The Managing Director, v. K.Periyashanmugiah

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.M.A.(MD)Nos.916 to 919 of 2016 and C.M.P.(MD)Nos.8361 to 8364 of 2016 C.M.A.(MD)No.916 of 2016 The Managing Director, Tamil Nadu State Transport Corporation (Madurai Division), South Bye Pass Road, Vannarapettai, Tirunelveli.

... Appellant/Respondent Vs.

K.Periyashanmugiah .. Respondent/Petitioner PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree passed in M.C.O.P.No.1155 of 2009, dated 31st Day of August, 2010, on the file of the Motor Accident Claims Tribunal / II Additional District Court, Tirunelveli.

C.M.A.(MD)No.917 of 2016 The Managing Director, Tamil Nadu State Transport Corporation (Madurai Division), South Bye Pass Road, Vannarapettai, Tirunelveli.

... Appellant/Respondent Vs.

Shanthi .. Respondent/Petitioner PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree passed in M.C.O.P.No.1179 of 2009, dated 31st Day of August, 2010, on the file of the Motor Accident Claims Tribunal / II Additional District Court, Tirunelveli.

C.M.A.(MD)No.918 of 2016 The Managing Director, Tamil Nadu State Transport Corporation (Madurai Division), South Bye Pass Road, Vannarapettai, Tirunelveli.

... Appellant/Respondent Vs.

1.Periya Shanmugiah 2.Shanthi .. Respondents/Petitioners PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree passed in M.C.O.P.No.1157 of 2009, dated 31st Day of August, 2010, on the file of the Motor Accident Claims Tribunal / II Additional District Court, Tirunelveli.

C.M.A.(MD)No.919 of 2016 The Managing Director, Tamil Nadu State Transport Corporation (Madurai Division), South Bye Pass Road, Vannarapettai, Tirunelveli.

... Appellant/Respondent Vs.

Minor Jeyapradha .. Respondent/Petitioner (Minor represented by father and next friend Periyashanmugiah) PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree passed in M.C.O.P.No.1156 of 2009, dated 31st Day of August, 2010, on the file of the Motor Accident Claims Tribunal / II Additional District Court, Tirunelveli.

For Appellant in all appeals : Mr.M.Prakash COMMON JUDGMENT Aggrieved over the award passed by the Motor Accidents Claims Tribunal / II Additional District Court, Tirunelveli in M.C.O.P.Nos.1155, 1156, 1157 and 1179 of 2009, the appellant Transport Corporation has preferred these Civil Miscellaneous Appeals.

2. The brief facts of case are as follows:

The claimants in M.C.O.P.Nos.1155, 1157 and 1179 of 2009 are husband and wife and they are the parents of the claimant in M.C.O.P.No.1156 of 2009. On 15.10.2009, the claimants along with one Divya Priya were travelling in a motorcycle bearing Registration No.TN-76-Z-3813 on Tirunelveli - Sankarankoil main road. At that time, a bus belonging to the appellant Transport Corporation bearing Registration No.TN-72-N-0935 came on the same direction in a rash and negligent manner and hit against the motorcycle, as a result of which, they fell down and sustained injuries. Immediately they were taken to TVMC hospital. However, on the way to the hospital, the said Divya Priya succumbed to the injuries. A criminal case was registered against the driver of the bus in Cr.No.266 of 2009, for the offences under Sections 279, 337, 338 and 304-A I.P.C. by the Manur Police. The claim petitions were filed alleging that the driver of the bus was responsible for the accident.

3. The appellant resisted the claim petitions by filing a counter affidavit disputing the age, avocation and income of the claimants and the deceased. It is further stated that the rider of the motorcycle without observing the traffic rules, came in a rash and negligent manner and caused the accident and hence, they are not liable to pay the compensation.

4. Before the Tribunal, the claimants, in order to establish their case, examined themselves as P.Ws.1 and 2 and they have deposed in tune with the allegations made in the claim petitions. Ex.P.1 -F.I.R. shows that based on the complaint given by P.W.1, a case has been registered against the driver of the bus. Accepting the evidences of P.W.1 and P.W.2 and based on the document, viz., Ex.P.1, the Tribunal has held that the accident occurred due to the negligence of the driver of the bus.

