Madras High Court
Tamil Nadu State Transport ... vs S.Sathyamoorthi on 17 October, 2022
C.M.A.(MD)No.941 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.10.2022
CORAM:
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.M.A.(MD)No.941 of 2022
and
C.M.P.(MD)No.9346 of 2022
Tamil Nadu State Transport Corporation,
Karaikudi,
Sivagangai District,
represented by its Managing Director
... Appellant/Respondent
Vs.
S.Sathyamoorthi ... Respondent/Claimant
Prayer : This Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicle Act 1988, to set aside the impugned award passed in
M.C.O.P.No.588 of 2016 dated 02.06.2020 on the file of the MACT
(Special Sub Court), Madurai.
For Appellant : Mr.P.M.Vishnuvarthanan
JUDGMENT
This Civil Miscellaneous Appeal is directed against the award
passed in M.C.O.P.No.588 of 2016 dated 02.06.2020 on the file of the
Special Sub Court for Motor Accident Claims Tribunal, Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.941 of 2022
2. The appellant/Transport Corporation, which was made liable to
pay compensation of Rs.4,84,000/- to the claimant/respondent, who
sustained disability in the accident occurred on 08.10.2015, challenged
the liability mulcted on it and also the quantum of award fixed at by the
Tribunal.
3. The main contention of the appellant/Transport Corporation is
that the Tribunal, without any basis and without any evidence, by
completely ignoring the contentions raised in the counter statement, has
passed the award mechanically, that the Tribunal has granted
compensation on humanitarian ground merely on the presumptions and
assumptions, that the claimant/respondent has not produced any iota of
evidence to prove his income and that therefore, the compensation
awarded is on higher side and is unreasonable.
4. Regarding the liability, the case of the claimant/respondent is
that while he was driving in Maruthi car, the appellant/Transport
Corporation bus driver had driven the bus in a rash and negligent manner
and dashed against the Maruthi car and caused the accident.
5. The learned trial Judge, on the basis of the evidence, has pointed
out the evidence of the driver of the bus, who was examined as R.W.1 that
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.941 of 2022
charge sheet has already been filed against him and he is contesting the
criminal case and that he has not produced any materials to show that he
had lodged a complaint against the Maruthi car driver.
6. As rightly observed by the Tribunal, the appellant/Transport
Corporation has not specifically averred the mode of accident and the
way in which the car driver was responsible for the accident.
7. The Tribunal, on considering the evidence adduced by the
claimant/respondent's side and also taking note of the evidence of the bus
driver, has rightly come to a decision that the accident was occurred due
to the rash and negligent driving of the bus driver and accordingly
mulcted liability on the appellant/Transport Corporation.
8. Now turning to the quantum of compensation awarded,
according to the appellant/Transport Corporation, there is absolutely no
proof of income.
9. No doubt, the Tribunal has also specifically observed that though
the claimant/respondent has taken a stand that he was doing agricultural
work and was earning a sum of Rs.40,000/- per month, he has not
produced any evidence to prove his work and income.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.941 of 2022
10. Considering the nature of the injuries suffered and the
consequent disability sustained and taking note of the medical records
and the fixation of disability at 49.5% by the medical Board, the Tribunal
has rightly awarded a sum of Rs.4,000/- per percentage and awarded a
sum of Rs.2,00,000/- towards the disability and a sum of Rs.20,000/- for
pain and suffering and a sum of Rs.10,000/- for extra nourishment.
11. Considering the nature of injuries and period of treatment, the
Tribunal has rightly awarded a sum of Rs.5,000/- towards transportation,
loss of cloth and articles at Rs.2,000/-, attendant charges at Rs.8,000/-
and loss of income at Rs.20,000/-.
12. Considering the medical bills, the Tribunal has awarded a sum
of Rs.2,19,000/- towards the medical expenses and arrived at
Rs.4,84,000/- as total compensation.
13. The appellant/Transport Corporation has not advanced any
other contentions or arguments to impugned the said award. Hence, this
Court decides that the above appeal is devoid of merits and the same is
liable to be dismissed. Considering the other facts and circumstances of
the case, this Court further decides that the parties are to be directed to
bear their own costs.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.941 of 2022
14. In the result, this Civil Miscellaneous Appeal is dismissed.
Parties are directed to bear their own costs. Consequently, connected
miscellaneous petition is closed.
17.10.2022
Index :yes/No
Internet:yes/No
csm
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.941 of 2022
K.MURALI SHANKAR,J.
csm
C.M.A.(MD)No.941 of 2022
and
C.M.P.(MD)No.9346 of 2022
17.10.2022
https://www.mhc.tn.gov.in/judis
