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2018 Supreme(Mad) 649
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, P.D. AUDIKESAVALU, JJ.
Tamilnadu State Express Transport Corporation - Appellant
Versus
A. Dheelipan Chakkaravarthy & Another - Respondents
C.M.A. No. 3293 of 2014 & M.P. No. 1 of 2014
Decided On : 09-02-2018
For the Appellant :Antony Arockiaraja, Advocate.
For the Respondents:D.R. Arunkumar, Advocate.
The main legal point established is the liability of the driver for negligence leading to the accident and the computation of compensation for loss of income due to disability.
Headnote:
Motor Accidents - Compensation - 147, 168, 171 of the Motor Vehicles Act, 1988 - The court discussed the negligence of the driver, loss of income due to disability, and the computation of compensation under various heads. The court upheld the compensation awarded by the Tribunal.
Fact of the Case:
The claimant was injured in a bus accident and sought compensation for severe injuries resulting in amputation of his leg and loss of employment. The Transport Corporation contested the claim, arguing that the accident was due to a collision with another vehicle.
Finding of the Court:
The court found that the negligence was entirely on the driver of the Transport Corporation, leading to the accident and the claimant's injuries. The court upheld the compensation awarded by the Tribunal, dismissing the appeal.
Issues: The issues involved the negligence of the driver, loss of income due to disability, and the computation of compensation.
Ratio Decidendi: The court relied on the evidence provided by a colleague of the claimant, which supported the claimant's inability to continue employment due to the accident. The court also considered the computation of compensation under various heads and upheld the Tribunal's decision.
Final Decision: The court dismissed the appeal and upheld the compensation awarded by the Tribunal. The Transport Corporation was directed to deposit the balance award amount along with interest and costs.
R. Subbiah, J.
1. Challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal (II Additional District Judge), Tirupur, in and by award dated 18.08.2014, in MCOP No. 443 of 2013, the present appeal has been filed by the Transport Corporation.
2. The injured/1st respondent is the claimant before the Tribunal.
3. It is the case of the claimant before the Tribunal that on 26.01.2013, when he was travelling as a passenger in the bus belonging to the appellant Transport Corporation bearing Registration No. TN-01-AN-0409, the said bus was driven in a rash and negligent manner without adhering to the traffic rules and regulations thereby resulting in an accident. In the said accident, the 1st respondent/claimant was thrown away and thereby he sustained severe grievous injuries, particularly, head injury, crush injury left foot & ankle, circumferential lacerated wound mid foot exposing tendons and bones, injury to posterior tibial vessels, multiple fracture, dislocation of metatarsal bones, fracture of distal tibia (L), which ended up in amputation of left leg below knee amputation, fracture of nasal bones & frontal process of right maxilla. At the time of accident, the victim was working as a Lecturer in Dhanalakshmi Srinivasan College of Engineering, Coimbatore and earning a sum of Rs.17,000/- per month as salary. Since his left leg was amputated, he was not in a position to continue his employment. Hence, he filed the claim petition seeking compensation of Rs. 40 lakhs.
4. The case of the claimant was resisted by the Transport Corporation by taking a defence that the accident was, as a result of collision between two vehicles, namely, the Transport Corporation bus bearing Registration No. TN-01-AN-0409 and a car bearing Registration No.TN-37-V-6592. But, neither the owner of the car nor the insurer of the said vehicle were impleaded as parties. Therefore, the entire liability cannot be fixed on the appellant Transport Corporation and hence, sought for dismissal of the claim petition.
5. In order to prove the claim, on the side of the claimant, the claimant examined himself as P.W.1 besides examining P.W.s 2 and 3 and marking EXs-P1 to P11. On the side of the Transport Corporation, the driver of the bus was examined as R.W.1, but no documents were marked on their side. The Tribunal, negativing the defence put forth by the appellant Transport Corporation, fixed the negligence entirely on the driver of the appellant Transport Corporation for the cause of the accident and passed an award for a sum of Rs. 34,64,230/-, which is the subject matter of challenge in this appeal.
6. Since the present appeal has been filed questioning only the quantum of compensation awarded, there is no need for this Court to traverse into other aspects of the award.
7. In assailing the quantum of compensation, it is the submission of the learned counsel for the appellant that the Tribunal has awarded an exorbitant sum of Rs.26,43,860/- under the head “Loss of Income”. According to the learned counsel for the appellant, absolutely, there is no evidence to show that on account of amputation of leg, consequent to the accident, the claimant was not in a position to continue his avocation as a Lecturer. Hence, in the absence of any positive evidence in regard thereto, the Tribunal ought not to have applied multiplier method and awarded an excessive sum towards “Loss of Income”. Further, it is his submission that the Tribunal could have awarded for 60% disability sustained by the claimant, a sum of Rs.2000/- for each percentage of disability.
8. Per contra, learned counsel for the claimant would support the award passed by the Tribunal.
9. Keeping the submissions of the learned counsel on either side, we have carefully gone through the materials on record.
10. It is the first and foremost contention of the learned counsel for the appellant that when there is no convincing material produced to show that on account of the disability sustain
