Tamil Nadu State Transport ... vs K.Satheesh Kumar
2023 Latest Caselaw 13986 Mad

                                                                  C.M.A(MD)No.421 of 2021

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 18.10.2023

                                                    CORAM

                             THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                         C.M.A.(MD)No.421 of 2021
                                                   and
                                         C.M.P(MD)No.526 of 2023

                    1.Tamil Nadu State Transport Corporation,
                      Through its Managing Director,
                      Bye Pass Road,
                      Madurai – 625 010

                    2.Tamil Nadu State Transport Corporation,
                      Bye Pass Road,
                      Dindigul,
                      Through its,
                      The General Manager.             ... Appellants/Respondents

                                                         Vs.

                    K.Satheesh Kumar                   ... Respondent/Petitioner




                    PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the
                    Motor Vehicles Act, 1988, against the judgment and decree dated
                    31.10.2019 passed in M.C.O.P.No.984 of 2018 on the file of the Motor
                    Accident Claims Tribunal (Chief Judicial Magistrate Court), Madurai.


                                      For Appellants      :Mr.K.Sudalaiyandi
                                      For Respondent      :Mr.K.Kumaravel




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                                                                            C.M.A(MD)No.421 of 2021

                                                         JUDGMENT

This Civil Miscellaneous Appeal is filed by the

appellants/Transport Corporation challenging the award dated

31.10.2019 passed in M.C.O.P.No.984 of 2018 on the file of the Motor

Accident Claims Tribunal (Chief Judicial Magistrate Court), Madurai.

2. The learned counsel for the appellants/Transport

Corporation would submit that the appellants challenge the award both

on the grounds of liability on the part of the appellants to pay the

compensation and the quantum of compensation.

3. It is seen from the petition averments that on 31.10.2015,

the respondent was waiting for bus at Government Polytechnic,

Muthurengapuram bus-stop. At about 11.15 a.m., the bus owned by

appellants Corporation bearing Registration No.TN 57 N 1685 came to

the bus stop. The respondent and other passengers tried to get into the

bus through front and rear entrance. The respondent was trying to get

into the bus from the front entrance. Without seeing that and without

the signal from the conductor, driver of the bus had suddenly started

the bus in a rash and negligent manner resulting in the respondent

falling from the bus and he sustained the following injuries:

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C.M.A(MD)No.421 of 2021

(1)Blunt injury on lower abdomen.

(2)Crush injuries on urinary passage of bladder.

(3)Abrasion injury on left stomach 70 X 30 m.m.,

(4)Abrasion injury on right foot.

(5)Abrasion injury on lower left wrist.

(6)Crush injuries on right testis.

(7)Contusion injury on forehead.

(8)Crush injuries on right restis.

(9)Rupture over the urethra.

(10)Contusion injury on the whole of the bladder.

(11)Fracture on both hips(Pelvis).

4. The injured took treatment in Government Rajaji Hospital,

Maudirai, Ananthagiri Hospital, Trichy and Aiyshwariya Hospital,

Trichy. As a result of injuries suffered, he suffered permanent

disability. He is not able to do his normal work. From the date of

accident, he is experiencing pain and suffering. Therefore, he filed a

claim petition seeking compensation of Rs.8,00,000/-.

5. The Transport Corporation filed counter affidavit stating

that the Transport Corporation Driver was not responsible for the

accident. After the passengers got down from the bus, the driver of the

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C.M.A(MD)No.421 of 2021

bus, started the bus and moved it slowly. At that point of time, the

respondent tried to board into the running bus. On seeing that through

rear view mirror, the driver applied sudden brake. In the meanwhile,

the respondent fell down and suffered injury. The accident had

happened because of the negligent manner in which the respondent

tried to board the running bus and therefore, the compensation claimed

is not correct.

6. Considering the oral and documentary evidence produced

in this case, the Tribunal awarded a sum of Rs.3,70,220/- as

compensation. Now, this award is challenged by the

appellants/Transport Corporation.

