Tamil Nadu State Transport v. A.T. Murugesan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2017

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.A(MD)No.717 of 2017 and C.M.P(MD)No.7602 of 2017 Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd., Rep. By its Managing Director, Having office at Periyamilaguparai, Trichy-1. ...Appellant/Respondent Vs.

A.T.Murugesan ...Respondent/Respondent PRAYER:- Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree made in M.C.O.P.No.1926 of 2014, dated 28.04.2016 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tiruchirapalli.

For Appellant : Mr.D.Sivaraman First respondent : Mr.N.Sudhakar Nagaraj

J U D G M E N T

This Civil Miscellaneous Appeal has been filed by the appellant/Transport Corporation against the award of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tiruchirapalli passed in M.C.O.P.No.1926 of 2014 dated 28.04.2016.

2. It is a case of injury sustained by the injured/claimant in the accident, which took place on 13.07.2014 at about 05.15 a.m., at Murugan Koil Bus-stop, Ramachandra Nagar, Trichy.

3. It is the case of the injured/claimant before the Tribunal that when he was travelling in the bus bearing registration No.TN 45 N 2380 from Trichy Central Bus-Stand to Ramachandra Nagar BusStop, after reaching the bus-stop, the Conductor of the bus asked the passengers of Ramachandra Nagar to get down from the bus and therefore, the petitioner got down from the bus. But, before alighting from the bus, the driver of the bus took off the bus without any signal. Because of that, the injured fell down from the bus and the front wheel of the bus rode over his leg and he sustained injuries.

4. The claimant filed an application in M.C.O.P.No.1926 of 2014 on the file of the the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Tiruchirapalli, seeking compensation.

5. Before the Tribunal, the appellant/claimant examined two witnesses as P.Ws.1 and 2 and marked thirteen documents as Ex.P.1 to Ex.P.13. The respondent/Transport Corporation examined two witnesses as D.Ws.1 and 2 and no document was marked on their side.

6. The Tribunal, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side and also appreciating the evidence on record, held that the accident occurred due to the negligent act of both the driver and the conductor of the bus and therefore, directed the appellant/Transport Corporation to pay a sum of Rs.4,35,519/-, as compensation.

7. Against which, the appellant/Transport Corporation filed this present appeal challenging the liability as well as quantum.

8. Though, various grounds have been raised in the grounds of appeal, at the time of arguments, the learned counsel for the appellant restricted his arguments only to the aspect of quantum and submitted that the Tribunal awarded double compensation for the same injuries under two heads, namely, 'for disability' and 'for loss of income' and therefore, the compensation awarded 'for loss of income' is to be deleted.

9. Considering the above said submission, the compensation awarded 'for loss of income' is deleted.

10. At this juncture, the learned counsel for the respondent/claimant submitted that the victim sustained injuries and he was treated by P.W.2-Doctor. The Doctor had issued the Disability Certificate under Ex.P11 assessing the permanent disability at 80%. The learned counsel for the appellant relied on the Judgment rendered in P.Elangovan vs. S.Murali and two others reported in 2017 (1) TN MAC 251, wherein it has been held that a sum of Rs.3,000/- should be fixed for 1% disability, but the Tribunal had awarded only a sum of Rs.1,500/- for disability of 1%.

11.Considering the above submission, this Court fixes a sum of Rs.3,000/- (Rupees Three Thousand Only) for 1% disability and awards a sum of Rs.2,40,000/- (Rupees Two Lakhs and Forty Thousand Only), towards permanent disability and the other heads are confirmed.

12. In view of the settled position of law, this Court modifies the award of the Tribunal by reducing the compensation, as under:- S.No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted

1.

For pain and sufferings 50,000 50,000 confirmed 2.

For Extra Nourishment 10,000 10,000 confirmed 3.

For medical expenses 33,719 33,719 confirmed 4.

For mental agony 40,000 40,000 confirmed 5.

Future earning capacity 30,000 30,000 confirmed 6.

For permanent disability 1,20,000 2,40,000 enhanced 7.

Loss of income 1,44,000 Deleted deleted 8.

Transport Expenses 7,800 7,800 confirmed Total Rs.4,35,519 Rs.4,11,519 rounded of to Rs.4,12,000 By reducing a sum of Rs.23,519/-

13. In the result, (i) This Civil Miscellaneous Appeal is partly allowed, reducing the award of the Tribunal from Rs.4,35,519/- (Rupees Four Lakhs Thirty Five Thousand Five Hundred and Fifty Nine only) to a sum of Rs.4,12,000/- (Rupees Four Lakhs and Twelve Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs; (ii) The appellant/Transport Corporation is directed to deposit the entire award amount of Rs.4,12,000/- (Rupees Four Lakhs and Twelve Thousand only) with accrued interests and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit being made, the respondent/claimant is permitted to withdraw the entire award amount, with accrued interests and costs, without filing any formal application before the Tribunal. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar

To, The Motor Accident Claims Tribunal (Chief Judicial Magistrate),Tiruchirappalli.

COPY TO:

The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court,Madurai.

+1cc to M/S.D.SIVARAMAN, Advocate SR.No.72994 +1cc to M/S.N.SUDHAKAR NAGARAJ, Advocate SR.No.72995 pm MAS/SV-MMS/SAR2:04.09.2017:4P-5C C.M.A(MD)No.717 of 2017 17.08.2017