Madras High Court
The Managing Director vs Thiyagarajan on 22 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2834 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2834 of 2024 and
C.M.P.No.23296 of 2024
The Managing Director,
Tamilnadu State Transport Corporation Limited,
(TNSTC) (Coimbatore Division - II)
Chennimalai Road, Erode-1. ... Appellant
vs.
1. Thiyagarajan
2. R.S.Shanmugasundaram ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award, dated 24.11.2021 in
M.C.O.P.371/2015 on the file of the Motor Accident Claims Tribunal,
Subordinate Court, Bhavani.
For Appellant : Mr.M.Murali Vinodh
JUDGMENT
The present appeal is filed by the appellant, the Managing
Director, Tamilnadu State Transport Corporation, Erode, questioning the
quantum of compensation awarded by the Motor Accident Claims
Tribunal, Bhavani in M.C.O.P.371/2015
https://www.mhc.tn.gov.in/judis
2. The claimant filed the petition under Section 166 of Motor
Vehicles Act, 1989 in M.C.O.P.371/2015 before the Motor Accident
Claims Tribunal, Bhavani, seeking compensation of Rs.3,00,000/- for the
injuries sustained by him in a road accident which happened on
23.06.2013.
3. The brief case of the claimant is as follows :
On 23.06.2013, the claimant was riding a two wheeler bearing
Registration number TN 25 F 3921 on Velli Tiruppur - Kumarapalayam
road and at about 9.30 a.m., a speeding bus bearing Registration number
TN 33 N 1584 belonging to the appellant, the Tamilnadu State Transport
Corporation, hit the two wheeler, as a result of which, the claimant
sustained injuries all over his body. He was immediately rushed to AKPM
Hospital where he was admitted as an inpatient for three months.
4. According to the claimant, the rash and negligent driving of
the driver of the bus bearing Registration Number TN 33 N 1584
belonging to the appellant was the cause of the accident and therefore,
they are liable to pay compensation to him.
https://www.mhc.tn.gov.in/judis
5. The Tribunal, after analysing the evidence on record,
fastened negligence on the part of the driver of the MTC bus bearing
Registration number TN 33 N 1584 and awarded compensation of
Rs.1,26,625/- together with interest at the rate of 7.5% per annum from
the date of petition till the date of realisation vide, its orders dated
24.11.2021.
6. Aggrieved over the quantum of compensation awarded by the
Tribunal, the appellant, Tamilnadu State Transport Corporation Limited
has filed the present appeal under Section 173 of the Motor Vehicles Act.
7. Heard Mr.M.Murali Vinodh, learned counsel for the
appellant, Tamilnadu State Transport Corporation.
8. Mr.M.Murali Vinodh, learned counsel for the appellant
contended that the Tribunal has awarded an exorbitant amount of
Rs.1,26,625/- as compensation and the same has to be scaled down.
https://www.mhc.tn.gov.in/judis
9. A perusal of records shows that the claimant sustained a
fracture on fibula and tibia. The doctor who gave treatment to the
claimant assessed the disability of the claimant as 30%. Since there is no
functional disability, the Tribunal fixed Rs.3,000/- per percentage of
disability and awarded a sum of Rs.90,000/- for partial permanent
disability. The award passed by the Tribunal under various heads is
shown below:
S.No. Heads Amount awarded by
the Tribunal
1 Partial permanent disability Rs.90,000/-
(30% X 3000)
2 Loss of Income Rs.9,000/-
(Rs.3000 X 3)
3 Pain and Sufferings Rs.5,000/-
4 Medical Bills Rs.16,625/-
5 Extra nourishment Rs.2,000/-
6 Transportation expenses Rs.2,000/-
7 Attender's Charges Rs.2,000/-
Total Rs.1,26,625/-
10. The Award passed by the Tribunal cannot be said to be on
the higher side and therefore the Civil Miscellaneous Appeal filed by the
https://www.mhc.tn.gov.in/judis
Tamilnadu State Transport Corporation stands dismissed at the admission
stage itself. No costs. Consequently, connected miscellaneous petition is
closed.
22.10.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral citation : Yes / No
vum
To
1.The Motor Accident Claims Tribunal,
Subordinate Court, Bhavani.
2. The Section Officer, VR Section,
Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
vum
C.M.A.No.2834 of 2024 and
22.10.2024
https://www.mhc.tn.gov.in/judis
