Chief Civil Surgeon Medical Officer v. E Elamaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and C.M.P.Nos.27508 and 27512 of 2024 Chief Civil Surgeon Medical Officer, Government Hospital, Virudhachalam ... Appellant Vs.

E.Elamaran ... Respondent Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the judgment and decree passed by the Motor Vehicle Accident Claims Tribunal on the file of the Motor Accident Claims Tribunal / Special Subordinate Court, Cuddalore in M.C.O.P.No.391 of 2019 vide order dated 03.10.2023. For Appellant :

Mr.P.Gurunathan, AGP For Respondent :

Mrs.Ramya.V.Rao ***** 1/6

JUDGMENT

The above appeal is filed by the appellant/Transport Corporation against the Judgment and Decree dated 03.10.2023 passed in M.C.O.P.No.391 of 2019 by the Motor Accident Claims Tribunal / Special Subordinate Court, Cuddalore.

2. It is the case of the claimant that, on 18.01.2019 at about 03.30 pm, when the respondent / claimant was travelling in a two wheeler bearing Regn.No.TN 31 BF 3523 as a pillion rider, at that time an Omni bus bearing Regn.No.TN 09 G 1542 driven by its driver belonging to the appellant came in a rash and negligent manner and dashed the vehicle in which the claimant was travelling, due to which, the respondent / claimant sustained grievous injuries all over his body. Therefore, the claimant had filed a claim petition claiming a sum of Rs.50,000/- for the injuries sustained by him in the said accident.

3. Before the Tribunal, the claimant had examined P.W.1 and P.W.2 and marked Exhibits P.1 to Ex.P.9. On the side of the respondents, neither any documents nor any witnesses were examined and Court 2/6

document was marked as Ex.C.1. After adjudication, the Tribunal awarded a sum of Rs.45,000/- as compensation to the claimant. Challenging the same, the appellant / owner of the Omni bus has preferred the present appeal as against the quantum of compensation fixed by the Tribunal.

4. The learned counsel appearing for the appellant / owner of the Omni bus submitted that, though the injuries sustained by the claimant are simple in nature, however, the Tribunal has awarded a total compensation of Rs.45,000/- which is per se unsustainable. Accordingly, he prayed for passing appropriate orders.

5. The learned counsel for the respondent / claimant submits that by considering all the relevant documents, the Tribunal has rightly awarded the compensation, which does not require any enhancement. Accordingly, he prayed for dismissal of the appeal.

6. Heard the learned counsel appearing for the appellant and the learned counsel for the respondent and perused the materials available on 3/6

record.

7. The factum and manner of the accident is not disputed by the parties. Therefore, this Court is not entering into the said aspect. Admittedly the accident happened on 18.01.2019. In order to prove the said incident, the claimant has examined independent eye witnesses as P.W.1. and P.W.2 who categorically deposed before the Tribunal that the accident had occurred solely due to the driver of the appellant's Omni bus. However, in order to prove the same, no independent eye witness has been examined on behalf of the appellant / owner and upon perusing the oral and documentary evidence, the Tribunal has awarded a sum of Rs.45,000/- to be payable by the appellant / owner, which is just and reasonable and the same does not require any interference.

8. For the reasons aforesaid, this Appeal stands dismissed, confirming the award passed by the tribunal in MCOP.No.391 of 2019 dated 03.10.2023 and the appellant / owner is directed to deposit the compensation of Rs.45,000/- awarded by the tribunal to the credit of M.C.O.P.No.391 of 2019 along with interest at the rate of 7.5% per 4/6

annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less the amount, if any, already deposited, within a period of six weeks (6) from the date of receipt of a copy of this judgment, if not already deposited. On such deposit being made, the Tribunal is directed to transfer the said amount to the respondent directly to his bank account through RTGS within a period of two (2) weeks thereafter. It is underscored that the appellants are not entitled to any interest for the default period, if any. There shall be no order as to costs in this appeal. Consequently, connected miscellaneous petitions are closed. 13.12.2024 Index : Yes / No Speaking order / Non-speaking order Netrual Citation Case : Yes / No rap M.DHANDAPANI, J.

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rap To

1. Motor Accident Claims Tribunal / Special Subordinate Court, Cuddalore 2.The Section Officer, V.R.Section, High Court, Madras. 13.12.2024 6/6