Madras High Court
The Managing Director vs R. Rajan on 9 March, 2023
C.M.A.No.2538 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2023
CORAM:
THE HON'BLE Mr.JUSTICE A.A.NAKKIRAN
CMA.No.2538 of 2014
The Managing Director
Tamilnadu State Transport Corporation Ltd.
37, Mettupalayam Road,
Coimbatore – 43 (At Chennimalai road)
Erode. ... Appellant
..vs..
R. Rajan ... Respondent
Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
against the judgment and decree dated 30.06.2011 made in
MCOP.No.1442 of 2008 on the file of the Motor Accident Claims
Tribunal (Additional District & Fast Track Judge, Coimbatore)
For Appellant : Ms. R.T.Sundari
For Respondent : Mr.Ma.P.Thangavel
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the Transport
Corporation to set aside the judgment and decree dated 30.06.2011 made
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C.M.A.No.2538 of 2014
in MCOP.No.1442 of 2008 on the file of the Motor Accident Claims
Tribunal (Additional District & Fast Track Judge, Coimbatore).
2. The case in brief is that on 03.11.2008, at 04.30 p.m., when the
claimant was crossing the road, from right to left side, at that time, the
appellant bus bearing Regn.No.TN-33-N-1836 driven by its driver on
the route proceeding from Coimbatore to Mettur, out of the bus stand in
Dr.Nanjappa Road, hit the claimant, due to which, he sustained fracture
in the leg and injuries all over the body. Claiming that the driver of the
bus had caused the accident and the appellant is liable to pay
compensation, claim petition came to be filed claiming a sum of
Rs.10,00,000/- as compensation before the Tribunal. On consideration of
the materials and evidence available on record, the Tribunal awarded a
total compensation of Rs.8,50,200/- with interest at the rate of 7.5% per
annum from the date of the petition till the date of deposit. Questioning
the quantum of compensation awarded by the Tribunal, the appellant has
filed the present appeal
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C.M.A.No.2538 of 2014
3. The learned counsel for the appellant/Transport Corporation
has submitted that Tribunal has erred in holding that the driver of the
appellant bus was responsible for the accident. He further submitted that
the Tribunal has erred in rejecting the evidence of RW1 who is the best
witness to speak about the accident . The Tribunal erred in presuming the
age of the victim as 35 years without any proof and also fixing the salary
of the victim as Rs.4500/- without any basis. It erred in applying wrong
multiplier 16 while calculating loss of income. It also erred in granting
compensation under the heads of pain and suffering, transport expenses,
extra nourishment, future medical expenses and attendance charges. In
any event, the quantum of compensation granted by the Tribunal is
excessive and arbitrary. Hence, the Transport Corporation is not liable to
pay compensation to the claimant and he prays to allow this appeal.
4. Per contra, the learned counsel for the respondent has submitted
that the Tribunal has granted reasonable compensation under various
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C.M.A.No.2538 of 2014
heads and no modification needs to be granted. Hence, he prays to
dismiss the petition.
5. The Tribunal, based on the oral and documentary evidences, has
awarded a sum of Rs.8,50,200/- as total compensation payable by the
appellant to the claimant under the following heads:
Heads Award Amount
(Rs.)
Pecuniary loss 6,91,200/-
Pain and Sufferings 65000/-
Transport Expenses 9500/-
Extra Nourishment 10,000/-
Future Medical 55,000/-
Expenses
Attender charges 15,000/-
Loss of income during 4500
treatment period
Total Rs.8,50,200/-
6. Heard the learned counsel for the appellant and the learned
counsel for the respondent. Perused the materials available on record.
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C.M.A.No.2538 of 2014
7. A perusal of the records would reveal that the claimant has
sustained left leg fracture, right toe, right leg and injuries all over the
body. PW3 / Doctor in Ex.P3/Disability certificate assessed the partial
permanent disability at 67.067%. Due to the injuries sustained he was
admitted in CMCH Hospital, Coimbatore. However, considering the
nature of the injuries sustained by the claimant, this Court is inclined to
reduce the compensation under the head of pain and sufferings to
Rs.50,000/-. Further a sum of Rs.55,000/- awarded under the head of
future medical expenses is totally set aside. Accordingly, in view of the
modification, the award granted under the pain and sufferings is reduced
to Rs.50,000/- by this Court instead of Rs.65,000/- assessed by the
Tribunal.
8. A perusal of the judgment of the Tribunal would go to show that
it has taken into consideration the documents and has awarded
Rs.6,91,200/- towards pecuniary loss; Rs.10,000/- towards Extra
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C.M.A.No.2538 of 2014
Nourishment; Rs.15,000/- towards Attender Charges and Rs.4,500/-
under the head of loss of income during treatment period which in the
opinion of this Court, is based on evidence on record and hence the said
sum awarded under these heads are confirmed as such. Thus, the break-
up details of the modified compensation are as follows:
Heads Award Amount
(Rs.)
Pecuniary loss 6,91,200/-
Pain and Sufferings 50,000/-
Transport Expenses 9500/-
Extra Nourishment 10,000/-
Attender charges 15,000/-
Loss of income during 4500
treatment period
Total Rs.7,80,200/-
9. In the result, the Civil Miscellaneous Appeal filed by the
appellant is partly allowed by modifying the total compensation from
Rs.8,50,200/- to Rs.7,80,200/-, which is payable with interest at the rate
of 7.5% per annum from the date of petition till the date of deposit.
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C.M.A.No.2538 of 2014
10. The appellant/Transport Corporation shall deposit the modified
compensation amount, as awarded by this Court, less the amount already
deposited, if any, within a period of six weeks from the date of receipt of
a copy of this judgment. On such deposit being made, the Tribunal is
directed to transfer the award amount along with accrued interest as per
the order of this Court to the respondent/claimant through RTGS within a
period of two weeks thereafter. No costs.
Gv 09.03.2023
Index : yes/No
Internet: Yes/No
To
1. The Motor Accident Claims Tribunal,
(Additional District & Fast Track Judge,
Coimbatore)
2. The Section Officer,
V.R.Section,
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C.M.A.No.2538 of 2014
Madras High Court,
Chennai-104.
A.A.NAKKIRAN., J.
gv
CMA. No.2538 of 2014
https://www.mhc.tn.gov.in/judis
C.M.A.No.2538 of 2014
09.03.2023
https://www.mhc.tn.gov.in/judis
