Madras High Court
The Managing Director vs M.Kameswaran on 20 January, 2023
C.M.A(MD)No.223 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.01.2023
CORAM
THE HON'BLE DR JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR JUSTICE SUNDER MOHAN
C.M.A(MD)No.223 of 2014
and
M.P(MD)No.1 of 2014
and
Cross Obj.(MD)No.14 of 2014
in
C.M.A(MD)No.223 of 2014
C.M.A(MD)No.223 of 2014
The Managing Director,
State Express Transport Corporation Limited,
Pallavan Salai,
Chennai-600 002 .. Appellant/Respondent
Vs.
M.Kameswaran .. Respondent/Petitioner
Appeal filed under Section 173 of Motor Vehicles Act, 1988, praying
this Court, against the judgment and decree in M.C.O.P.No.1048 of 2010
dated 27.06.2012 on the file of the Motor Accidents Claims Tribunal/IV
Additional District Court, Madurai.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.223 of 2014
For Appellant :Mr.P.Prabhakaran
For Respondent :Mr.S.Sankarapandian
Cross Obj.(MD)No.14 of 2014
Kameswaran ..Cross Objector/Respondent
Vs.
The Managing Director,
State Express Transport Corporation Limited,
Pallavan Salai,
Chennai-600 002 .. Respondent/Appellant
Cross Objection filed under Order 41 Rule 22 of C.P.C, praying this
Court, to set aside the decree and judgment dated 27.06.2012 made in
M.C.O.P.No.1048 of 2010 on the file of the Motor Accidents Claims
Tribunal (IV Additional District Court), Madurai, in so far as the quantum
fixed by the Tribunal and enhance the same as Rs.5,00,000/- and dismiss the
appeal filed by the respondent.
For Cross
objector :Mr.S.Sankarapandian
For Respondent :Mr.P.Prabhakaran
Page 2 of 6
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.223 of 2014
COMMON JUDGMENT
DR G.JAYACHANDRAN,J.
AND
SUNDER MOHAN,J.
This appeal is preferred by the Transport Corporation as against the
award passed by the Tribunal in M.C.O.P.No.1048 of 2010 filed by one
Kameswaran, who suffered injuries in the accident occurred on 31.03.2010.
2.On 31.03.2010, at about 24 hours, the two wheeler bearing
Registration No.TN-59-AZ-7668, was driven by one P.M.Sureshkumar with
Kameswaran as a pillion rider met with an accident near Thirumangalam to
Melur Road. The two wheeler dashed against the Transport Corporation bus
bearing Registration No.TN-01-N-7007. While the rider of the two wheeler
P.M.Sureshkumar, died on the spot and the pillion rider Kameswaran
sustained grievous injuries got admitted in Madurai Institute of Orthopedics
and Traumatology, Madurai and he was treated as an inpatient for sufficient
period. Implantation was done for the fracture sustained by him. Therefore,
he preferred a claim petition in M.C.O.P.No.1048 of 2010 claiming a sum of
Rs.5,00,000/- as compensation for his permanent disability.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.223 of 2014
3.The Tribunal, after considering the medical records and the
information furnished by the Doctor, has awarded a sum of Rs.2,25,000/- as
compensation with interest.
4.The said award is challenged by the Transport Corporation on the
ground that the accident had occurred only due to the negligence of the rider
of the two wheeler and also the compensation is on the higher side.
5.On a perusal of the records, this Court finds that the reasoning
given by the trial Court fixing the negligence on the part of the bus driver
stands unassailed. As far as the quantum of compensation is concerned, the
claimant has also preferred a Cross Objection Petition stating that Ex.P.5,
consolidated bills given by Madurai Hospital for Rs.99,206/-, is not being
taken into account by the Tribunal. This Court, on perusing the records,
finds that the compensation awarded by the Tribunal to Kameswaran, is
based on the evidence and proportionate to the percentage of the permanent
disability caused to him. While considering the compensation by
inadvertence the Tribunal has failed to take note of Ex.P.5 and there is no
discussion about Ex.P.5, though it has been duly proved by evidence.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.223 of 2014
Hence, Ex.P.5 has to be taken note, while awarding compensation.
6.Accordingly, this Cross Objection Petition is allowed and the Civil
Miscellaneous Appeal is dismissed. A sum of Rs.99,000/- being the medical
expenses is taken note of and additional compensation of Rs.99,000/- with
interest at the rate of 7.5% p.a., awarded. The compensation as enhanced
shall be deposited in M.C.O.P.No.1048 of 2010 on the file of the Motor
Accidents Claims Tribunal/IV Additional District Court, Madurai, within a
period of 8 weeks from the date of receipt of a copy of this order.
7.On such deposit being made, the claimant is permitted to withdraw
the amount so deposited with accrued interest and cost, less the award
amount already withdrawn if any. Registry is directed to draft the decree in
the appeal, after the payment of excess Court Fee on the enhanced award
amount. No costs. Consequently, connected miscellaneous petition is closed.
(G.J.,J.) (S.M.,J.)
20.01.2023
NCC:Yes/No
Index:Yes/No
Internet:Yes/No
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.223 of 2014
DR G.JAYACHANDRAN,J.
and
SUNDER MOHAN,J.
Ns
To
1.The Motor Accidents Claims Tribunal/
IV Additional District Court,
Madurai.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai
C.M.A(MD)No.223 of 2014
and
M.P(MD)No.1 of 2014
and
Cros. Obj(MD)No.14 of 2014
in
C.M.A(MD)No.223 of 2014
20.01.2023
https://www.mhc.tn.gov.in/judis
