This appeal against a Motor Accidents Claims Tribunal award was dismissed. The Court held that the Tribunal correctly fixed negligence on the Transport Corporation and the awarded compensation was not excessive.
The appeal was dismissed with no costs; the connected miscellaneous petition was closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2020
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
C.M.A.No.1934 of 2020
and
CMP No.14293 of 2020
The Managing Director,
Tamilnadu State Transport Corporation Limited,
Ramakrishna Road, Salem.
Vs.
U. Jaishankar ... Respondent
PRAYER:- Civil Miscellaneous Appeal preferred under Section 173
of Motor Vehicles Act, 1988, to set aside the fair and decreetal
order dated 31.08.2018 passed in MCOP.No.5 of 2016 on the file
of the Motor Accidents Claims Tribunal, Additional District
Court, Hosur .
For Appellant : Mr. D.Venkatachalam
For Respondent :Mr. C.Prabakaran
Feeling aggrieved with the award passed by the Motor
Accidents Claims Tribunal (Additional District Judge), Hosur in
MCOP No.5 of 2016, the Transport Corporation has filed this
Appeal.
2. The brief facts leading to file the appeal are as
follows:-
On 28.10.2015, while the petitioner was riding his
motorcycle from Attibele to Hosur Road, a bus bearing
Registration No.TN 29 N 1642, belongs to the appellant
Corporation, came in a rash and negligent manner and suddenly
stopped the bus without giving any signal. Due to which, the
claimant dashed against the bus and sustained head injury and
also suffered multiple injuries all over the body. Immediately,
he was taken to the Government Hospital, where, first aid was
given to him and thereafter, he was referred to NIMHANS
Hospital, Bangalore. At the time of accident, the claimant was
40 years old and he was working as a salesman in the wine shop
and earning a sum of Rs.10,000/- per month. Hence, he has filed
the claim petition seeking compensation of Rs.15 lakhs.
3. The respondent/ Transport Corporation contested the
claim petition stating that the accident has taken place due to
the negligent driving of the claimant. The driver of the bus has
stopped the bus only in the bus stop on the left side of the
road, only the claimant, who came in a rash and negligent
manner, dashed against the bus from behind. Hence, no negligence
can be fixed on the Transport Corporation Bus. That apart, the
driver of the Transport Corporation bus has given a complaint.
Based on which, First Information Report was registered. He has
also disputed the nature of the injuries sustained by the
injured and also stated that compensation claimed by the
claimant is excessive.
4. In order to prove the case, before the Tribunal, the
claimant examined himself as P.W.1 and marked as many as 21
exhibits. On the side of the respondents, no witness has been
examined and one document has been marked.
5. The Tribunal, after considering the materials
available on records, came to the conclusion that the occurrence
has taken place due to the rash and negligent driving of the
driver of the bus and fixed the negligence on the driver of the
bus and the Tribunal awarded compensation under various heads
as follows :-
Sl. |
Headings |
Amount awarded |
|---|---|---|
No. |
by the Tribunal |
|
Rs. |
||
1 |
Permanent Disability |
Rs.60,000/- |
2 |
Medical Expenses |
Rs.72,863/- |
3 |
Future Medical Expenses |
Rs.20,000/- |
Sl.No. |
Headings |
Amount awardedby the TribunalRs. |
|---|---|---|
4 |
Transportation Charges |
Rs.10,000/- |
5 |
Nutrition Charges |
Rs.10,000/- |
6. |
Attender Charges |
Rs.10,000/- |
7. |
Pain land sufferings |
Rs.15,000/- |
8, |
Discomfort, frustration and loss of socialenjoyment |
Rs.10,000/- |
9. |
Partial loss of income |
Rs.27,000/- |
Total |
Rs.2,34,863/- |
Now, aggrieved over the same, the Transport Corporation is
before this Court with this appeal.
6. Heard both sides and perused the materials available
on records carefully.
7. From the materials available on records, it could be
seen that the driver of the Transport Corporation bus has driven
the bus from Attibele to Hosur and stopped the bus suddenly
without any indication. The claimant, who has driven the two
wheeler, dashed against the bus from behind. Even though it is
stated that the accident has taken place due to the negligent
driving of the claimant, the respondent Corporation did not
examine any witness, much less, the driver of the bus. Merely
because the First Information Report has been filed based on the
complaint lodged by the driver of the bus, it is not the ground
to fix the negligence on the injured claimant. The Tribunal,
rightly, fixed the negligence on the respondents. So far as
the disability is concerned, the Tribunal fixed the disability
at 15% after considering the nature of the injuries sustained by
the claimant and the Tribunal fixed Rs.4,000/- towards each
percentage of disability and granted a sum of Rs.60,000/-
towards disability and a sum of Rs.72,863/- was granted towards
medical expenses and under other heads also a reasonable amount
has been granted by the Tribunal. In the said circumstances,
the compensation awarded by the Tribunal cannot be held
excessive. Considering the above circumstances, I find no merit
in the appeal, and the appeal is liable to be dismissed.
8. In the result, this Civil Miscellaneous Appeal is
dismissed. No costs. Consequently, connected miscellaneous
petition is closed.
Sd/-
Assistant Registrar (CS-III)
// True Copy //
Sub Assistant Registrar
mrp
To:
The Additional District Court,
Motor Accidents Claims Tribunal,
Hosur.
+1CC to M/s.C.Prabakaran, Advocate, SR.No. 42712
+1CC to Mr.D.Venkatachalam, Advocate, SR.No. 42752
C.M.A.No.1934 of 2020
GP(CO)
B.VC (20/09/2021)
2 issues framed by the court
Whether the compensation awarded by the Motor Accidents Claims Tribunal is excessive and liable to be set aside.
Whether the negligence can be fixed on the injured claimant based solely on the First Information Report filed by the bus driver.
1 provisions across 1 enactments
The Managing Director, Tamilnadu State Transport Corporation Limited
U. Jaishankar
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court