking compensation of a sum of Rs.10,00,000/- for the injuries
sustained by him in an accident dated 06.02.2019 involving a bus
belonging to the appellant herein.
2.2. It is the case of the respondent/claimant that on 06.02.2019
around 6.30 p.m., when the respondent/claimant was waiting on the edge
of the road, a bus belonging to the respondent bearing Registration
No.TN-32-N 4098, which was driven in a rash and negligent manner by
the driver of the appellant/respondent, hit the claimant, as a result of
which, he sustained grievous injuries. Therefore, the claimant had come
forward with the above claim petition.
2.3. The appellant/respondent has filed its counter denying
negligence on the part of the driver and also on the quantum of
compensation of the claim made by the claimant. They also contended
that the quantum of compensation was on the higher side.
2.4. The tribunal below, on considering the evidence of P.W.1
https://www.mhc.tn.gov.in/judis
CMA.No.1837 of 2021
and perusing Ex.B1, arrived at a finding that it was the driver of the
appellant/respondent bus, who was responsible for the accident on
account of his rash and negligent driving. The tribunal had taken into
account the disability certificate issued under Ex.P5 by the Institute of
Mental Health, Kilpauk, to arrive at a disability of 75%. The Tribunal,
thereafter, fixed a notional income of Rs.7,500/- per month and awarded
a compensation of Rs.4,72,500/- towards loss of earning capacity,
Rs.1,50,000/- towards pains and sufferings, Rs.1,20,000/- towards loss
of amenities, Rs.80,000/- towards attender charges, Rs.70,000/- towards
shock and mental agony, Rs.60,000/- towards extra nourishment and
Rs.50,000/- towards transport expenses. The appellant/transport
Corporation has challenged the same both on the ground of quantum as
well as negligence.
3. Heard the learned counsel on both sides.
4. As regards the issue of negligence, from the FIR marked as
Ex.P1, it is clear that the accident was the result of rash and negligent
driving by the driver of the respondent bus. The appellant has not been
able to produce any proof to set aside the above finding. Therefore, the
https://www.mhc.tn.gov.in/judis
CMA.No.1837 of 2021
finding of the tribunal with reference to negligence is confirmed.
5. As regards the quantum of compensation, the tribunal has
taken into account only a sum of Rs.7,500/- per month as claimant's
income, though he had sought for a sum of Rs.15,000/- per month from
his vegetable vending business, and awarded Rs.4,72,500/- towards loss
of income. The tribunal has assessed the disability at 75%, which is also
supported by the evidence of P.W.2. Considering the fact that the
tribunal had extensively considered the evidence, both oral and
documentary, to arrive at the award, which is now the subject matter of
the appeal, I see no reason to set aside the same. Accordingly, this Civil
Miscellaneous Appeal stands dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
23.06.2022
bga
Index : Yes/No
Speaking / Non-speaking order
https://www.mhc.tn.gov.in/judis
CMA.No.1837 of 2021
To
The Special Judge
Motor Accident Claims Tribunal,
Thiruvannamalai.
https://www.mhc.tn.gov.in/judis
CMA.No.1837 of 2021
P.T. ASHA, J.
bga
CMA.No.1837 of 2021
&
CMP No.9868 of 2021
23.06.2022
https://www.mhc.tn.gov.in/judis
