Madras High Court
The Managing Director vs S.Ramalingam on 16 October, 2023
C.M.A(MD)No.336 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
AND
THE HONOURABLE MR.JUSTICE P.B.BALAJI
C.M.A(MD)No.336 of 2020
and
C.M.P(MD)Nos.4372 of 2020
The Managing Director,
Tamilnadu State Transport Corporation,
having its office at New Railway Station Road,
Kumbakonam Town & Taluk,
Thanjavur District. ...Appellant/Respondent
.vs.
S.Ramalingam
represented by his wife R.Pazhaniammal,
Sethurayar Theru,
Thondarampattu West,
Thirumangalakkottai (Post),
Orathanadu (Taluk),
Thanjavur District. ...Respondent / Claimant
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicles Act, 1988 against the order passed in M.C.O.P.No.
561 of 2017 dated 20.04.2019 on the file of the Motor Accident
Claims Tribunal (Special District Court), Thanjavur.
For Appellant :Mr.P.M.Vishnuvarthanan
For Respondents :Mr.R.Maheswaran
1/6
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.336 of 2020
JUDGMENT
*********
[Judgment of the Court was made by RMT.TEEKAA RAMAN.,J.]
This Civil Miscellaneous Appeal is directed againt the
judgement and award made in M.C.O.P.No.561 of 2017, dated
20.04.2019, on the file of the Motor Accident Claims Tribunal
(Special District Court), Thanjavur and to set aside the judgment
and award.
2. The Transport Corporation is the appellant herein.
Challenging the award passed by the Tribunal in M.C.O.P.No.561 of
2017, this appeal has been filed on the point of quantum. The
factum of accident, manner of the accident and the rash and
negligent driving on the part of the driver of the transport
corporation was not agitated before this Court, accordingly, the
finding rendered to that effect by the Tribunal is hereby confirmed.
3. On the point of quantum of compensation, both counsel
heard.
4. The appellant, who is the wife of injured was examined as
P.W.1, doctor Mr.Rathinasabapathy was examined as P.W.1 and
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.336 of 2020
marked Ex.P1 to Ex.P29. As per the evidence of P.W.2 doctor
Rathinasabapathy, injured is in Coma stage and hence, his wife
Pazhaniammal was examined as P.W.1.
5. The notional income was fixed by the tribunal at Rs.7,500/-
and for attendant charges Rs.2,00,000/- has been granted. This is
the two core issue that was agitated by the learned counsel for the
appellant/Transport Corporation before this Court. We have given
our anxious consideration to the said submission made by the
learned counsel for the appellant/transport corporation. The nature
and place of avocation of the injured is not in dispute, namely,
document writer on the date of accident viz., 10.09.2015. The
notional income fixed by the tribunal cannot be termed as
excessive. The tribunal based upon the medical evidence placed
before the Court, has rightly come to the conclusion that the
personal disability is amounting to functional disability at 100% and
hence, the tribunal has rightly come to the conclusion and decided
with regard to the pecuniary loss and we find no error in the same.
6. The Tribunal has awarded a sum of Rs.2,00,000/- towards
attendant charges. On the date of accident i.e., on 10.09.2015 the
injured was aged about 54 years, it has to be looked after till his
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.336 of 2020
death and hence, we do not find no error in the award of attendant
charge and it is not highly exorbitant. Accordingly, we do not find
any mert in the appeal.
7. Accordingly, this Civil Miscellaneous Appeal is dismissed and
the judgment and award passed by the Motor Accident Claims
Tribunal (Special District Court) Thanjavur in M.C.O.P.No.561 of
2017, dated 20.04.2019 is confirmed. The appellant Insurance
Transport Corporation is directed to deposit the award amount with
proportionate accrued interest and costs, less the award amount
already deposited, if any, within a period of eight weeks from the
date of receipt of a copy of this order. On such deposit being made,
the claimant is entitled to withdraw her award amount along with
proportionate accrued interest and cost, less the amount already
withdrawn, if any, by filing necessary application before the tribunal.
No costs. Consequently, connected miscellaneous petitions are
closed.
Index:Yes/No [T.K.R.,J.] [P.B.B.,J.]
Internet:Yes/No 16.10.2023
NCC:Yes/No
am
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.336 of 2020
To
Motor Accident Claims Tribunal,
(Special District Court), Thanjavur.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.336 of 2020
RMT.TEEKAA RAMAN,J.
AND
P.B.BALAJI,J.
am
JUDGMENT MADE IN
C.M.A(MD)No.336 of 2020
16.10.2023
https://www.mhc.tn.gov.in/judis
