Madras High Court
The Managing Director vs Manoharan on 13 September, 2022
C.M.A(MD)No.859 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 13.09.2022
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
C.M.A(MD)No.859 of 2022
and
C.M.P.(MD)No.8145 of 2022
The Managing Director,
Tamil Nadu State Transport Corporation,
Kumbakonam. : Appellant /Respondent
Vs.
Manoharan : Respondent
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the impugned award passed in
M.C.O.P.No.875 of 2019, dated 13.07.2020 on the file of the MACT
(Special Subordinate Judge's Court), Thanjavur.
For Appellant : Mr.P.M.Vishnuvarthanan
JUDGMENT
The Civil Miscellaneous Appeal is directed against the judgment
and decree passed in M.C.O.P.No.875 of 2019, dated 13.07.2020 on the
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.859 of 2022
file of the Motor Accident Claims Triunal (Special Subordinate Judge's
Court), Thanjavur.
2.The appellant/Transport Corporation, who was directed to pay
compensation of Rs.1,43,940/- with interest at 7.5% per annum for
disability suffered consequent to an accident occurred on 04.04.2019,
challenged the liability mulcted on it and quantum of compensation
awarded by the Tribunal.
3.The Tribunal, upon considering the evidence both oral and
documentary, has awarded a sum of Rs.1,43,940/- as compensation with
interest at 7.5% per annum.
4. The appellant/respondent had taken a stand that the claimant has
travelled in the bus carelessly and only because of his negligence, the
accident had taken place.
5.The trial Court by observing that the evidence of P.W.1 regarding
rash and negligent driving of the bus driver remained unchallenged; that
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C.M.A(MD)No.859 of 2022
the appellant has not examined any witnesses to show that the respondent
was responsible for the accident, has rightly decided that the accident
was occurred only due to the rash and negligent driving of the bus driver.
6. The appellant has challenged the quantum of compensation
mainly on the ground that the Tribunal adopted highest amount of
Rs.8,000/- per month as the petitioner's income, but the Tribunal by
observing that the claimant has not produced any documentary evidence
to show that he was earning Rs.20,000/- per month by doing electrical
works, taking note of the fact that a daily wager can earn not less than
Rs.8,000/- per month, has fixed the monthly income at Rs.8,000/-.
7. It is pertinent to note that the Medical Officer, who had
examined the claimant, has quantified the disability at 25.7% and the
Tribunal by adopting multiplier formula has arrived at Rs.94,940/-
towards loss of income due to the disability.
8. The Tribunal has also awarded Rs.15,000/- towards loss of
amenities; Rs.8,000/- towards loss of income during treatment and
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C.M.A(MD)No.859 of 2022
Rs.6,000/- towards attendant charges; Rs.15,000/- towards pain and
sufferings and Rs.5,000/- towards conveyance charges and special diet;
all totalling Rs.1,43,940/-. Considering the nature of the injuries suffered,
period of treatment and disability suffered, the amount awarded under
various heads by the Tribunal are very much reasonable and the same are
to be sustained. Consequently, this Court concludes that the Civil
Miscellaneous Appeal is devoid of merits and the same is liable to be
dismissed.
9.In the result, the Civil Miscellaneous Appeal is dismissed and
the impugned award, dated 13.07.2020, made in M.C.O.P.No.875 of
2019, on the file of the MACT (Special Subordinate Judge's Court),
Thanjavur, is confirmed. No costs. Consequently, connected
Miscellaneous Petition is closed.
13.09.2022
Index : Yes : No
Internet : Yes : No
das
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.859 of 2022
To
1.The Motor Accident Claims Triunal,
(Special Subordinate Judge's Court),
Thanjavur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.859 of 2022
K.MURALI SHANKAR,J.
das
C.M.A(MD)No.859 of 2022
and
C.M.P.(MD)No.8145 of 2022
13.09.2022
https://www.mhc.tn.gov.in/judis
