R. Jagadeesan vs Tamil Nadu State Transport ...
2023 Latest Caselaw 13341 Mad

                                                                                  CMA No. 2284 / 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 29.09.2023

                                                          CORAM :

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                  Civil Miscellaneous Appeal No. 2284 of 2023
                     R. Jagadeesan                                            ... Appellant
                                                            Versus


                     Tamil Nadu State Transport Corporation,
                     Rep. By its Managing Director,
                     1 & 2, Cheikpet Nadu Street,
                     Vedachalam Buildings,
                     Villupuram Div.III, Kancheepuram                              ... Respondent

                     PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.
                     No. 3297 of 2002 dated 20.06.2008 on the file of the Motor Accidents
                     Claims Tribunal, V Judge, Small Causes Court, Chennai.


                                  For Appellant             : Mr. P.T. Saleem Fathima.

                                  For Respondent            : Ms. S. Shantha kumari.

                                                      JUDGMENT

The claimant has preferred the instant appeal seeking enhancement

of compensation in the award passed by the Tribunal in M.C.O.P.

No.3297 of 2002 dated 20.06.2008.

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

CMA No. 2284 / 2023

2.The claimant / appellant has filed claim petition stating that on

24.04.2000 at about 15 hrs, while the appellant was riding his cycle in a

public road, the driver of the bus belonging to the respondent came in a

rash and negligent manner and hit against the vehicle of the deceased as a

result of which, the deceased sustained grievous injuries.

3.The respondent filed a counter stating that the accident took

place only due to the negligence of the deceased; and that in any case, the

compensation claimed was excessive and prayed for dismissal of the

appeal.

4.The appellants examined PW1 and PW2 and marked Ex.P.1 to

Ex.P.6. The respondent examined RW1 and did not mark any document.

5.The Tribunal after taking into consideration the oral and

documentary evidence held that the accident took place due to the

negligence of the driver of the bus belonging to the respondent and

directed the respondent to pay a compensation of Rs.87,000/- to the

appellant by adopting percentage method. https://www.mhc.tn.gov.in/judis

CMA No. 2284 / 2023

6.The learned counsel for the appellant submitted that the appellant

sustained grievous injuries and also suffered crush injury and amputation

of right foot and therefore, the Tribunal ought to have adopted multiplier

method and prayed for enhancement.

7.The learned counsel for the respondent, per contra, submitted

that the claim petition was filed in the year 2002 and was decided in the

year 2008. Thereafter, on the execution petition filed by the appellant,

the respondent deposited the entire amount which was also withdrawn by

the appellant. However, the instant appeal has been filed with a huge

delay of 4709 days and hence, the appeal should not be entertained, after

the compensation amount was paid to the appellant and hence, prayed for

dismissal of the appeal.

8.The only question that arises for consideration in the instant

appeal is whether the compensation awarded by the Tribunal is just and

reasonable.

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

CMA No. 2284 / 2023

9.On perusal of the records, it is seen that the accident took place

in the year 2000. The claim petition was decided on 20.06.2008. The

appellant has received the entire amount in the year 2010. The instant

appeal has been filed in the year 2021. Though this Court has allowed

the petition to condone the delay, this Court on merits finds that the

award of the Tribunal is just and reasonable and no interference is called

for. The Tribunal had awarded Rs.65,000/- under the head permanent

disability taking into consideration the disability certificate issued by

PW2 doctor who treated the appellant which is just and reasonable. The

award under the other heads are also just and the same are confirmed.

10.Hence, this Civil Miscellaneous Appeal is dismissed and the

compensation awarded by the Tribunal at Rs.87,000/- is confirmed. No

costs.

29.09.2023 ay

Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No

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

CMA No. 2284 / 2023

To

1. The Motor Accidents Claims Tribunal V Judge, Small Causes Court, Chennai.

2.The Section Officer, V.R. Section, High Court of Madras, Chennai.

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

CMA No. 2284 / 2023

SUNDER MOHAN, J

ay

C.M.A. No. 2284 of 2023

Dated: 29.09.2023

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