The General Manager vs V.Kalyani
2023 Latest Caselaw 6912 Mad

                                                                            C.M.A.(MD).No.545 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 23.06.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                             C.M.A.(MD).No.545 of 2023
                                                       and
                                             C.M.P.(MD).No.7084 of 2023

                 The General Manager
                 Tamil Nadu Transport Corporation,
                 Marudhupathi,
                 Managiri Road,
                 Karaikudi.                                                       ... Appellant
                                                         -Vs-
                 V.Kalyani                                                        ... Respondent


                 PRAYER: The Civil Miscellaneous Appeal is filed under Section 173 (1) of the
                 Motor Vehicles Act, 1988, against the judgment and award made in M.C.O.P.No.
                 21 of 2019, dated 23.10.2021, on the file of the Motor Accident Claims Tribunal,
                 Sub Court, Ramanathapuram.


                                       For Appellant    : Mr.D.Sivaraman




                 1/7

https://www.mhc.tn.gov.in/judis
                                                                                     C.M.A.(MD).No.545 of 2023




                                                      JUDGMENT

Challenging the award passed by the Motor Accident Claims Tribunal, Sub

Court, Ramanathapuram in M.C.O.P.No.21 of 2019, dated 23.10.2021, the present

appeal has been filed by the Transport Corporation.

2. The brief facts leading to the filing of this appeal are as follows:

On 27.06.2018, when the claimant was travelling in a bus bearing

Registration No.TN 63 N 1598, the bus was driven in a rash and negligent

manner and while overtaking a TATA AC vehicle, which was proceeding in front

of the bus, the bus was dashed against the bus bearing Registration No.TN 63 N

1446. As a result, the claimant, who was seated in the last rear portion of the bus

sustained grievous injuries and his right hand cut into three pieces. The injured

was aged about 52 years and he was a coolie and earning a sum of Rs.10,000/- per

month.

3. It is the contention of the respondent/Transport Corporation before the

Tribunal that the injured has kept his hand outside the bus and despite the

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.545 of 2023

warning given by the conductor, he did not take the hand inside. As a result, he

sustained injuries.

4. Before the Tribunal, on the side of the petitioner, P.W.1 was examined

and Exs.P1 to P6 were marked and on the side of the respondent, R.W.1 was

examined and no document was marked.

5. The Tribunal, after analysing the oral and documentary evidence and the

F.I.R., found that only the driver of the offending vehicle driven the vehicle in a

rash and negligent manner and dashed against the claimant and awarded a sum of

Rs.11,95,292/-.

6. It is the main contention of the learned counsel for the

appellant/Transport Corporation that only the injured has kept his hand outside

the bus, which resulted in the accident and he lost his hand. Therefore, some

contributory negligence has to be fixed against the claimant.

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.545 of 2023

7. In the light of the above submission, now the point for consideration in

this appeal is whether the appellant/Transport Corporation has proved the

contributory negligence on the part of the injured.

8. It is not in dispute that while overtaking the vehicle proceeding in front

of the bus, the bus driver swerved the bus right side. As a result, the bus was

dashed against the body of the TATA AC vehicle. In that process, the injured has

sustained injuries. It is an admitted fact that the injured was seated in a rear side

of the bus and R.W.1 was examined in this regard and while driving the vehicle,

R.W.1 could not have noticed how the injured was seated.

9. Further, the evidence of R.W.1 itself clearly indicate that already

departmental action has been initiated against him for driving the vehicle in a rash

and negligent manner and the accident also occurred, while overtaking the vehicle

proceeding in front of the bus. This fact clearly indicate that the driver of the bus

was negligent in driving the vehicle and caused the accident. Therefore, the

contention of the appellant that there was a contributory negligence on the part of

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.545 of 2023

the claimant cannot be countenanced. As far as the quantum of compensation is

concerned, this aspect clearly established on record that the injured was an

agricultural coolie and his right hand has been completed amputated. Therefore,

he may not be in a position to continue any work particularly the agricultural

coolie. Such being the position, the Tribunal has rightly adopted the multiplier

method. Hence, the award passed by the Tribunal does not require any

interference and there is no merit in this appeal.

10. In the result, the Civil Miscellaneous Appeal is dismissed and the

compensation awarded by the Tribunal is confirmed. The appellant / Transport

Corporation is directed to deposit the entire award amount within a period of one

month from the date of receipt of a copy of this judgment with interest at the rate

of 7.5% per annum. On such deposit, the claimant is permitted to withdraw the

same with accrued interest and cost. No costs. Consequently, the connected

Miscellaneous Petition is closed.

23.06.2023

akv

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.545 of 2023

To

1.The Motor Accident Claims Tribunal, Sub Court, Ramanathapuram.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD).No.545 of 2023

N.SATHISH KUMAR, J.

akv

C.M.A.(MD).No.545 of 2023

23.06.2023

https://www.mhc.tn.gov.in/judis