Madras High Court
The Tamil Nadu State Transport vs S.Karthik on 8 March, 2019
Author: R. Tharani
Bench: R. Tharani
C.M.A.(MD)No.1089 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 23.06.2022
Delivered On : 06.07.2022
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
C.M.A.(MD)No.1089 of 2021
The Tamil Nadu State Transport
Corporation Limited,
Through its Managing Director,
Railway Petter Road,
Dindigul. .. Appellant / Respondent
Vs.
S.Karthik .. Respondent/ Petitioner
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree, dated 08.03.2019 passed in
M.C.O.P.No.718 of 2015, on the file of the Motor Accident Claims Tribunal – IV
Additional Sub Judge), Madurai.
For Appellant : Mr.K.Sudalaiyandi
For Respondent : Mr.C.M.Arumugam
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1089 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed against the award, dated 08.03.2019, passed in M.C.O.P.No.718 of 2015, on the file of the Motor Accident Claims Tribunal – IV Additional Sub Judge), Madurai. The appellant herein is the respondent and the respondent herein is the claimant in the original M.C.O.P. Petition.
2. Brief substance of the claim petition in M.C.O.P.No.718 of 2015, is as follows:
On 01.07.2015, at about 6.40 pm., while the petitioner was riding a motor- cycle bearing Registration No.TN-64-C-4511, along the Madurai – Theni main Road, near Bell Hotel in a slow and cautious manner, a Transport Corporation bus, bearing Registration No.TN-57-N-2035 was driven by its driver in a rash and negligent manner came from the opposite direction, dashed against the petitioner. The petitioner sustained injuries. The petitioner was working as A.C mechanic and was earning Rs.11,000/- per month. After the accident the petitioner was permanently disabled and was not able to do any work. The petitioner claimed a sum of Rs.5,00,000/- as compensation.
2/8 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1089 of 2021
3. Brief substance of the counter filed by the respondent in M.C.O.P.No. 718 of 2015 is as follows:
The bus was driven by its driver in a careful and cautious manner. It was the rider of the two wheeler, who drove the vehicle in a rash and negligent manner, without considering the curve in the road. On seeing that, the bus driver applied brake and stopped the vehicle, even then, the motorcyclist could not control his speed and dashed against the bus, on the right front tyre portion. The age, profession, income, nature of injuries, manner of treatment, medical expenses, disability are all denied.
4. On the side of the claimants, 2 witnesses were examined and 10 documents were marked. On the side of the respondent, 1 witness was examined and no document was marked. 1 document was marked as Court document. After considering both sides, the Tribunal awarded a sum of Rs.6,91,200/- as compensation.
5. Against the order, the appellant / Transport Corporation has filed this appeal on the following grounds:-
The Tribunal has failed to note that the bus driver was not negligent and that the appellant did not pay any compensation. The F.I.R. is not a conclusive proof 3/8 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1089 of 2021 to fasten the entire liability on the Transport Corporation. The Tribunal has wrongly adopted multiplier method in awarding compensation. The Tribunal ought to have awarded Rs.3,500/- per percentage of disability, without applying the multiplier method. Notional income ought to have taken at Rs.7,000/- per month instead of Rs.8,000/-. The amount awarded towards pain and suffering (Rs.30,000/-), Transportation (Rs.5,000/-), Extra nourishment (Rs.5,000/-), Damages to clothes (Rs.1,000/-), attender charges (Rs.5,000/-), are all excessive. The respondent / claimant filed a petition only for a sum of Rs,5,00,000/-, but, the Tribunal awarded Rs.6,91,000/-, which is very excessive.
6. On the side of the respondent/claimant, it is stated that the age of the respondent/claimant was 34 years at the time of accident and his right side eye sight was affected, he was earning Rs.11,000/- as A.C mechanic and the award amount has to be confirmed.
7. On the basis of evidence of P.W.1 and Ex.A1-F.I.R, the Tribunal has fixed the liability on the appellant. Copy of the F.I.R. was marked as Ex.A1. Charge sheet was marked as Ex.A3. MVI report was marked as Ex.A2. From the evidence of P.W.1 and from the evidence of R.W.1 and Ex.A1 to A3, it is decided that the bus driver is responsible for the accident and hence, the appellant is liable to pay compensation to the respondent /claimant.
4/8
https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1089 of 2021
8. The Scan report of the respondent /claimant was marked as Ex.A4. Medical report was marked as Ex.A5. It is seen that the respondent /claimant took treatment as in-patient from 01.07.2015 till 10.07.2015. It is seen that the claimant was sent for medical examination by the Board. The Medical Board fixed the disability at 30% visual blindness and the document was marked as Ex.C1. The certificate issued by the Medical Board was not disputed by the appellant/ Transport Corporation. In view of the same, the disability fixed by the Medical Board is reasonable and the Disability is fixed as 30%. The age of the respondent / claimant as per the Aadhar Card is 34 years. Ex.A7 to Ex.A10 are the documents to show that the respondent / claimant was a qualified Mechanic and that he was earning Rs.11,000/- per month at the time of accident. Since the disability is visually blindness, the Tribunal has adopted multiplier method. Since the respondent / claimant is a qualified A.C mechanic, the Tribunal has fixed the notional monthly income at Rs.8,000/-. The decision of the Tribunal regarding notional income and applying multiplier is reasonable.
9. In view of the above discussion, it is decided that there is nothing sufficient enough to interfere in the order of the Tribunal. Hence, the Appeal is dismissed. The award, dated 08.03.2019, passed in M.C.O.P.No.718 of 2015, on the 5/8 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1089 of 2021 file of the Motor Accident Claims Tribunal – IV Additional Sub Judge), Madurai, is hereby confirmed. No costs.
10. The appellant herein / Transport Corporation is directed to deposit the compensation of Rs Rs.6,91,200/- with accrued interest at the rate of 7.5% from the date of petition till the date of deposit and with costs within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited. On such deposit being made, the Tribunal may permit the respondent / claimant to withdraw the same, on filing of proper petition before the Tribunal, less any amount, if already withdrawn by him. The claimant is not entitled for interest for the default period, if there is any. No Costs.
06.07.2022
Index : Yes/No
Internet : Yes/No
Ls
Note : In view of the present lock down owing to COVID – 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
6/8 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1089 of 2021 To
1.The Motor Accident Claims Tribunal -
Special Sub Court, Tirunelveli
2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.
7/8 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.1089 of 2021 R. THARANI, J.
Ls Pre-delivery Judgment made in C.M.A.(MD)No.1089 of 2021 06.07.2022 8/8 https://www.mhc.tn.gov.in/judis