Madras High Court
The Managing Director vs Habeeb Raja on 29 October, 2018
Author: V.M. Velumani
Bench: V.M. Velumani
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.10.2018
CORAM:
THE HONOURABLE MS.JUSTICE V.M. VELUMANI
CMA(MD).No.1295 of 2014 and M.P(MD).No.3 of 2014 and
Cross Objection (MD).No. 26 of 2018
CMA(MD).No.1295 of 2014
The Managing Director,
Tamil Nadu State Transport Corporation,
Pudukkottai District. : Appellant/ Respondent
Vs.
Habeeb Raja : Respondent
Cross Objection MD(MD).No.26 of 2018
Habeeb Raja : Appellant
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation,
Pudukkottai District. : Respondent
Prayer in CMA: This Civil Miscellaneous Appeal is filed under Section 173
of Motor Vehicles Act, 1988 against the Award dated 01.10.2013, made
in MCOP.No.80 of 2012, on the file of the Motor Accident Claims Tribunal
/ Sub Court, Pudukkottai.
Prayer in Cross Objection: This petition is filed under Section 41 Rule
22 CPC against the Judgment and Decree dated 01.10.2013, rendered
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in MCOP.No. 80 of 2012 on the file of the Motor Accident Claims Tribunal
/ Sub Court, Pudukkottai.
For Appellant : Ms. D. Sivaraman in CMA
For respondent in Cross Objection
For Respondent : Mr.P.R. Ramachanthiran in CMA
Cross objectors
COMMON JUDGMENT
This Civil Miscellaneous Appeal has been filed against the Award dated 01.10.2013, made in MCOP.No.80 of 2012, on the file of the Motor Accident Claims Tribunal / Sub Court, Pudukkottai.
2. Cross Objection (MD).No.26 of 2018 is filed by the claimant for enhancement of compensation.
3. The appellant in CMA(MD).No.1295 of 2014 is the respondent in MCOP.No.80 of 2012, on the file of the Motor Accident Claims Tribunal / Sub Court, Pudukkottai. The respondent in CMA(MD).No.1295 of 2014 filed the said claim petition claiming a sum of Rs.25,00,000/- as compensation for the injuries sustained by him in the accident that took place on 03.04.2012. The parties are referred to as per their rank in CMA(MD).No. 1295 of 2014. http://www.judis.nic.in 3
4. The Tribunal after considering the pleadings, oral and documentary evidence let in by the parties, awarded a sum of Rs.4,60,470/- as compensation.
5. Against the said Award, both the Insurance Company and the claimant have come forward with the Civil Miscellaneous Appeal and Cross Objection respectively.
6. The learned counsel appearing for the appellant / Transport Corporation submitted that the accident did not occur due to rash and negligent driving by the driver of the bus belonging to the appellant / Transport Corporation. The respondent sustained injuries only due to his own negligence. The amount awarded by the Tribunal under different heads are excessive.
7. The learned counsel appearing for the respondent / claimant submitted that the Tribunal ought to have awarded a sum of Rs.3,000/- per percentage of disability instead of Rs.2,000/-. PW.2 - Doctor has stated that the respondent has to change artificial hand once in five years. Due to loss of right hand, martial prospects of the respondent is affected. Further, the amounts awarded by the Tribunal towards extra nourishment, pain and suffering are to meagre and prayed for enhancement of compensation.
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8. I have heard the learned counsel appearing on either side and perused the materials available on record.
9. From the materials on record, it is seen that the Tribunal after considering the pleadings, oral and documentary evidence let in by the parties, held that the appellant has failed to substantiate their claim that the accident occurred due to the negligence on the part of the claimant. The Tribunal has rejected the evidence of driver, who was examined as RW.1, by giving valid reason. The First Information Report has been lodged against the driver of the bus belonging to the appellant and appellant had also taken Departmental proceedings against RW.1. For the above reason, the Award of the Tribunal fixing the negligence on the part of the driver of the bus is not perverse.
10. As far as quantum of compensation is concerned, the Tribunal accepted the evidence of PW.2 Doctor and disability certificate filed by the claimant, granted compensation for 85% of disability at the rate of Rs.2,000/- per percentage of disability. Since the accident has occurred in the year 2012, the respondent is entitled to a sum of Rs.3,000/- per percentage of disability. Accordingly, the amount awarded by the Tribunal towards disability is enhanced to Rs. 2,55,000/-. PW.2 - Doctor has deposed that the claimant has to change artificial hand once in 5 years. The Tribunal has granted only a sum Rs. 1,00,000/- for fixing artificial hand, which is meagre and hence, the http://www.judis.nic.in 5 same is enhanced to Rs.1,50,000/-. The respondent was aged about 21 years at the time of accident, due to the loss of right hand, prospects of getting marriage has diminished. Hence, a sum of Rs.50,000/- is granted towards loss of marital prospects. The respondent was admitted in the hospital as inpatient for a period 15 days. The Tribunal has awarded only meagre amount towards extra nourishment and pain and suffering and hence, the same is enhanced to Rs.20,000/- and Rs. 50,000/- respectively. In all other aspects, the amount awarded by the Tribunal is hereby confirmed. Accordingly, the award of the Tribunal is enhanced from Rs.4,60,470/- to Rs.6,85,470/- in the following manner:
S.N Description Amount Amount awarded Award confirmed o awarded by by this Court or enhanced or Tribunal granted 1 Disability 1,70,000.00 2,55,000.00 Enhanced to Rs.85,000/-
2. Pain and suffering 25,000.00 50,000.00 Enhanced by Rs.25,000/-
3 Medical Bills 1,30,470.00 1,30,470.00 Confirmed 4 Extra nourishment 5,000.00 20,000.00 Enhanced by Rs.15,000/-
5 Transportation 30,000.00 30,000.00 Confirmed 6 For fixing artificial 1,00,000.00 1,50,000.00 Enhanced by hand Rs.50,000/-
7 Loss of martial life No amount 50,000.00 Granted Rs.
granted 50,000/-
Total 4,60,470.00 6,85,470.00 Enhanced by
RS.2,25,000/-
11. The interest awarded by the Tribunal at the rate of 7.5% per annum remains un-altered.
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12. The appellant in CMA(MD).No.1295 of 2014 is directed to deposit the said sum of Rs.6,85,470/- together with interest at 7.5% per annum from the date of petition till the date of deposit to the credit of MCOP.No.80 of 2012, on the file of the Motor Accident Claims Tribunal / Sub Court, Pudukkottai, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this Judgment. The respondent / claimant is directed to pay the additional Court fees, if any, within a period of two weeks from the date receipt of a copy of this Judgment. On such deposit being made, the respondent / claimant is permitted to withdraw the award amount along with accrued interest and costs, less the amount already withdrawn if any, by filing proper application before the Tribunal.
13. In the result, the Civil Miscellaneous Appeal in CMA(MD).No.1295 of 2014 is dismissed. Cross Objection (MD).No.26 of 2018 is partly allowed. No costs. Consequently, connected Miscellaneous Petition is closed.
29.10.2018 trp Index : Yes / No Internet : Yes/ No http://www.judis.nic.in 7 To
1. The the Motor Accident Claims Tribunal / Sub Court, Pudukkottai.
2. The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai. http://www.judis.nic.in 8 V.M. VELUMANI, J.
trp CMA(MD).No.1295 of 2014 and M.P(MD).No.3 of 2014 and Cross Objection (MD).No. 26 of 2018 29.10.2018 http://www.judis.nic.in