This court modified the Tribunal award in a motor accident case, enhancing compensation from Rs. 2,00,730/- to Rs. 4,00,000/- considering 50% disability of the claimant while dismissing the appeal and partly allowing the cross objection.
Enhanced compensation awarded from Rs.2,00,730/- to Rs.4,00,000/- with 7.5% interest.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.11.2017
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.M.A.(MD)No.129 of 2015 and
CROS.OBJ(MD)No.15 of 2015
C.M.A.(MD)No.129 of 2015
The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam, Railway Station New Road, Kumbakonam. ... Appellant
Vs.
Prayer : Appeal filed under Section 173 of Motor Vehicles Act, 1988, set aside the judgement and decree dated 31.07.2014 passed in M.C.O.P.No.99 of 2012 on the file of the Motor Accident Claims Tribunal/Principal Sub-Court, Kumbakonam.
For Appellant : Mr.P.Prabhakaran For Respondents : Mr.S.Rajaprabu for R.1 No Appearance for R.2 : Mr.K.Bhaskaran for R.3
CROS.OBJ.(MD)No.15 of 2015
Ramamoorthy ... Cross Objector Vs.
2
Prayer : Cross Objection filed under Order 41 Rule 22 C.P.C, to enhance the compensation awarded by the Tribunal from Rs.2,00,730/- to Rs.5,00,000/- in M.C.O.P.No.99 of 2012 on the file of Motor Accident Claims Tribunal / Principal Sub Court, Kumbakonam to the petitioner against the respondents.
For Cross Objector : Mr.S.Rajaprabu For Respondents : Mr.P.Prabhakaran for R.1 Mr.K.Bhaskaran for R.3 No Appearance for R.2
JUDGMENT
This civil miscellaneous appeal has been filed by the appellant, questioning the award dated 31.07.2014 made in M.C.O.P.No.99 of 2012, on the file of the Motor Accident Claims Tribunal/Principal Sub Court, Kumbakonam.
2.The claimant has filed this appeal seeking enhancement. The claimant namely Ramamoorthy met with an accident on 30.09.2011. When he was travelling in an Ambassador Car on 30.09.2011, a bus belonging to TNSTC, Kumbakonam dashed against the said vehicle. The vehicle was insured with the third respondent herein. The claimant filed M.C.O.P..No.99 of 2012 seeking compensation of a sum of Rs.15,00,000/-. The Tribunal by award dated 31.07.2014, granted a sum of Rs.2,00,730/- with 7.5% interest. Questioning the said award, the Transport Corporation has come on appeal. The claimant has also filed a Cross Objection seeking enhancement.
3.Heard the learned counsel for the petitioner and learned counsel for the respondents 1& 3.
4.The learned counsel appearing for the Corporation would contend that the First Information Report was registered against the driver of the Ambassador car. He would therefore contend that the negligence can be equally fastened on the car driver and the bus driver. However, it is seen that on the side of the Appellant Corporation the bus driver was not examined. When the Appellant Corporation pleads contributory negligence, the onus is on them to prove the same. In this case as much as the same was not done. I am not inclined to accept the contention of learned counsel for the appellant Corporation. I sustain the findings of the Tribunal that the accident took place on account of the rash and negligent driving on the part of the bus driver.
3
| Sl.No | Heads | Am | ount in Rs. |
|---|---|---|---|
| 1. | 50% Disability (1%=Rs. 3,000) | Rs. | 1,50,000/- |
| 2. | Pain and Suffering | Rs. | 75,000/- |
| 3. | Medical Expenditure | Rs. | 1,15,000/- |
| 4. | Transport charges | Rs. | 5,000/- |
| 5. | Extra Nourishment | Rs. | 5,000/- |
| 6. | Future Medical Expenses | Rs. | 50,000/- |
| Total | = Rs. | 4,00,000/- |
7.The compensation payable to the claimant is enhanced from Rs.2,00,730/- to Rs.4,00,000/-. The Transport Corporation/appellant is directed to pay the said amount with interest at the rate of 7.5% per annum with cost, from the date of petition till the date of realization within eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any to the credit of M.C.O.P.No.99 of 2012 on the file of the Motor Accidents Claims Tribunal/Principal Sub Court, Kumbakonam. On such deposit, the claimant is permitted to withdraw the same, less the amount already withdrawn by them, if any. The award passed by the Tribunal is accordingly modified. This Civil Miscellaneous Appeal is dismissed. Accordingly, the cross objection is partly allowed. No costs.
Sd/-
Assistant Registrar (CS-III)
/True Copy/
Sub Assistant Registrar
To
DSS/KMI
TE/SV-MMS/SAR-4 : 29/01/2018 : 3P/5C
C.M.A.(MD)No.129 of 2015 and CROS.OBJ.(MD)No.15 of 2015 01.11.2017
3 issues framed by the court
Whether the compensation awarded by the Tribunal to the claimant required to be re-worked due to 50% disability.
Whether the appellant could successfully plead contributory negligence against the bus driver.
Whether the cross objection filed by the claimant for enhancement of compensation was merit-worthy.
The Managing Director, Tamil Nadu State Transport Corporation
Ramamoorthy
Govindaraj
The Oriental Insurance Company Limited
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
