Managing Director, Tamil Nadu State Transport Corporation, Villupuram v. N. Thangamani
2021-04-07
ABDUL QUDDHOSE
body2021
DigiLaw.ai
JUDGMENT :- (Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and decree dated 09.12.2015 made in MCOP No.6 of 2013 on the file of the Motor accident Claims Tribunal, The Principal Subordinate Judge, Tiruvannamalai.) 1. This appeal has been filed by the Transport Corporation challenging the award passed by the Motor Accident Claims Tribunal, Principal Subordinate Court, Tiruvannamalai. in MCOP No.6 of 2013, directing the appellant Transport Corporation to pay the claimant a sum of Rs.2,18,000/- as compensation for the injuries sustained by him, as a result of an accident caused by a bus owned by the appellant / Transport Corporation. 2. The respondent / claimant sustained injuries as a result of an accident on 13.12.2008 caused by a bus bearing Registration No. TN-32-N- 2485 owned by the appellant Transport Corporation. The respondent / claimant has sustained three fractures on his left leg, right hand and he was treated at Government Hospital, Chenglepet; JIPMER Hospital, Puducherry and in a private hospital i.e. Abirami Hospital, Cuddalore and MIOT Hospital in Chennai. 3. Before the Tribunal, the respondent / claimant has made a claim for Rs.10,00,000/-. But however, the Tribunal has awarded only a sum of Rs.2,18,000/- as compensation to the respondent / claimant. The details of the compensation awarded by the Tribunal under the impugned award are as follows: Heads Amount awarded by the Tribunal (Rs.) Towards disability (35% x 2000) 70,000/- Towards pain and suffering 25,000/- Towards Transportation 20,000/- Towards medical expenses 48,000/- Towards extra nourishment 10,000/- Towards loss of earning power treatment period 40,000/- Loss of Amenities 5,000/- Total 2,18,000/ 4. Aggrieved by the award dated 09.12.2015 passed by the Sub Court, Tiruvannamalai in M.C.O.P. No.6 of 2013, this appeal has been filed by the Appellant / Insurance Company. 5. Heard Mr.J.Sivakumar, learned counsel for the appellant. Since, this Court is going to confirm the award of the Tribunal, service of notice to the respondent is not necessary. 6. This Court has perused and examined the impugned award. 7. Before the Tribunal, the respondent / claimant has filed the following documents, which were marked as Ex.P1 to P29 and three witnesses were examined on his side viz., the respondent / claimant himself as PW1, an eyewitness to the accident as PW2 and the Doctor, who examined him as PW3.
This Court has perused and examined the impugned award. 7. Before the Tribunal, the respondent / claimant has filed the following documents, which were marked as Ex.P1 to P29 and three witnesses were examined on his side viz., the respondent / claimant himself as PW1, an eyewitness to the accident as PW2 and the Doctor, who examined him as PW3. On the side of the appellant, one witness was examined, but no Exhibits were marked. 8. The appellant has challenged the impugned award on the ground that mere registration of an FIR is not enough for holding negligence on their part and the Tribunal has also erred in taking the permanent disability of the respondent / claimant 35%, which according to them is on the higher side. 9. Insofar as the first contention raised by the appellant is concerned, the respondent/ claimant has proved his case by not alone filing an FIR, which has been marked as Ex.P1 but has also adduced oral evidence through an eyewitness to the accident viz., PW2. No contra evidence has been produced by the appellant before the Tribunal to disprove the contention of the respondent/ claimant that only due to the rash and negligent driving by the driver of the bus owned by the appellant / Transport Corporation, the accident had happened which resulted in injuries sustained by him. Therefore, this Court is of the considered view that there is no basis for the appellant to contend that mere registration of an FIR against the Driver of the bus without corroboration by any other independent witness. 10. Insofar as the fixation of 35% disability on the respondent / claimant is concerned, the same is supported by documentary evidence, which has been marked as Exhibits before the Tribunal. Admittedly, the respondent / claimant has sustained three fractures and he has filed the discharge summary (Ex.P5) issued by Abirami Hospital, Cuddalore, and Medical certificates issued by MIOT hospital, Chennai. The permanent disability certificate, which would clearly reveal that fixing 35% disability on the respondent / claimant is a just one. Considering the nature of injuries sustained by the respondent /claimant, the quantum of compensation awarded by the Tribunal to the respondent / claimant under various heads totally amounting to Rs.2,18,000/- cannot be considered to be excessive, as alleged by the appellant/ Transport Corporation. 11.
Considering the nature of injuries sustained by the respondent /claimant, the quantum of compensation awarded by the Tribunal to the respondent / claimant under various heads totally amounting to Rs.2,18,000/- cannot be considered to be excessive, as alleged by the appellant/ Transport Corporation. 11. For the foregoing reasons, this Court does not find any merit in this appeal and accordingly, the Civil Miscellaneous Appeal shall stand dismissed. No costs. Consequently, connected miscellaneous petition is closed. 12. The Appellant / Transport Corporation is directed to deposit the entire award amount awarded by the Tribunal together with interest at 7.5% p.a. from the date of claim petition till the date of realization, less the amount, if any, already deposited to the credit of M.C.O.P. No.6 of 2013 on the file of the Motor Accidents Claims Tribunal, (Principal Subordinate Court), Tiruvannamalai, within a period of four weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the respondent / claimant through RTGS, within a period of two weeks thereafter.