5. In M.C.O.P.No.1157 2009, P.W.1 and P.W.2 have given evidence stating that the deceased Divya Priya was six years old at the time of accident and she was studying 1st std. Exd.P.2- the postmortem certificate and Ex.P.3- the School Certificate are corroborating the evidence of P.W.1 and P.W.2. P.W.2 has stated that she was 32 years old. The Tribunal has fixed the notional income of the deceased as Rs.15,000/- p.a. and based on the age of P.W.2, adopted multiplier of "16" and awarded compensation of Rs.1,60,000/- towards of loss of dependency, after deducting 1/3rd towards the personal expenses of the deceased. In addition, Rs.1,00,000/- is awarded towards loss of love and affection; a sum of Rs.5,000/- towards funeral expenses and a sum of Rs.2,500/- for loss of estate and totally, the Tribunal has awarded a sum of Rs.2,67,500/- as compensation.

6. Insofar as M.C.O.P.No.1155 of 2009 is concerned, P.W.1 in his evidence would state that he sustained injuries over his right knee, right lower leg, left fore hand, left lower neck, left knee, little and middle fingers of right hand and fracture over his right middle hand. After the accident, he was taking treatment as

inpatient at Galaxy Private hospital from 15.08.2009 to 16.08.2009 and he has also undergone a surgery. Ex.P.7 is the accident registrar, which shows that P.W.1 has sustained four injuries. Ex.P.8 is the discharge summary. P.W.4- Dr.Anbu Rajan has given evidence stating that P.W.1 has suffered a fracture over his right middle finger and also over wrist and he issued the wound certificate - Ex.P.22. P.W.5- Dr.Ramaguru deposted that on 06.07.2010, he examined P.W.1 and after perusing the records, found that he has suffered with 20% permanent disability.

7. The Tribunal based on the evidence of P.W.1, P.W.4 and P.W.5, awarded Rs.40,000/- for two fractures; Rs.20,000/- towards partial permanent disability; Rs.3,454/- for medical expenses; Rs.2,000/- for transportation and Rs.3,000/- for extra nourishment. The Tribunal totally awarded a sum of Rs.68,454/-.

8. Insofar as M.C.O.P.No.1156 of 2009 is concerned, the claimant was minor aged about 3 years and she sustained injuries over her face, left leg and other parts of the body. She was taking treatment as inpatient at Galaxy hospital for 15 days. Ex.P.4 is the would certificate. Ex.P.5 and Ex.P.6 are medical bills. Based on the evidences, the Tribunal has totally award a sum of Rs.20,433/-.

9. Insofar as M.C.O.P.No.1179 of 2009 is concerned, P.W.2 deposed that she has sustained injuries over her right scapula, right forehead and back side of the head and other parts of the body and suffered fracture over her right hand. Due to the injuries sustained in the accident, she could not carry heavy luggage and also could not do any work by using right hand. Ex.P.21 is the wound certificate.

10. P.W.5 - Dr.Ramaguru deposed that P.W.2 had undergone surgery and steel plates and screws were implanted on the right elbow. She suffered partial permanent disability of 50%. P.W.2, has also produced Ex.P.9 showing the medical leave availed by P.W.2 and Ex.P.20 is her salary certificate. Based upon the oral and documentary evidences, the Tribunal has awarded a sum of Rs.60,000/- for two grievous injuries, Rs.10,000/- for two simple injuries; Rs.50,000/- towards partial permanent disability; Rs.34,666/- for loss of medical leave; Rs.86,865/- towards medical expenses; Rs.5,000/- towards extra nourishment and Rs.2,000/- for transportation. The Tribunal has totally awarded a sum of Rs.2,48,531/-. The Tribunal has awarded interest at the rate of 7.5% p.a.

11. This Court is of the considered opinion that the award is fair and reasonable and therefore, the award passed by the Tribunal in all claim petitions are hereby confirmed and accordingly, all the Civil Miscellaneous Appeals are dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. The Appellant Insurance Company is directed to deposit the

compensation amount within a period of eight weeks from the date of receipt of a copy of this order, if it is not already deposited. On such deposit being made, the claimants are permitted to withdraw the entire award amount with interest and costs as apportioned by the Tribunal. The compensation awarded to the minor claimant shall be kept in a fixed deposit in any Nationalized Bank initially for a period of three years and thereafter renewable till she attained majority and the interest amount shall be withdrawn by the guardian of the minor claimant directly from the Bank once in three months.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar ssl To, The Motor Accident Claims Tribunal / II Additional District Court, Tirunelveli.

COPY TO:- THE SECTION OFFICER, V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1cc to Mr.M.PRAKASH Advocate Sr.No. 49327 JAM/23.01.2017/GSV-SV 5P-4C C.M.A.(MD)Nos.916 to 919 of 2016 and C.M.P.(MD)Nos.8361 to 8364 of 2016 01.09.2016