The Managing Director, Tnstc Ltd., Coimbatore v. B.Champalal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.3.2021
CORAM:
THE HON'BLE Mr.JUSTICE D.KRISHNAKUMAR Civil Miscellaneous Appeal No.3276 & 3277 of 2013 M.P.No.1 + 1 of 2013 The Managing Director Tamil Nadu State Transport Corporation Ltd., 37, Mettupalayam road, Coimbatore.
... Appellant in both appeals/2nd Respondent ..Vs..
B.Champalal ... 1st Respondent in CMA 3276/2013 / Petitioner in MCOP.No.2243/2012 C.Sangeetha ... 1st Respondent in CMA 3277/2013/ Petitioner in MCOP.No.2244/2012 C.Sundaraj ... 2nd Respondent/1st Respondent in both O.Ps.
Both Appeals filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgement and decree dated 22.1.2013 made in M.C.O.P.No.2243 and 2244 of 2012 on the file of Special Subordinate Judge (Motor Accidents Claims Tribunal) Coimbatore.
For Appellant in : Mr.A.Sundaravadanam both appeals Respondents : Not ready to notice COMMON JUDGMENT The petitioners in the above O.Ps. are husband and wife met with an accident on 25.11.2008 at Trichy road, Coimbatore and sustained grievous injuries, have filed the claim petitions before the tribunal claiming compensation for the permanent
disability sustained by the petitioners and the instant appeals are preferred by the Transport Corporation against the award passed by the tribunal. Therefore, both the appeals are heard together and disposed of by common judgment.
Brief facts of the claimants' case is as follows: On 25.11.2008 at about 12.00 p.m., B.Champalal, petitioner in M.C.O.P.No.2243 of 2012 was going by two-wheeler bearing registration No.TN-37-AV-8240 along with his wife Sangeetha, petitioner in M.C.O.P.No.2244 of 2012 and child. By that time, the appellant Corporation bus bearing registration No.TN-33-2216 driven by its driver in a rash and negligent manner and hit against the petitioner's vehicle, thereby caused accident, resulting in both husband and wife sustained grievous injuries. The petitioners have filed claim petition before the tribunal claiming compensation of Rs.5,00,000/- and Rs.10,00,000/- respectively towards permanent disability suffered by the petitioners due to the accident.
2. On the side of the claimants, P.W.1 to 3 were examined and Ex.P-1 to P-19 were marked. On the side of the respondents, no witness was examined or any document marked.
3. Tribunal, based on the oral and documentary evidence adduced by both sides, has came to the conclusion that due to rash and negligent driving on the part of the second respondent herein, the accident occurred and awarded a sum of Rs.1,34,600/- to the petitioner in M.C.O.P.No.2243 of 2012 and Rs.10,42,350/- to the petitioner in M.C.O.P.No.2244 of 2012 as compensation along with interest at the rate of 7.5% per annum from the date of claim petition till realization, and held that the appellant Transport Corporation is liable to pay compensation to the claimants. The total compensation awarded by the tribunal under various heads are as follows:
Petitioner in M.C.O.P.No.2243 of 2012 :
Heads Compensation awarded by the tribunal in Rs.
Partial Permanent disability Rs.3000 x 20% 60,000/- Loss of income Rs.5000 x 6 30,000/-
Heads Compensation awarded by the tribunal in Rs.
Transport expenses 10,000/- Extra Nourishment 10,000/- Pain and sufferings 20,000/- Medical Bills 4,600/- Total 1,34,600/- Petitioner in M.C.O.P.No.2244 of 2012 :
Heads Compensation awarded by the tribunal in Rs.
Partial Permanent disability Rs.4500 x 12 x 80 x 17/100 7,34,400/- Medical Bills 3,07,950/- Total 10,42,350/-
4. Challenging the said award, Transport Corporation has filed the present appeals both against liability and the quantum of compensation awarded by the tribunal.
5. Heard the learned counsel appearing for the appellant/Transport Corporation and perused the materials available on record.
6. According to the learned counsel appearing for the appellant Corporation, there is no negligence on the part of the appellant/Transport Corporation, whereas the accident occurred only due to the petitioner riding his motorcycle with his wife and two children with controlled speed and hit the bus. Further, the Insurance Company was not impleaded as party in the claim petition. The tribunal erroneously awarded compensation to the claimants under various heads.
C.M.A.No.3276 of 2013 :
7. P.W.3 Dr.K.Gajendiran who examined the injuries sustained by petitioner and assessed 20% partial permanent disability and the petitioner furnished documents and the same were marked as Ex.P5, P6, P11, P12, P16, P17 & P18. Based on the assessment made by the Doctor that the petitioner sustained 20% partial permanent disability and the documents furnished
before the tribunal, the tribunal has fixed Rs.3,000/- per percentage and awarded total compensation of Rs.1,34,600/- to the petitioner in M.C.O.P.No.2243 of 2012. There is no evidence contrary to the said findings of the tribunal placed by the appellant and therefore, there is no ground to interfere with the said award passed by the tribunal and as such, the award passed by the tribunal is confirmed.
C.M.A.No.3277 of 2013 :
8. P.W.3 Dr.K.Gajendiran who examined the injuries sustained by the petitioner and assessed 80% partial permanent disability and the petitioner furnished documents and the same were marked as Ex.P7, P8, P9, P10, P13, P14, P15, P18 and P19. Based on the evidence deposed by the Doctor and the documents furnished by the claimant, the tribunal accepted 80% partial permanent disability assessed by the Doctor. Considering the nature and circumstances and age of the petitioner, the tribunal applied 17 multiplier and fixed Rs.4,500/- as monthly income of the petitioner and awarded Rs.7,34,400/- towards compensation for partial permanent disability and awarded total compensation of Rs.10,42,350/- to the petitioner in C.M.A.No.3277 of 2013.
Considering the fact that he could not able to do day-to-day work and loss of his earning capacity due to the said accident, and in the light of the judgment of the Hon'ble Supreme Court, the tribunal has rightly fixed the monthly income of the deceased and applied multiplier method. Therefore, this Court is of the view that the tribunal has awarded just and reasonable compensation towards 80% partial permanent disability suffered by the petitioner. Therefore, there is no warrant to interfere with the award passed by the tribunal and as such, the award passed by the tribunal is confirmed.
9. Consequently, both the appeals stand dismissed. No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar vaan
To 1.The Special Subordinate Judge (Motor Accidents Claims Tribunal) Coimbatore Copy to The Section Officer, VR Section, High Court, Madras. +1CC to Mr.A.Sundaravadanam, Advocate, SR.No. 17370 Civil Miscellaneous Appeal No.3276 & 3277 of 2013 M.P.No.1 + 1 of 2013 EV(CO) B.VC (06/09/2021)