Madras High Court
Ganesan vs The Managing Director on 25 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.Nos.790 of 2023 and 1844 of 2022
and C.M.P. No.13322 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
CMA.Nos.790 of 2023 and 1844 of 2022
and
C.M.P. No.13322 of 2022
C.M.A. No.790 of 2023
Ganesan ... Appellant
vs.
The Managing Director
Tamilnadu State Transport Corporation Limited,
No.12, Ramakrishna Road, Salem - 636 007. ... Respondent
C.M.A. No.1844 of 2022
The Managing Director
Tamilnadu State Transport Corporation Limited,
No.12, Ramakrishna Road, Salem - 636 007. ... Appellant
vs.
Ganesan ... Respondent
COMMON PRAYER: Civil Miscellaneous Appeals filed under Section
173 of the Motor Vehicles Act, 1988 against the Award dated 12.04.2022
in M.C.O.P.852/2018 on the file of the Motor Accident Claims Tribunal,
Special Sub Court No.I, Salem.
1/12
https://www.mhc.tn.gov.in/judis
CMA.Nos.790 of 2023 and 1844 of 2022
and C.M.P. No.13322 of 2022
Appearance in C.M.A. No.790 of 2023
For Appellant : Ms.Ramya V.Rao
For Respondent : Mr.D.Nitin
Appearance in C.M.A. No.2236 of 2023
For Appellant : Mr.D.Nitin
For Respondent : Ms.Ramya V.Rao
COMMON JUDGMENT
The appellant in C.M.A.No.790/2023 is the claimant in
M.C.O.P.852/2018 on the file of the Motor Accident Claims Tribunal,
Salem, and the appellant in C.M.A.No.1844/2022 is the respondent in the
said petition.
2. The claimant filed the above said petition under Section 166
of the Motor Vehicles Act, 1988 seeking compensation of Rs.20,00,000/-
for the injuries sustained by him in a road accident that occurred on
23.02.2018.
https://www.mhc.tn.gov.in/judis
CMA.Nos.790 of 2023 and 1844 of 2022
3. The brief case of the claimant is as follows :
On 23.02.2018, the claimant was riding his two wheeler bearing
Registration Number TN-52-K-6980 with one Kandhan as a pillion rider
on Adaiyur - Jalagandapuram road. When he was nearing Adaiyur Raja
Koil turning, a speeding bus bearing Registration Number TN-30-N-0121
belonging to the Tamilnadu State Transport Corporation hit his two
wheeler, as a result of which, the claimant and the pillion rider sustained
injuries. While the pillion rider died on spot, the claimant was rushed to
hospital.
4. According to the claimant, the rash and negligent driving of
the driver of the bus was the cause of the accident and therefore, the
Transport Corporation is liable to pay compensation to him.
5. The appellant in C.M.A.No.1844/2022 contested the claim
petition by filing its counter.
https://www.mhc.tn.gov.in/judis
CMA.Nos.790 of 2023 and 1844 of 2022
6. The Tribunal, vide its orders dated 12.04.2022, fastened
negligence on the part of the driver of the bus bearing Registration
Number TN-30-N-0121 and the rider of the two wheeler in the ratio 50:50
and awarded compensation of Rs.2,24,276/- (50% of the award amount
i.e. Rs.4,48,552/-) to the claimant together with interest at the rate of 7.5%
per annum from the date of petition till the date of realisation.
7. Aggrieved over fastening negligence on the part of the driver
of the bus and also questioning quantum of compensation awarded by the
Tribunal, the Tamilnadu State Transport Corporation Limited filed appeal
in C.M.A.No.1844/2022 and the claimant filed appeal in
C.M.A.No.790/2023 seeking enhancement of compensation.
8. Heard Ms.Ramya V.Rao, learned counsel for the claimant
and Mr.D.Nitin, learned counsel for the Tamilnadu State Transport
Corporation.
https://www.mhc.tn.gov.in/judis
CMA.Nos.790 of 2023 and 1844 of 2022
Negligence
9. It is seen from the records that FIR (Ex.P1) and final report
(Ex.P10) were filed against the claimant before the Judicial Magistrate
No.II, Mettur for the offences punishable under Sections 279, 304(A) IPC.
However, the claimant in his evidence had stated that the driver of the bus
was rash and negligent in driving his vehicle. The accident took place in a
curved road and there was a head-on collision between the bus and the
two wheeler. The Tribunal after considering the evidence adduced on both
sides had fixed negligence on the part of the driver of the bus and the
claimant in the ratio 50:50.
