The Managing Director v. Anjalatchi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2016

CORAM

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN C.M.A. Nos.872 and 873 of 2016 & C.M.P. Nos. 7030 and 7029 of 2016 The Managing Director Tamil Nadu State Transport Corporation Villupuram ..Appellant in both appeals Vs.

Anjalatchi ..Respondent/Petitioner in CMA 872/16 Selvarani ..Respondent/Petitioner in CMA 873/16 Prayer: Civil Miscellaneous Appeals were filed under section 1&3 of MV Act as against the Judgment and decree dated 27.07.2015 made in M.C.O.P. Nos.255 and 256 of 2013 on the file of Motor Accidents Claims Tribunal, I Additional Sub Court, Vridhachalam. For Appellant :: Mr.P.Paramasivadoss C O M M O N J U D G M E N T These Civil Miscellaneous Appeals are preferred by the Transport Corporation as against the judgment and decree dated 27.07.2015 made in M.C.O.P. Nos.255 and 256 of 2013 on the file of Motor Accidents Claims Tribunal, I Additional Sub Court, Vridhachalam.

2. On 06.10.2010, at about 5.45 p.m., while the claimants came from Pazhayapattinam Village at Bus stand Vridhachalam, the vehicle of the appellant bearing Registration No.TN.32/3393 driven by its driver in a rash and negligent manner dashed against the claimants and thereby, they sustained multiple injuries.

3. Claiming compensation to the tune of Rs.50,000/- each, the claimants have approached the Tribunal for the injuries sustained on 06.10.2010.

4. The Tribunal based on the oral evidence of the witnesses, and the documentary evidence, granted a sum of Rs.25,000/- towards pain and suffering and transportation charges and a sum of Rs.3,935/- for the medical bills, totalling a sum of Rs.28,935/- with interest at 7.5% per annum to the claimant in C.M.A.No.872 of 2016. As far as the claimant in C.M.A.No.873 of 2016 is concerned, the Tribunal, based on the oral evidence of the witnesses and the documentary evidence, granted a sum of Rs.25,000/- towards pain and suffering and transportation charges including all loss suffered by the said claimant with interest at 7.5% per annum.

5. This Court heard the submissions of the learned counsel for the appellant and perused the materials available on record.

6. Though it has been vehemently contended that the method of compensation arrived at by the Tribunal is erroneous, even going by no fault liability of a sum of Rs.25,000/- per head, the compensation awarded by the Tribunal cannot be said to be excessive. That apart, the amounts granted for pain and suffering and transportation is justifiable. Hence this Court finds no reason to interfere with the compensation awarded by the Tribunal and hence the appeals are dismissed, confirming the award of the Tribunal. No costs. Connected miscellaneous petitions are closed.

7. The Appellant Transport Corporation is directed to deposit the entire award amounts together with proportionate costs and interest @ 7.5% per annum from the date of claim petition, before the Tribunal, if not already deposited to the credit of MCOP Nos.255 and 256 of 2013 respectively on the file of the Motor Accident Claims Tribunal, I Additional Sub Court, Virdhachalam, within a period of four weeks from the date of receipt of a copy of this order and on such deposit being made, the respective respondent herein/claimant are entitled to make necessary applications to withdraw the same.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rg

To The I Additional Sub Court, Motor Accidents Claims Tribunal, Vridhachalam. C.M.A. Nos. 872 and 873 of 2016 nrjk co kra 16.06.2016