IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.08.2023 CORAM:

The HONOURABLE MR.JUSTICE K.RAJASEKAR C.M.A.No.587 of 2014 The Branch Manager, Tamil Nadu State Transport corporation Limited, Periyar Milaguparai, Trichy-1. ... Appellant Vs.

Nallusamy ... Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 12.12.2012 made in MCOP.No.305 of 2011 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Perambalur.

For Appellants : M/s.J.Sivakumar

JUDGMENT

This Civil Appeal has been filed by the Transport Corporation challenging the award passed in MCOP.NO.305 of 2011 on the file of the Motor Accident Claims Tribunal ( Principal District Judge, Perambalur dated 12.12.2012 whereby Tribunal has awarded a sum of Rs.11,82,1926.68/- as compensation.

2. The parties are referred to hereunder according to status and ranking before the Tribunal.

3. The case of the Claimant is as follows:

On 04.05.2011 at about 11.00 am., when the claimant was proceeding near V.Periyapatti Kalathu Veedu branch road in TVS 50 XL, bearing Reg.NO.TN 45 AZ 7209, the bus bearing Registration No.TN 45 N 2176 came from east towards Tharagampatti, driven by its Driver in a rash and negligent manner in high speed and dashed against the claimant due to which he sustained multiple grievous injuries all over his body. A Criminal case case registered against the driver of the bus in Crime No.122/2011 under Section 279 and 337 of IPC. First aid to the injured was given at Manapparai Sindhuja Hospital and later he was admitted at Geethanjali Hospital, Tiruchirappali. The injured was aged about 54 years at the time of accident and was earning Rs.15,000/- pm., as Village Administrative Officer. Due to his injuries, he could not continue his avocation and unable to do his work as before. Hence, the injured has filed a claim petition seeking compensation for a sum of Rs.20,00,000/-.

4. State Transport Corporation has filed counter affidavit denying the age, occupation and monthly income of the injured. It is also further stated that the driver of the bus bearing Registration No. TN 45 N 2176, driven the bus in slow speed by following the traffic rules and regulations, at that time claimant was riding his TVS 50 XL bearing Reg.No.TN 45 AZ 7209 in a rash and negligent manner in high speed and on seeing the same, the driver of the bus applied brake and tried to avoid the collision, but the petitioner dashed against the bus in the front left side of the bus. The driver of the respondent corporation is no way responsible for the accident and the accident had taken place only due to the negligence on the part of petitioner alone, hence prays to dismiss the claim petition.

5. Before the Tribunal, on the side of claimant, P.W.1 to P.W.3 were examined and Exs.P.1 to P.10 were examined. On the side of respondent R.W.1 were examined and no document was filed.

6. The Claims Tribunal in Point No.1, on perusal of the oral and documentary evidence available on record has held that the accident had happened only due to rash and negligence of the part of the driver of the respondent. In Point No.2, the Tribunal has quantified the quantum of compensation and awarded a sum of Rs.11,82,926.68/-.

7. It is submitted by the learned counsel for the State Transport Corporation that the quantum of compensation awarded to the claimant herein is on the higher side and more particularly the disability assessed is on the higher side and the lumpsump amount granted under the head of disability has to be revised and contended that compensation awarded under various heads are also on higher side, hence prays to modify the award.

8. To prove the disability claimant has examined P.W.3 Dr.Sivaprasath who has issued the disability certificate. He has deposed before the Tribunal that based on the records found in Exs.P,.P.8 and also other connected records, the disability of the claimant was assessed at

47%. He has n