Madras High Court
The Managing Director vs T.Sakthivel on 4 January, 2023
C.M.A.No.2915 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2023
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.2915 of 2022
and C.M.P.No.22551 of 2022
The Managing Director
Tamil Nadu State Transport Corporation Ltd
Division-III, Chennai to Bangalore Highways Road
Poneerikarai, Karai Village & Post
Kanchipuram District .. Appellant
Versus
T.Sakthivel, S/o. Thanthoni
Vedal Village & Post
Kanchipuram Taluk .. Respondents
Prayer : Appeal filed under Section 173 of Motor Vehicles Act, 1988 against
the Judgment and Decree of the Motor Accident Claims Tribunal, Additional
Subordinate Judge, Kanchipuram made in MCOP.No.230 of 2011 dated
27.09.2019.
For Appellant : Mr.K.J.Sivakumar
For Respondent : Mr.C.Prabharakan
JUDGMENT
The Appeal has been filed against the Judgment and Decree of the
Motor Accident Claims Tribunal, Additional Subordinate Judge, Kanchipuram
made in MCOP.No.230 of 2011 dated 27.09.2019.
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C.M.A.No.2915 of 2022
2. The Transport Corporation is the Appellant herein, challenging the
award passed by the Tribunal in the above M.C.O.P.
3. The Transport Corporation filed this appeal on the ground of quantum
of compensation. The respondent herein has suffered injury by way of accident
caused by the driver of the Transport Corporation on 18.02.2009, hence, the
claimant/respondent filed the above M.C.O.P seeking compensation for the
injuries. The Tribunal awarded Rs.1,07,000/- (Rupees one lakh and seven
thousand only) as compensation along with interest at the rate of 7.5% per
annum from the date of that petition and till date of deposit. Aggrieved against
the same, the Transport Corporation has preferred this Appeal.
4. During the trial, it appears that Ex-A1, Chargesheet, Ex.A2, FIR were
filed and based upon the overall documentary evidences, the Trial Court has
come to the conclusion that the accident incurred was due to rash and
negligence on the part of the driver of the Transport Corporation bus.
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C.M.A.No.2915 of 2022
5. In the absence of any challenge as to the manner of the accident,
factum of the accident and rash and negligent driving on the part of the
offending vehicle, the said finding rendered by the Trial Court is hereby
confirmed.
6. On the point of quantum of compensation both the parties are heard.
7. From Ex.P3, P4, P5, P6 & P7, it is seen that the injured was in the
hospital from 18.02.2009 to 25.02.2009. In other words, he was taking
treatment as in-patient for a period of 8 days and his Disability Ceritifictate was
marked as Ex.P7. The Trial Court on its entirety and consideration has awarded
Rs.1,07,000/- (Rupees one lakh and seven thousand only) as compensation
along with interest at the rate of 7.5% per annum for additionam medicines,
extra nourishment, damages to clothes and articles, mental shock and agony,
loss of amenities, pain and sufferings of the claim petitioner.
8. Considering the nature of the injury, pain suffered by the claim
petitioner, expenses met out for the extra nourishment, injury and
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C.M.A.No.2915 of 2022
transportation, I find that the quantum of compensation awarded by the Trial
Court is just and fair which does not require interference at this appeal stage.
9. Accordingly, this Civil Miscellaneous Appeal stands dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
04.01.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
dhk
To
The Presiding Officer,
Motor Accident Claims Tribunal
(Additional Subordinate Court),
Kancheepuram
https://www.mhc.tn.gov.in/judis
C.M.A.No.2915 of 2022
RMT.TEEKAA RAMAN.J,
dhk
C.M.A.No.2915 of 2022
04.01.2023
https://www.mhc.tn.gov.in/judis
