The High Court dismissed an appeal filed by a transport corporation challenging the compensation awarded in a motor accident case. The court upheld the Tribunal's award of Rs. 30,000 deemed reasonable based on the evidence of injuries and age of the victim.
Civil Miscellaneous Appeal dismissed; appellant directed to deposit the awarded amount with interest.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
C.M.A.No.2979 of 2003
The Managing Director, Tamil Nadu State Transport Corporation Limited, (Villupuram Division II) Limited, Rangapuram, Vellore.
.. Appellant/1st Respondent
Vs. Ettiyammal .. Respondent/ Petitioner
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 11.2.2003 made in MCOP.No.495 of 2001 on the file of Motor Accidents Claims Tribunal (Sub Judge) Cheyyar at Tiruvannamalai District.
For Appellant : Mr. S.V.Vasanthakumar
Challenging the quantum of compensation awarded by the Tribunal, the appellant -Transport Corporation has preferred this Civil Miscellaneous Appeal.
On the fateful day, i.e., on 13.05.1999, at 2.30 pm, the respondent was travelling in a bus bearing Regn.No.TN 23 N888 belonging to the appellant Transport Corporation, from Kaamakkoor to Vandavasi and when the bus was proceeding in between Ayilavadi Koot Road and Koviloor Koot Road, the driver of the bus drove it rashly and negligently and dashed against a nearby ditch. As a result of the same, the respondent sustained multiple injuries in her right leg knee and left leg knee and all over her body. She filed a claim petition claiming a sum of Rs.50,000/- as compensation.
3.The Tribunal, after examining the oral and documentary evidence adduced by the parties, awarded a total compensation of Rs.30,000/- with interest at the rate of 9% per annum from the date of petition. Aggrieved over the quantum so determined as excessive, the appellant -Transport Corporation is before this Court with the present appeal.
4.The learned counsel for the appellant - Transport Corporation contended that the quantum of compensation awarded by the Tribunal is disproportionate to the injuries sustained by the respondent and there is no basis for awarding such compensation. Hence, the same needs to be reduced.
5.Heard the learned Counsel for the appellant and perused the materials available on record carefully and meticulously.
6.It is seen that the appellant - Transport Corporation has not taken any steps to bring the legal heirs of the deceased respondent. However, considering the paucity of time, this Court is inclined to proceed with this appeal on merits.
7.The learned counsel for the appellant Transport Corporation has not disputed the finding of the Tribunal that the accident had occurred only due to the rash and negligent driving of the driver of the bus and hence, the said finding of the Tribunal need not be interfered with by this Court.
8.As regards the quantum of compensation, P.W.1/respondent/claimant in her evidence, deposed that she was aged 60 years and was earning a sum of Rs.3000/- per month; she claimed that in the accident, she sustained multiple injuries in her right leg knee and left leg knee and all over her body; and she produced wound certificate as Ex.P2. The Tribunal, after considering the materials and evidence let-in by the respondent/claimant, determined Rs.12,000/- towards loss of income, Rs.7,000/- towards pain and suffering, Rs.5,000/- towards injuries and Rs.6,000/towards medical expenses and transport charges and thus, awarded Rs.30,000/- as total compensation. Having regard to the nature of the injuries sustained by the respondent/claimant, the amounts so awarded by the Tribunal under the above heads, are very reasonable and the same are hereby confirmed.
9.Hence, this Civil Miscellaneous Appeal is dismissed. No costs. The appellant-Transport Corporation is directed to
deposit the entire award amount with interest and costs, less the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this Judgement. On such deposit, the Tribunal shall transfer the same to the savings bank account of the respondent/claimant through RTGS, within a period of one week thereafter.
Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
rk/av
To
+1cc to M/s.S.V.Vasanthakumar , Advocate SR.No. 49180 C.M.A.No.2979 of 2003 A.SK(18/11/2019)
2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal was excessive and required modification.
Whether the apportionment of compensation under heads of loss of income, pain and suffering, injuries, and medical expenses was reasonable.
2 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation Limited
Ettiyammal
R.Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
