Madras High Court
The Managing Director vs J.Thomas on 9 March, 2022
C.M.A.No.1619 of 2009
and M.P.No.1 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2022
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
C.M.A.No.1619 of 2009
and
M.P.No.1 of 2009
The Managing Director,
M/s.Tamilnadu State Transport Corporation,
Division-4,
Palani division,
Madurai. ...Appellant
Vs
1. J.Thomas
S/oP.Joseph
2. K.Krishnakumar,
S/o.Kalimuthu
3. D.Robert,
S/o.Thomas
4. Royal Sundaram Alliance Insurance Company Ltd.,
Divisional Office No.4 A,
4th Floor, Thirumalai Towers,
Door No.723, Avinachi Road, Coimbatore-18.
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.No.1619 of 2009
and M.P.No.1 of 2009
5. P.Sethuram
Driver, TNSTC, division – 4,
Madurai.
[R-5 Driver given up] ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles
Act against the Decree and Judgment dated 20.11.2006 made in M.C.O.P.No.1490
of 2005, on the file of the Motor Accidents Claims Tribunal and Sub Court,
Coimbatore and to set aside the same.
For Appellant : Mr.D.Raghu
For R1 and R3 : Mr.A.Sivaji
JUDGMENT
The appellant, Tamilnadu State Transport Corporation has filed this appeal
challenging the negligence and quantum of compensation in the Award dated
20.11.2006.
2. The first respondent herein is the injured claimant. He filed
MCOP.No.1490 of 2005 claiming a sum of Rs.4,00,000/- for the injuries he
sustained in the accident that occurred on 11.05.2005. As per the averments in the
https://www.mhc.tn.gov.in/judis
C.M.A.No.1619 of 2009
and M.P.No.1 of 2009
claim petition, on 11.05.2005, when the claimant was travelling in a Honda Santro
car bearing Registration No.TN-38-S3848, a Government bus bearing Registration
No.TN 57 N 1100 belonging to the fifth respondent and driven by the fourth
respondent herein, came in a rash and negligent manner in the opposite direction
and hit the car; as a result of which the petitioner, who was travelling in the car,
sustained grievous injuries.
3. Before the Tribunal, the claimants and the Insurance Company/R-4 let in
evidence, both oral and documentary. The driver of the bus/the fifth respondent
herein has also been examined as D.W.2 and he has not filed any documentary
evidence. After going through the entire evidence, the Tribunal based on the
evidence of P.W.2 and the contents of Ex.A.1 copy of FIR and Ex.P.2 Final Report
filed in the above case, the Tribunal has held that the accident took place due to
the rash and negligent driving of the driver of the car bearing Registration No.TN-
38-S3848 and the Government bus bearing Registration No.TN 57 N 1100
belonging to the appellant.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1619 of 2009
and M.P.No.1 of 2009
4. The above finding is based on the evidence and this Court is not inclined
to interfere with the same. Accordingly, the finding in respect of negligence is
confirmed.
5. Insofar as the injuries sustained by the first respondent/claimant is
concerned, the Tribunal has taken into account Ex.A.6-Wound certificate and
Ex.A.10 X ray and Ex.A.11 X ray report and came to the conclusion that the first
respondent/claimant sustained grievous injuries and the Tribunal awarded the
compensation under following heads:-
Sl.No. Heads under which compensation Amount of compensation
grated by the Tribunal granted in Rs.
1. Loss of income Rs.5,000/-
2. For Transportation Rs. 500/-
3. For nourishment Rs. 1,000/-
4. For medical expenses Rs.88,000/-
5. For injuries Rs.10,000/-
6. For Pain and sufferings Rs.10,000/-
Total Rs.1,14,500/-
6. The compensation awarded by the Tribunal cannot be held to be either
excessive or arbitrary. But it is a just compensation and in such view of the matter,
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C.M.A.No.1619 of 2009
and M.P.No.1 of 2009
this Court finds no infirmity in the Award of the Tribunal, warranting any
interference and accordingly, the Award passed by the Tribunal is confirmed.
7. By order dated 06.07.2013, this Court while ordering interim stay of
operation of the award, directed the appellant-Tamilnadu State Transport
Corporation to deposit 50% of the Award amount with accrued interest. Since this
Court confirmed the Award passed by the Tribunal, the appellant is directed to
deposit the balance Award amount with accrued interest and costs. On such
deposit, the 1st respondent is permitted to withdraw the amount lying in the deposit
along with interest and costs without filing formal petition before the Tribunal.
8. In the result, the Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
09.03.2022
Index : Yes/No
Internet : Yes/No
kas
https://www.mhc.tn.gov.in/judis
C.M.A.No.1619 of 2009
and M.P.No.1 of 2009
To
1. The Motor Accidents Claims Tribunal and Sub Court,
Coimbatore
2. The Section Officer,
VR Section, Madras High Court.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1619 of 2009
and M.P.No.1 of 2009
J.NISHA BANU, J.
kas
C.M.A.No.1619 of 2009
and M.P.No.1 of 2009
09.03.2022
https://www.mhc.tn.gov.in/judis
