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2010 Supreme(Mad) 1203
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE. C.S. KARNAN
The Managing Director Tamil Nadu State Transport Corporation Division No. II, Dharmapuri
Versus
Muni Rathinam
C.M.A. No. 607 of 2007 & M.P. No. 1 of 2007
Decided On :24-03-2010
For the Appellant :B. Vijayalakshmi, Advocate.
For the Respondent:M. Selvam for P. Malliga, Advocates.
The court's decision was based on the assessment of responsibility for the accident and the determination of fair and equitable compensation for the claimant's injuries.
Headnote:
Motor Accident - Compensation - Sections 279 and 337 of I.P.C - [Sections 279, 337 of I.P.C] - The court awarded compensation to the claimant for injuries sustained in a motor accident. The court found the driver of the bus to be responsible for the accident and granted compensation for permanent disability, medical expenses, transport expenses, nutrition, and partial loss of income. The court scaled down the compensation amount from Rs.2,10,000 to Rs.1,60,000 based on the evidence presented.
Fact of the Case:
The claimant sustained injuries in a motor accident involving a bus and a motorcycle. The claimant sought compensation for the injuries sustained.
Finding of the Court:
The court found the driver of the bus to be responsible for the accident and awarded compensation to the claimant for injuries sustained.
Issues: The issues considered were the responsibility for the accident and the quantum of compensation the claimant was entitled to receive.
Ratio Decidendi: The court determined the responsibility for the accident based on the evidence presented and awarded compensation for the claimant's injuries.
Final Decision: The court modified the award and decree passed by the Motor Accident Claims Tribunal, scaling down the compensation amount from Rs.2,10,000 to Rs.1,60,000.
1. The above Civil Miscellaneous Appeal has been filed by the appellant/respondent against the Award and Decree, dated 23.09.2005, made in M.C.O.P.No.363 of 2003, on the file of the Motor Accident Claims Tribunal, Sub Court of Dharmapuri at Krishnagiri, awarding a compensation of Rs.2,10,000/-together with interest at the rate of 9% per annum from the date of filing the petition till the date of payment of compensation.
2. Aggrieved by the said Award and Decree, the appellant/respondent, the Managing Director, Tamil Nadu State Transport Corporation Division No.II, Dharmapuri has filed the above appeal praying to set aside the award and decree passed by the Tribunal.
3. The short facts of the case are as follows:
On 28.09.2002, at about 19.00 hours, the petitioner was proceeding on a TVS50 motorcycle on the Kadathur main road, opposite to Dr.Ramanathan Clinic. At that time, the respondents Corporation bus bearing registration No.TN29 N 1113 was proceeding towards Dharmapuri on the Dharmapuri to Kadathur road. The driver of the bus had driven the bus in a rash and negligent manner and dashed against the petitioner. As a result of this, the petitioner fell on the floor and sustained fracture on his right knee, discolation of right hip joint and other injuries. Immediately after the said accident, the petitioner was rushed to Dharmapuri Government Hospital for treatment. From there, he was referred to St.Johns Medical College, Hospital, Bangalore for better treatment.
4. At the time of the said accident, the petitioner was an agriculturist, milk vendor and having a poultry farm. As such, he was earning a sum of Rs.5,000/- per month. After the said accident, he is unable to perform his duty as he used to do prior to the said accident. The said accident case was registered by the Kadathur Police Station in Crime No.402/2002 under Sections 279 and 337 of I.P.C. Further, the petitioner submitted that the accident had happened only due to the rash and negligent driving of the driver of the bus. Hence, the respondent Corporation is liable to pay compensation of Rs.2,50,000/- to the claimant with interest at the rate of 12% per annum.
5. The respondent has filed a counter statement and denied the allegations made in the claim petition. The respondent categorically admitted that the accident took place on 28.09.2002 at 19.00 hours at Kadathur, opposite to one Dr.Ramanathan Clinic, in Kadathur to Dharmapuri road. But, the accident did not happen as alleged in the petition. On 28.09.2002, the driver of the bus was driving the bus cautiously and observing all the rules of the road and keeping to the extreme left side of the road. But, the petitioner proceeded in TVS50 motorcycle in the opposite direction, at a high speed in a rash and negligent manner and dashed against the bus. As such, the accident had happened. The respondent further submitted that due to the rash and negligent driving of the claimant the accident had happened. Considering the said accident, the claimant has contributed in the said accident as he had been negligent. Since two vehicles were involved in the said accident. The owner of the motorcycle and the insurer are necessary parties. But, they were not added as parties. Hence, this claim petition is not maintainable. The respondent further submitted that the petitioner has to prove his age, income and occupation and the claim amount of Rs.2,50,000/-with 12% interest per annum is excessive. Hence, the respondent prayed to dismiss the claim petition with costs.
6. The Motor Accident Claims Tribunal framed two issues for the consideration namely:
(i) Who is responsible for the accident?
(ii) What is the quantum of compensation, which the petitioner is entitled to get?
7. On the petitioners side two witnesses were examined as PW1 and PW2 and eight documents were marked as Exs.P1 to P8 namely Ex.P1-copy of the FIR; Ex.P2-copy of the Wound Certificate; Ex.P3-Wound Certificate; Ex.P4-Medical Bills; Ex.P5-Taxi
