Managing Director Metropolitan Transport Corporation Limited Chennai v. S. Syed Ghouse
2012-03-19
ARUNA JAGADEESAN
body2012
DigiLaw.ai
Judgment :- 1. This Civil Miscellaneous Appeal is filed by the Metropolitan Transport Corporation, Chennai against the Judgment and Decree dated 14.6.2006 made in MCOP.No.2918/2004 by the learned V Small Causes Court (MACT) Chennai, whereby the Tribunal awarded a sum of Rs.62,900/-as total compensation to the claimant/the Respondent herein, who sustained injuries in the accident that had occurred on 28.1.2004 at ECR Kottivakkam Bus Stop, Neelangarai. 2. According to the claimant, on 28.1.2004 at about 8.15 hours, when he was traveling as a passenger in the bus bearing Reg.No.TN-01-N-2098 belonging to the Appellant Transport Corporation from Muttukadu to Chennai, on account of the rash and negligent driving of the driver of the bus, the left tyre got burst due to poor maintenance of the vehicle, as a result of which, the claimant, who was seated near the front left side entry was thrown out and sustained injuries. Hence, he claimed a compensation of Rs.2,00,000/- before the Tribunal. In the counter, it is stated that a sharp iron piece, which was found on the road, pierced the rear left tyre of the bus, due to which the tyre got burst and it was not due to any negligent driving of the bus driver. The Tribunal, after analysing the evidence, held that the accident occurred only due to the improper maintenance of the vehicle by the Appellant Transport Corporation, which lead to bursting of the tyre causing injuries to the claimant and awarded compensation of Rs.62,900/- with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization. As against the same, this Civil Miscellaneous Appeal has been filed by the Appellant/Transport Corporation. 3. The accident had occurred due to bursting of the tyre is admitted. According to the Appellant, a sharp iron piece pierced the tyre, due to which the tyre got burst. In order to prove the same, no evidence is adduced, except the oral testimony of the driver of the Appellant Bus. Though his evidence indicated that the bus was checked before it was taken for the trip, but, however, there is no evidence to prove that the bus was fit enough for plying on the road. In this case, the report of the Motor Vehicles Inspector with regard to the fitness of the vehicle has not been produced.
Though his evidence indicated that the bus was checked before it was taken for the trip, but, however, there is no evidence to prove that the bus was fit enough for plying on the road. In this case, the report of the Motor Vehicles Inspector with regard to the fitness of the vehicle has not been produced. Therefore, the contention of the Appellant that a sharp iron piece pierced into the tyre, as a result of which, the tyre got burst has not been proved. The Tribunal, after considering the evidence, has rightly held that there was no proper maintenance of the vehicle, which had resulted in the bursting of tyre and therefore, came to the conclusion that the accident had occurred only due to the negligent of the driver of the bus and improper maintenance of the vehicle. I do not find any infirmity or illegality in the said findings of the Tribunal and the same is liable to be confirmed and accordingly, it is confirmed. 4. As regards quantum of compensation, the Tribunal has taken into consideration the permanent disability suffered by the claimant, who was aged 70 years old at the time of the accident and awarded Rs.40,000/- for the permanent disability suffered by him, which in my opinion is not on the higher side. The award of damages of Rs.1000/-for transportation, Rs.1500/- for extra nourishment, Rs.4400/-for medical expenses, which is borne out by medical records, Rs.6000/- for attendant charges and Rs.10,000/-for pain and suffering awarded by the Tribunal are just and reasonable and shall be maintained. In all, the Tribunal awarded a sum of Rs.62,900/-as total compensation to the claimant with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization. I do not find any infirmity or illegality in the said award passed by the Tribunal. 5. In the result, this Civil Miscellaneous Appeal is dismissed. The impugned award of Rs.62,900/- with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization awarded by the Tribunal is confirmed.
I do not find any infirmity or illegality in the said award passed by the Tribunal. 5. In the result, this Civil Miscellaneous Appeal is dismissed. The impugned award of Rs.62,900/- with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization awarded by the Tribunal is confirmed. The Appellant Transport Corporation is directed to deposit the entire award amount, less the amount already deposited if any, with interest at 7.5 per cent p.a. from the date of the claim petition till the date of deposit within a period of eight weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant is entitled to withdraw the entire award amount with interest. No costs. Consequently, the connected MP is closed.