9.1. It is pertinent to point out that the criminal court records are
not binding on the Motor Accident Claims Tribunal and it has to
independently assess the evidence. The manner of accident clearly shows
that the driver of the bus was also rash and negligent in driving his vehicle
and therefore, the Tribunal was right in fastening negligence on the part of
the driver of the bus and the two wheeler in the ratio 50:50.
https://www.mhc.tn.gov.in/judis
CMA.Nos.790 of 2023 and 1844 of 2022
Quantum
10. A perusal of the records shows that the claimant had
sustained the following injuries :
1. Fracture left proximal tibia
2. Crush injury left foot
Dr.Arun (P.W.3) assessed the partial permanent disability of the claimant
as 40%. However, the Tribunal reduced it to 30%. Since there is no
functional disability, the Tribunal fixed a sum of Rs.5,000/- per
percentage of disability and awarded a sum of Rs.1,50,000/- towards
partial permanent disability. The accident took place in the year 2018.
Considering the same, a sum of Rs.7,000/- per percentage of disability is
awarded. The Tribunal was wrong in reducing the percentage of disability
to 30%, especially, when the doctor who gave treatment to the claimant
has assessed the partial permanent disability as 40%. Therefore, a sum of
Rs.2,80,000/- ( 7000 x 40) is awarded towards partial permanent
disability.
https://www.mhc.tn.gov.in/judis
CMA.Nos.790 of 2023 and 1844 of 2022
10.1. In the claim petition, it is contended that the claimant was
aged about 31 years and was a mason earning a sum of Rs.21,000/- per
month. In the absence of satisfactory income proof, the Tribunal fixed the
notional monthly income of the claimant as Rs.7,500/-. The accident took
place in the year 2018. Considering the age of the claimant and the year of
accident, this Court is of the opinion that fixing notional monthly income
of the claimant as Rs.10,000/- would meet the ends of justice. On account
of the accident, the appellant would not have been in a position to attend
to his regular work atleast for six months. Thus, a sum of Rs.60,000/-
(10,000 x6= 60,000) is awarded towards loss of income. The following
tabular column would show the amount awarded by the Tribunal and the
amount awarded by this Court under various heads.
S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
1. Pain and sufferings 40,000/- 40,000/-
2. Loss of income 45,000/- 60,000/-
(10,000 x 6)
https://www.mhc.tn.gov.in/judis
CMA.Nos.790 of 2023 and 1844 of 2022
S.No Heads Amount awarded Amount
by Tribunal awarded by this
(Rs) Court
(Rs)
3. Medical bills 1,27,552/- 1,27,552/-
4. Transportation 15,000/- 15,000/-
charges
5. Extra nourishment 15,000/- 15,000/-
6. Attender's charges 15,000/- 15,000/-
7. Damages to clothes 1,000/- 1,000/-
8. Loss of amenities 40,000/- 40,000/-
9. Partial permanent 1,50,000/- 2,80,000/-
disability (7,000 x 4)
TOTAL Rs.4,48,552/- Rs.5,93,552/-
(after deducting (after
50% deducting 50%
contributory contributory
negligence negligence
Rs.2,24,276/-) Rs.2,96,776/-)
11. Thus, the compensation awarded by the Tribunal is hereby
enhanced to Rs.2,96,776/- that would carry interest at the rate of 7.5% per
annum.
https://www.mhc.tn.gov.in/judis
CMA.Nos.790 of 2023 and 1844 of 2022
12. In the result,
i. C.M.A.No.790 of 2023 is partly allowed and C.M.A.No.1844 of
2022 is dismissed. No costs. Consequently, connected Civil
Miscellaneous Petition is closed.
ii. The compensation awarded by the Tribunal is hereby enhanced to
Rs.2,96,776/-.
iii. The Tamilnadu State Transport Corporation Limited, Salem, is
directed to deposit the enhanced award amount i.e. Rs.2,96,776/-
(less the amount already deposited) together with interest at the rate
of 7.5% per annum from the date of claim petition till the date of
deposit within a period of four weeks from the date of receipt of a
copy of this order / uploading of this order to the credit of
M.C.O.P.852/2018 on the file of the Motor Accident Claims
Tribunal, Special Sub Court No.I, Salem.
https://www.mhc.tn.gov.in/judis
CMA.Nos.790 of 2023 and 1844 of 2022
iv. On such deposit being made, the claimant is permitted to withdraw
the same with accrued interest and costs, after following due
process of law.
25.10.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
mtl
https://www.mhc.tn.gov.in/judis
CMA.Nos.790 of 2023 and 1844 of 2022
To
1.The Motor Accident Claims Tribunal,
Special Sub Court No.I, Salem.
2.The Managing Director
Tamilnadu State Transport Corporation Limited,
No.12, Ramakrishna Road, Salem - 636 007.
3.The Section Officer,
VR Section, Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
CMA.Nos.790 of 2023 and 1844 of 2022
R.HEMALATHA, J.
mtl
CMA.Nos.790 of 2023 and 1844 of 2022
25.10.2024
https://www.mhc.tn.gov.in/judis
