A transport corporation challenged the quantum of Rs.1,26,625 awarded to a claimant injured when a corporation bus hit his two-wheeler. Finding no functional disability and reasonable heads of assessment, the High Court held the award not on the higher side.
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.
CMA.No.2834 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2834 of 2024 and C.M.P.No.23296 of 2024
The Managing Director, Tamilnadu State Transport Corporation Limited, (TNSTC) (Coimbatore Division - II) Chennimalai Road, Erode-1. ... Appellant vs.
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Award, dated 24.11.2021 in M.C.O.P.371/2015 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Bhavani.
For Appellant : Mr.M.Murali Vinodh
J U D G M E N T
The present appeal is filed by the appellant, the Managing Director, Tamilnadu State Transport Corporation, Erode, questioning the
quantum of compensation awarded by the Motor Accident Claims Tribunal, Bhavani in M.C.O.P.371/2015
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2. The claimant filed the petition under Section 166 of Motor Vehicles Act, 1989 in M.C.O.P.371/2015 before the Motor Accident Claims Tribunal, Bhavani, seeking compensation of Rs.3,00,000/- for the injuries sustained by him in a road accident which happened on 23.06.2013.
3. The brief case of the claimant is as follows :
On 23.06.2013, the claimant was riding a two wheeler bearing Registration number TN 25 F 3921 on Velli Tiruppur - Kumarapalayam road and at about 9.30 a.m., a speeding bus bearing Registration number TN 33 N 1584 belonging to the appellant, the Tamilnadu State Transport Corporation, hit the two wheeler, as a result of which, the claimant sustained injuries all over his body. He was immediately rushed to AKPM Hospital where he was admitted as an inpatient for three months.
4. According to the claimant, the rash and negligent driving of
the driver of the bus bearing Registration Number TN 33 N 1584 belonging to the appellant was the cause of the accident and therefore, they are liable to pay compensation to him.
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fastened
5. The Tribunal, after analysing the evidence on record,
fastened negligence on the part of the driver of the MTC bus bearing Registration number TN 33 N 1584 and awarded compensation of Rs.1,26,625/- together with interest at the rate of 7.5% per annum from the date of petition till the date of realisation vide, its orders dated 24.11.2021.
6. Aggrieved over the quantum of compensation awarded by the Tribunal, the appellant, Tamilnadu State Transport Corporation Limited has filed the present appeal under Section 173 of the Motor Vehicles Act.
7 . Heard Mr.M.Murali Vinodh, learned counsel for the
appellant, Tamilnadu State Transport Corporation.
8. Mr.M.Murali Vinodh, learned counsel for the appellant contended that the Tribunal has awarded an exorbitant amount of Rs.1,26,625/- as compensation and the same has to be scaled down.
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9. A perusal of records shows that the claimant sustained a
fracture on fibula and tibia. The doctor who gave treatment to the claimant assessed the disability of the claimant as 30%. Since there is no functional disability, the Tribunal fixed Rs.3,000/- per percentage of disability and awarded a sum of Rs.90,000/- for partial permanent disability. The award passed by the Tribunal under various heads is shown below:
| S.No. | Heads | Amount awarded by the Tribunal |
|---|---|---|
| 1 | Partial permanent disability (30% X 3000) |
Rs.90,000/- |
| 2 | Loss of Income (Rs.3000 X 3) |
Rs.9,000/- |
| 3 | Pain and Sufferings | Rs.5,000/- |
| 4 | Medical Bills | Rs.16,625/- |
| 5 | Extra nourishment | Rs.2,000/- |
| 6 | Transportation expenses | Rs.2,000/- |
| 7 | Attender's Charges | Rs.2,000/- |
| Total | Rs.1,26,625/- |
10. The Award passed by the Tribunal cannot be said to be on
the higher side and therefore the Civil Miscellaneous Appeal filed by the
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Tamilnadu State Transport Corporation stands dismissed at the admission
stage itself. No costs. Consequently, connected miscellaneous petition is
closed.
22.10.2024
Index : Yes/No Speaking/Non-speaking order Neutral citation : Yes / No vum
To
2. The Section Officer, VR Section, Madras High Court, Chennai.
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CMA.No.2834 of 2024
R.HEMALATHA, J.
vum
C.M.A.No.2834 of 2024 and C.M.P.No.23296 of 2024
22.10.2024
1 issue framed by the court
Whether the Tribunal's compensation award of Rs.1,26,625 for injuries sustained in a bus-two wheeler collision was excessive and should be reduced.
2 provisions across 1 enactments
The Managing Director, Tamilnadu State Transport Corporation Limited (TNSTC) (Coimbatore Division - II)
Thiyagarajan
R.S. Shanmugasundaram
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
