Madras High Court
The Managing Director vs Chinnakannu on 28 June, 2023
C.M.A(MD)No.754 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.754 of 2015
and
M.P(MD)No.1 of 2015
The Managing Director,
Tamil Nadu State Transport Corporation,
Madurai Division-2) Limited,
Thiruvanandapuram Road,
Vannarapettai, Tirunelveli.
... Appellant/1st Respondent
Vs.
1.Chinnakannu ... Respondent/Petitioner
2.Sekar
3.Reliance Insurance Company Limited,
Chennai Branch.
... Respondents/Respondents 2&3
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, to set aside the judgment and decree passed in
M.C.O.P.No.117 of 2007, dated 21st day of October 2008 on the file of
the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court,
Thoothukudi.
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C.M.A(MD)No.754 of 2015
For Appellant : Mr.M.Prakash
For R1 : Mr.M.Gnanagurunathan
For R2&R3 : No Appearance
JUDGMENT
The present appeal has been filed by the transport corporation
challenging the award passed by the Motor Accident Claims Tribunal,
Thoothukudi in M.C.O.P.No.117 of 2007 primarily on the ground of
negligence and quantum.
2. The claimant was a passenger in the 1st respondent transport
corporation bus on 23.04.2007, which had dashed against a parked lorry
owned by the 2nd respondent and insured with the 3rd respondent. The
claimant has contended that the accident has taken place only due to the
rash and negligent driving on the part of the driver of the bus.
3. However, the transport corporation has filed a counter
contending that the accident has taken place only due to the manner of
parking of the lorry by the driver of the 2nd respondent.
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C.M.A(MD)No.754 of 2015
4. The tribunal after considering the oral and documentary
evidence has arrived at a categorical finding that the accident has taken
place solely due to the negligence on the part of the driver of the
transport corporation. Thereafter, proceeded to fix the compensation at
Rs.2,62,000/-. Challenging the said award, the present appeal has been
filed by the transport corporation.
5. According to the learned counsel appearing for the appellant,
the tribunal was not right in fixing the negligence on the part of the
driver of the transport corporation. In fact, the accident has taken place
only due to the negligence on the part of the driver of the lorry. He
further contended that the quantum of award awarded to the claimant is
unreasonable and it is excessive. Hence, he prayed for allowing the
appeal.
6. Per contra, the learned counsel appearing for the claimant
pointed out that another passenger who had sustained injuries in the same
accident had filed M.C.O.P.No.119 of 2007 and a common award was
passed by the tribunal. However, the transport corporation has not
chosen to file any appeal as against the said award. Therefore, the issue
of negligence cannot be raised again in the present appeal by the
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transport corporation. He further contended that considering the nature of
C.M.A(MD)No.754 of 2015
injuries and the disability suffered by the claimant, the award is
reasonable and therefore, the same cannot be disturbed.
7. I have carefully considered the submissions made on either side
and perused the material records.
8. The claimant by name, Chinnakannu and another claimant by
name Sundaravel, both have travelled as passengers in the bus belonging
to the 1st respondent transport corporation. The bus had dashed against a
parked lorry at 06.00 a.m on 23.04.2007. In the said accident, both the
claimants have sustained grievous injuries. The claimant Chinnakannu
had filed M.C.O.P.No.117 of 2007 and Sundaravel had filed
M.C.O.P.No.119 of 2007. Both the claim petitions were heard together
and a common award was passed by the tribunal on 21.10.2008. As
against the award passed in M.C.O.P.No.117 of 2007, the present appeal
has been filed. According to the learned counsel appearing for the
appellant transport corporation, though they have filed another appeal as
against the award in M.C.O.P.No.119 of 2007, the same is pending in the
SR stage from the year 2009 onwards. Therefore, it is clear that the
transport corporation has not chosen to number the appeal for the past 14
years.
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C.M.A(MD)No.754 of 2015
9. When the appeal as against M.C.O.P.No.119 of 2007 has not
been numbered for the past 14 years, this Court finds that the issue
relating to negligence cannot be raised again in the present appeal arising
out of M.C.O.P.No.117 of 2007.
10. As far as the quantum is concerned, the tribunal had relied
upon the disability certificate which discloses that the claimant has
suffered 65% disability. Based upon the said disability certificate, a sum
of Rs.1,30,000/- has been awarded. The tribunal has further awarded a
sum of Rs.5,000/- towards extra nourishment, a sum of Rs.25,000/-
towards pain and suffering, a sum of Rs.77,000/- towards medical
expenses and transport charges. The tribunal has further awarded a sum
of Rs.15,000/- towards amenities. This Court does not find the said
award amount is either unreasonable or excessive. The tribunal has
awarded a sum of Rs.10,000/- towards loss of happiness in life which
is not legally sustainable. However, this Court finds that the claimant had
sustained grievous injuries and plates and screws have been implanted as
per medical reports and it is also submitted that she requires a second
surgery. Therefore, considering the said fact, a sum of Rs.10,000/- could
be awarded under the head of attender charges. The tribunal has awarded
a sum of Rs.20,000/- towards future medical expenses which stands
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confirmed.
C.M.A(MD)No.754 of 2015
11. In view of the above said deliberations, the total award amount
of the tribunal, namely a sum of Rs.2,62,000/- stands confirmed and the
Civil Miscellaneous Appeal stands dismissed. No costs. Consequently,
connected Miscellaneous Petition is closed.
28.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
To
1.The Motor Accident Claims Tribunal/
Chief Judicial Magistrate Court,
Thoothukudi.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A(MD)No.754 of 2015
R.VIJAYAKUMAR,J.
gbg
Judgment made in
C.M.A(MD)No.754 of 2015
28.06.2023
https://www.mhc.tn.gov.in/judis
