The Managing Director v. S. Rajavelu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15/4/2016 C O R A M THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN C.M.A.No.860 of 2016 The Managing Director Tamil Nadu State Transport Corporation Salamedu Vazhuthareddy Villupuram.

...

Appellant/Respondent Vs S.Rajavelu ...

Respondent/Petitioner Appeal filed under Section 173 of the Motor vehicles Act, 1988 against the judgment and decree dated 24/9/2013 made in M.C.O.P.No.1764 of 2008 on the file of the Motor Accident Claims Tribunal, Special Subordinate Judge at Cuddalore. For appellant ...

Mr.K.J.Sivakumar - - - - - -

J U D G M E N T

The Transport Corporation has preferred this Civil Miscellaneous Appeal challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal, Special Subordinate Judge, Cuddalore, in M.C.O.P.No.1764 of 2008.

2. On 14/2/2008, at about 5.45 p.m., when the petitioner was riding his bicycle near Pannar bridge at Periyakankanakuppam, a bus bearing Registration No.TN32N-1321, belonging to the Transport Corporation, driven by its driver in a rash and negligent manner, dashed against the bicycle causing grievous injuries. Immediately, the petitioner was admitted in Government Headquarters Hospital, Cuddalore. Due to the grievous injuries caused to the petitioner, permanent disability has been caused to the petitioner which has reduced the earning capacity of the petitioner.

3. A cursory glance of the evidence of P.W.2 would make it clear that the dentist, who clinically examined the petitioner on 5/4/2013 deposed that sensitivity and pain persists in the fractured tooth and that the petitioner is having difficulty in eating and assessed the percentage of disability caused to the petitioner at 10%. Hence on available medical evidence, the Tribunal came to the conclusion that the petitioner had sustained grievous injury in the accident and that the said injury has caused partial permanent disability to an extent of 10%.

4. Since the disability caused to the petitioner is incapable of reducing the earning capacity of the petitioner, considering the age of the petitioner, which was 50, at the time of accident, the Tribunal, by applying the ratio laid down in a decision reported in 2013 (1) TNMAC 47 (DB) {New India Assurance Company Ltd Vs. F.Ponnurangam and Others} came to the conclusion that granting compensation for the disability caused to the petitioner at the rate of Rs.1,500/- for each percentage of disability will be the just compensation under the head "Loss due to partial permanent disability".

5. The factum of accident is not disputed by the Tamil Nadu State Transport Corporation. Since the bus of the Transport Corporation is a self-insured one, the appellant is liable to pay compensation to the respondent. Hence the award of the Tribunal cannot be said to be excessive and this Court finds no reason to interfere with the compensation awarded by the Tribunal.

6. In the above circumstances, finding no merit, by confirming the award of the Tribunal, the Civil Miscellaneous Appeal is dismissed. The rate of interest granted by the Tribunal is also confirmed. The appellant Transport Corporation Company is directed to deposit the entire award amount together with interest to the credit of M.C.O.P.No.1764 of 2008 on the file of the Motor Accident Claims Tribunal, (Special Subordinate Judge), Cuddalore if not already deposited, within a period of eight weeks from the date of receipt of a copy of this order and on such deposit being made, the claimant is entitled to withdraw his share on filing necessary application before the Tribunal. No costs. Consequently, the connected Miscellaneous Petition is closed.

mvs.

-s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar

To The Special Subordinate Judge, Motor Accident Claims Tribunal, Cuddalore.

Copy to:

The Managing Director, Tamil nadu State Transport Corporation, Salamedu, Vazhuthareddy, Villupuram.

rsk(co) prk17/6 C.M.A.No.860 of 2016