Appeal against Motor Accident Claims Tribunal award dismissed. Court upheld Tribunal's award of Rs.1,53,000 as fair and reasonable, confirming the reliance on national precedent regarding disability compensation calculation.
Appellant directed to deposit the entire award amount with interest; appeal and connected C.M.P. dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.07.2017
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A.No.127 of 2016 and C.M.P.(MD)No.2110 of 2016
The Managing Director,
The Tamil Nadu State Transport Corporation Ltd, Madurai,
Bye pass Road, Madurai Taluk, Madurai District.
... Appellant/Respondent
Vs.
Chattaiyappan ... Respondent/ Petitioner
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the decree and judgment passed in M.C.O.P.No.214 of 2013 dated 26.03.2014 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Dindigul.
For Appellant : Mr.P.Prabhakaran For Respondent : Mr.C.K.M.Appaji
JUDGMENT
This Civil Miscellaneous Appeal is directed under Section 173 of Motor Vehicles Act, 1988, by the Tamil Nadu State Transport Corporation, as against the award passed in M.C.O.P.No.214 of 2013 dated 26.03.2014 on the file of the Motor Accident Claims Tribunal, Special Sub Court, Dindigul.
2. Heard the learned counsel appearing for the appellant/Transport Corporation and the learned counsel appearing for the respondent/claimant.
3. The facts in nutshell:
On 28.06.2012, at 12 noon, when the claimant was standing before the Government Hospital in Ottanchathiram-Dharapuram Road, the bus belongs to the appellant Transport Corporation bearing registration No. TN-67-0724 came in a rash and negligent manner and hit against him due to which the claimant sustained multiple https://hcservices.ecourts.gov.in/hcservices/ injuries. A case in Crime No.350 of 2012 was registered against the driver for offences under Sections 279, 337 IPC. Claim
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petition was filed claiming Rs.6,00,000/- before the Tribunal.
4. Before the tribunal, the claimant examined himself as P.W.1 and Doctor was examined as P.W.2 and Exs. P.1 to P.8 were marked and on the side of the appellant, the driver was examined as D.W.1 and no document was marked.
5. The Appellant would mainly contend that the Tribunal failed to fix the entire negligence on the injured, who was trying to cross the road from left side to right side without noticing the coming bus and dashed on the front left side of the bus and thus invited the accident and that the injured was solely responsible for the accident.
6. The learned counsel for the appellant further argued that the Tribunal has erred in awarding a sum of Rs.3,000/- (Rupees Three Thousand only) for 1% disability and the amount awarded under the disability at Rs.1,05,000/- (35 X 3000) is too high.
9. After considering the submission, this Court is of the considered view that there is no error in the award passed by the Tribunal. The Tribunal has awarded a reasonable compensation of Rs.1,53,000/-, which does not warrant any interference by this Court. Since the award passed by the Tribunal is fair and reasonable, the same is confirmed. After considering the submission, this Court is of the considered view that there is no error in the award passed by the Tribunal.
10 . The appellant Transport Corporation is directed to deposit the entire award amount, less the amount if any already deposited, with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit within a period of six weeks from the date of receipt of copy of this judgment. On https://hcservices.ecourts.gov.in/hcservices/ such deposit being made, the claimant is entitled to withdraw the entire award amount along with proportionate interest and costs.
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11 . Accordingly, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected C.M.P.(MD) No.2110 of 2016 is also dismissed.
Sd/Assistant Registrar (T&P)
/True Copy/
Sub Assistant Registrar
To
The Special Subordinate Judge, Motor Accident Claims Tribunal, Dindigul.
Copy To:-
The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies)
TE/JC/SAR-4 : 02/02/2018 : 3P/6C
C.M.A.No.127 of 2016 and C.M.P.(MD)No.2 110 of 2016 12.07.2017
2 issues framed by the court
Whether the compensation awarded by the Tribunal warrants interference by this Court.
Whether the Tribunal erred in relying on precedent to award a sum for the disability.
Colour shows how this judgement treated each authority
National Insurance Company Limited v. G.Ramesh and anotherReferred¶8
National Insurance Company Limited v. G.Ramesh and another reported in 2013 (2) TN MAC 583
1 provisions across 1 enactments
The Tamil Nadu State Transport Corporation Ltd
Chattaiyappan
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