7. It is the submission of the learned counsel for the

appellants that from the F.I.R., allegations and from the evidence

produced by the appellants, it is established beyond any doubt that the

respondent tried to board into a running bus and that was the cause for

the accident. However, the Tribunal had wrongly given a finding that

the Transport Corporation Driver was responsible for the accident. He

would submit that the quantum of compensation awarded, especially,

the amount awarded under the head “for future earning capacity” is too

excessive.

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C.M.A(MD)No.421 of 2021

8. In reply to the submission of the learned counsel for the

appellants, the learned counsel for the respondent submitted that it is

the duty of the Driver to ensure that the passengers board into and exit

the bus safely. The very fact, as per the case of the appellants that the

Transport Corporation Driver applied sudden brake shows that, that

was the primary reason for the accident and not the fact that the

respondent tried to board into the moving bus.

9. It is the further submission of the learned counsel for the

respondent that after the accident, the respondent was taking

continuous treatment from 2015 to 2017 and he could not continue his

studies. He discontinued his polytechnic course and thereafter,

completed the course during the academic years 2018-2021. Thus, the

award of compensation awarded under various heads including the

amount awarded under the head 'for future earning capacity' is just and

appropriate.

10. I have considered the rival submissions and perused the

records.

11. It is seen from the records produced and the submissions

of the learned counsel appearing for the parties that the parties take

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C.M.A(MD)No.421 of 2021

contrasting position with regard to the manner in which the accident

had happened. From the F.I.R allegations, it could be seen that the

respondent was trying to board into a moving bus. It is specifically

stated in the F.I.R that when the bus moving, the respondent came

running and shouting and tried to board into the bus through the front

entrance. It is alleged that the Driver of the bus had not stopped the

bus and drove it fast, resulting him in falling from the steps and

sustaining injuries. From the counter, it could be gathered that the

Transport Corporation Driver saw through the rear view mirror that the

respondent tried to board into a moving bus and on seeing that he

applied sudden brake. In the meanwhile, the respondent fell down and

sustained injuries.

12. From the pleadings and evidence produced, it is evident

that both the respondent and the Transport Corporation Driver were

one way or other responsible for the accident. The respondent by

trying to board into a moving bus had contributed to the accident. The

Driver of the bus on seeing the respondent approaching the bus for

getting into the bus had not cared to stop the bus for facilitating the

respondent to get into the bus.

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C.M.A(MD)No.421 of 2021

13. It is observed in the judgment in the case of Branch

Manager, National Insurance Co. Ltd., vs. Sumathi and Others

reported in 2014 ACJ 1454 that it is the duty of the crew to see that

passengers safely alight from or board the bus before moving.

14. On considering all these aspects, this Court is of the view

that the respondent had also contributed to the accident to an extent of

10% and the Driver of the Transport Corporation bus was responsible

for the accident to an extent of 90%.

15. From the observations made on the basis of the evidence

recorded, it is seen that because of the accident, the respondent had to

discontinue his studies for nearly three years ie., 2015 to 2017. In the

said circumstances, the compensation awarded under the head “for loss

of future earning capacity” at Rs.1,80,000/- cannot be considered as

excessive.

16. Similarly, the award of compensation under various other

heads considering the nature of injuries suffered by the respondent,

pain and suffering undergone by him, the continuous treatment he was

made to undergo, are just and appropriate. Thus, this Court is not

inclined to alter the quantum of compensation awarded.

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C.M.A(MD)No.421 of 2021

17. As already held, since the respondent also contributed to

the accident to an extent of 10%, this Court fixed the liability on the

appellants and the respondent in the ratio of 90:10. In all other

aspects, the award of the Tribunal is confirmed.

18. Accordingly, this Civil Miscellaneous Appeal is allowed in

part. The appellants/Transport Corporation is directed to deposit their

share of 90% of the award amount with proportionate interest and

costs, after deducting 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 respondent/claimant is permitted to

withdraw the award amount by filing formal application before the

Tribunal. No Costs. Consequently, connected miscellaneous petition

is closed.

18.10.2023 pm Index:Yes/No NCC:Yes/No To,

1.The Motor Accident Claims Tribunal, (Chief Judicial Magistrate Court), Madurai.

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

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C.M.A(MD)No.421 of 2021

G.CHANDRASEKHARAN, J.

pm

C.M.A(MD)No.421 of 2021

18.10.2023

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