Managing Director, Tamil Nadu State Transport Corporation, Madurai v. A. Iqbal (Died)
2017-08-29
J.NISHA BANU
body2017
DigiLaw.ai
JUDGMENT : This Civil Miscellaneous Appeal has been filed by the appellant/Transport Corporation against the Judgment and Decree passed in M.C.O.P.No.2341 of 2005 on the file of Motor Accident Claims Tribunal cum Judicial Magistrate Court, Madurai. 2. The brief facts of the case are as follows: It is a case of injury, which caused in the accident took place on 11.12.2004 at about 16.35 hours. When the injured was riding his motorcycle bearing Registration No.TN-59-Q-5618 in Valayankulam-Madurai road, a bus belonging to the respondent Transport Corporation bearing Registration No.TN-58-N-0272 came in a rash and negligent manner and dashed against the injured claimant. Due to the said impact, the injured claimant sustained multiple grievous injuries all over his body. Immediately after the accident, he was admitted in the hospital and he was taking treatment continuously. At the time of the accident, the claimant was aged about 37 years and he was earning a sum of Rs.15,000/- per month as a vendor. Hence, the injured claimant filed a claim petition in M.C.O.P. No. 2341 of 2005, on the file of the Motor Accident Claims Tribunal cum Chief Judicial Magistrate Court, Madurai claiming a sum of Rs.20,00,000/- as compensation. 3. Before the Tribunal, on the side of the claimant, four witnesses viz., P.W.1 to P.W.4 were examined and 19 documents viz., Exs.P.1 to P.19 were marked and on the side of the respondent, one witness viz., R.W.1 was examined and there was no document marked as exhibit. 4. The Tribunal, after considering the pleadings, oral and documentary evidence and arguments of the counsel appearing on either side and also appreciating the evidence on record, held that the accident occurred only, due to the rash and negligent driving of the driver of the offending vehicle and directed the appellant/Transport Corporation to pay a sum of Rs.7,92,633/-, as compensation. 5. Against which, the appellant/Transport Corporation has filed the present Civil Miscellaneous Appeal. During the pendency of the appeal, the injured claimant died. Hence, the legal representatives of the deceased were impleaded as parties in this Civil Miscellaneous Appeal. 6. The only contention raised by the learned Counsel for the appellant/Transport Corporation is that the quantum of compensation awarded by the Tribunal is on the higher side. Hence, he seeks interference of this Court to the award passed by the Tribunal. 7.
Hence, the legal representatives of the deceased were impleaded as parties in this Civil Miscellaneous Appeal. 6. The only contention raised by the learned Counsel for the appellant/Transport Corporation is that the quantum of compensation awarded by the Tribunal is on the higher side. Hence, he seeks interference of this Court to the award passed by the Tribunal. 7. The learned counsel for the respondents would submit that based on the available oral and documentary evidences, the Tribunal has rightly come to the conclusion and arrived at correct compensation under various heads. 8. Heard the learned Counsel for the appellant and the learned Counsel for the respondents and perused the materials available on record. 9. This Civil Miscellaneous Appeal is filed only questioning the quantum of compensation. At this juncture, it is appropriate to peruse the discussion portion of the Tribunal for arriving at compensation, which is as follows: ANY OTHER LANGUAGE 10. On a reading of the finding of the Tribunal, it is clear that by considering the nature of injuries sustained by the injured claimant and the medical expenses incurred by him and the period of treatment taken by him, the Tribunal has awarded just and reasonable compensation under the various head and directed the appellant Transport Corporation to pay the compensation to the injured claimant. In view of the above, there is no infirmity or irregularity in the award passed by the Tribunal. Therefore, this Civil Miscellaneous Appeal deserves to be dismissed. 10. In the result, this Civil Miscellaneous Appeal is dismissed and the award made in M.C.O.P.No.2341 of 2001 on the file of Motor Accident Claims Tribunal cum Chief Judicial Magistrate, Madurai is hereby confirmed. The appellant/Transport Corporation is directed to deposit the entire award amount with accrued interests and costs, within a period of eight weeks from the date of receipt of a copy of this order, if not already deposited and on such deposit being made, the wife of the deceased/second respondent is entitled to withdraw a sum of Rs.5,50,000/- with proportionate interest and costs and the mother of the deceased/third respondent is entitled to withdraw a sum of Rs.2,42,633/- with proportionate interest and costs without filing any formal petition before the Tribunal. No Costs. Consequently, the connected Miscellaneous Petition is also dismissed.