Madras High Court
The Managing Director vs Minor Manoj on 24 June, 2022
CMA.No.495 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM:
THE HONOURABLE MS. JUSTICE P.T.ASHA
CMA.No.495 of 2022
and
CMP No.3642 of 2022
The Managing Director,
M/s. Tamil Nadu State Transport Corporation
Head Office No.12, Ramakrishna Road
Salem 636 007 ...Appellant
vs.
Minor Manoj, S/o. Satheesh
(Minor rep by his guardian/Father
Satheesh, S/o. Perumal ..Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the order dated 18.08.2021 made in
M.C.O.P. No.1005 of 2019 on the file of the Motor Accident Claims
Tribunal, Special Sub Judge I, Salem.
For Appellant : Mr.D. Venkatachalam
For Respondent : Respondent name printed
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CMA.No.495 of 2022
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the Transport
Corporation challenging the award passed in M.C.O.P. No.1005 of 2019
by the learned Special Subordinate Judge I, Motor Accident Claims
Tribunal, Salem, both on the ground of negligence as well as quantum.
2. The facts in brief are as follows:-
2.1. The respondent/claimant, who is just aged about 15 years and
studying in 9th standard had driven a motor cycle bearing Registration No.
TN 30BW 0457 on 01.02.2019 on Karuppur-Vellalapatti road, when a
bus belonging to the appellant corporation which proceeded in the same
direction had hit the two wheeler from behind , which resulted in the
accident causing injuries to the minor. He was immediately taken to the
Neuro Foundation Hospital and given treatment for 10 days as an
inpatient. The respondent/claimant had claimed a total compensation of
Rs.20,00,000/- for the injuries sustained by him.
2.2. The transport corporation had taken a defence that the accident
would not have happened if the petitioner who is a minor had not driven
the vehicle. They had contended that it is the minor petitioner who had
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CMA.No.495 of 2022
driven the vehicle in a rash and negligent manner on the main road, which
resulted in the accident.
2.3. The Tribunal below, held the negligence to be both on the
driver of the transport corporation as well as the minor and apportioned
the negligence as 90% on the transport corporation and 10% on the
respondent/claimant and awarded a sum of Rs.2,56,586/- to the claimant
after deducting 10% towards contributory negligence. Aggrieved by the
same, the appellant/respondent is before this Court.
3. The respondent/claimant though served both through Court as
well as privately, has not chosen to appear before this Court.
4. Heard Mr.D. Venkatachalam, learned counsel appearing on
behalf of the appellant transport corporation.
5. Considering the fact that the minor who is just aged about 15
years has chosen to ride the motor cycle on the main road, where traffic is
heavy, 10% negligence mulcted on the respondent/claimant has to be
definitely enhanced to 25% since the minor is an inexperienced driver.
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CMA.No.495 of 2022
He has not only put himself to danger but also the others using the main
road where the flow of traffic is high. Therefore, the apportionment of
negligence would be 25% on the claimant and 75% on the Insurance
Company However, with reference to the quantum, the same is in order
and therefore, does not require any revision.
6. In the result, this Civil Miscellaneous Appeal is partly allowed.
The compensation of Rs.2,56,586/- awarded by the Tribunal is hereby
reduced to Rs.2,13,822/- (Rupees two lakhs thirteen thousand eight
hundred and twenty two only) together with interest at the rate of 7.5%
per annum from the date of petition till the date of deposit. The
appellant/Transport Corporation is directed to deposit the modified award
amount to the credit of M.C.O.P. No.1005 of 2019 on the file of the
learned Special Subordinate Judge I, Motor Accident Claims
Tribunal,Salem, along with interest and costs, less the amount already
deposited, if any, within a period of eight weeks from the date of receipt
of a copy of this judgment. The award amount shall be deposited in any
one of the nationalized bank till the claimant attain majority and the
guardian and father of the claimant shall be permitted to withdraw
quarterly interest from the said amount. In other respects, the Award of
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CMA.No.495 of 2022
the Tribunal is hereby confirmed. The appellant/Transport Corporation
is permitted to withdraw the excess amount lying in the deposit to the
credit of M.C.O.P. No.1005 of 2019, if the entire award amount has
already been deposited by them. There shall be no order as to costs in the
present appeal. Consequently, connected miscellaneous petition is closed.
24.06.2022
bga
Index : Yes/No
Speaking / Non-speaking order
To,
The Special Subordinate Judge I,
Motor Accident Claims Tribunal,Salem.
https://www.mhc.tn.gov.in/judis
CMA.No.495 of 2022
P.T.ASHA, J.
bga
CMA.No.495 of 2022
and
CMP No.3642 of 2022
24.06.2022
https://www.mhc.tn.gov.in/judis
