Transport Corporation appealed against a Tribunal award of Rs.10,62,535/- to an injured two-wheeler rider, contesting negligence and quantum. The High Court upheld the negligence finding on the bus driver and the compensation computation, and dismissed the appeal, confirming the award.
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 : 04.07.2025
CORAM :
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
C.M.A.(MD).No.561 of 2025 and CMP(MD)No.9455 of 2025
The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam Division Ltd.,) Periyamilagiparai, Trichy Region, Tiruchirappalli-1. ... Appellant/1st Respondent
Vs.
1.V.Ramar ... 1st Respondent/Claimant
2.Sezhiyan ... 2nd Respondent/2nd Respondent
PRAYER : Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988, to allow this appeal by setting aside the order and decreetal order dated 02.01.2025 made in MCOP.No.215 of 2023 on the file of the Motor Accident Claim Tribunal/The learned Subordinate Judge, Musiri.
For Appellant : Mr.K.Ramaiah Standing Counsel for TNSTC ( Madurai, Kumbakonam, Tirunelveli) For R1 : Mr.K.Arun Raj
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ORDER
The appellant/Transport Corporation has filed this Civil Miscellaneous Appeal challenging the negligence and quantum of compensation awarded in MCOP.No.215 of 2023 on the file of the Motor Accident Claim Tribunal/The learned Subordinate Judge, Musiri.
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279 and 337 of I.P.C., by Thottiyam Police, Trichy District. Then, the first respondent filed a claim petition in M.C.O.P.No.215 of 2023 before the Motor Accident Claim Tribunal/The learned Subordinate Judge, Musiri, seeking compensation of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only).
5.Before the Tribunal, on the side of the first respondent/claimant he examined himself as P.W.1 and marked 8 documents as Exs.P.1 to P.8 and on the side of the appellant/Transport Corporation, no one was examined and no document was marked.
6 . Finding of the Tribunal:
The Tribunal, after considering all the aspects, fixed the negligence on the driver of the bus and fixed a sum of Rs.3,08,000/- [7,000 X 44% = 1,86,000/-] towards compensation for permanent disability on the basis of Ex.C1. Even though the first respondent/claimant pleaded that the injured was earning a sum of Rs.30,000/- per month, no evidence was adduced to prove the same. Hence, the learned Judge fixed the notional income of the injured as Rs.15,000/- per month considering the age of the injured that he is
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57 years. Since the injured could not have attended his avocation atleast for 3 months, the learned trial Judge awarded a sum of Rs.45,000/- under the head
of Loss of Income and awarded a sum of Rs.60,000/- and awarded a sum of Rs.5,000/- for Transport charges and awarded a sum of Rs.5,000/ - for nutritious food and awarded a sum of Rs. 7,47,594/- towards medical expenses on the basis of Ex.P.3 and Ex.P.4 and awarded a sum of Rs.5,000/- attendant charge and awarded a sum of Rs.5,000/- and totally awarded a sum of Rs.10,62,535/- after deducting 10% for not wearing helmet as compensation under various heads which are as follows:-
| Sl.No. | Heads | Amount in Rupees |
|---|---|---|
| 1. | Permanent disability |
Rs. 3,08,000/- |
| 2. | Loss of Income |
Rs. 45,000/- |
| 3. | Pain and suffering |
Rs. 60,000/- |
| 4. | Transport Charges |
Rs. 5,000/- |
| 5. | Nutritious Food |
Rs. 5,000/- |
| 6. | Medical Expenses |
Rs. 7,47,594/- |
| 7. | Attendant Charges |
Rs. 5,000/- |
| 8. | Comfort and amenities |
Rs. 5,000/- |
| Total |
Rs.11,80,594/- | |
| Total after deducting 10% for not wearing helmet. |
Rs.10,62,535/- | |
| (Rs.11,80,594 – Rs.1,18,059/-) |
this appeal questioning the negligence and also the quantum.
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submit that the first respondent/claimant is solely responsible for the accident and he rode his two wheeler without wearing helmet and hence, he seeks to fix contributory negligence upon the first respondent.
9.The learned counsel for the first respondent/claimant would submit that FIR and the other material documents and the evidence of P.W.2 would unequivocally show the negligence on the part of the driver as well as the conductor of the bus. Upon perusal of the oral and documentary evidence, the tribunal awarded the compensation and hence, it does not require any interference. Hence, he prayed for dismissal of the appeal.
i) Whether the compensation granted is in accordance with law?
the appellant/Transport Corporation is that the first respondent/claimant, was
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solely responsible for the accident, and he rode his two wheeler without wearing a helmet and hence, it is a violation or Motor Vehicle Rules. The violation of Motor Vehicle Rules is not a ground to fix the negligence on the part of the injured claimant.
appellant/Transport Corporation cannot be accepted as the FIR was registered against the driver of the bus of the appellant/Transport Corporation. The evidence by P.W.1, the injured claimant proves the negligence on the part of driver and no contrary evidence was adduced by the appellant/Transport Corporation. The learned trial Judge rightly appreciated the evidence of P.W.1 and fixed the negligence upon the driver of the appellant/Transport Corporation. Without any contrary evidence on the side of the appellant/Transport Corporation, to disprove the evidence of P.W.1, this Court has to agree with the finding of the learned trial judge.
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3,80,000/- (44 x 7,000/-) and also granted the amount covered under the original medical bills, which were marked as Ex.P.3 and Ex.P.4.
04.07.2025
NCC : Yes/No Index :Yes/No Internet:Yes/No dss
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To
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K.K.RAMAKRISHNAN, J.
dss
C.M.A.(MD).No.561 of 2025 and CMP(MD)No.9455 of 2025
04.07.2025
1 issue framed by the court
Whether the compensation awarded by the Tribunal for the motor accident injuries was in accordance with law?
2 provisions across 2 enactments
The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam Division Ltd.)
V.Ramar
Sezhiyan
K.K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
