IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 11.01.2011 CORAM: THE HON'BLE MR.JUSTICE C.S.KARNAN CIVIL MISCELLANEOUS APPEAL NO.2621 OF 2006 & M.P.No.1 of 2006 The Managing Director, Metropolitan Transport Corporation Limited, Pallavan House, Pallava Road, Chennai – 2 ... Appellant Versus Premanand ... Respondent Prayer: This appeal is preferred against the judgment and decree dated 24.01.2006 made in M.C.O.P.No.365 of 2004, on the file of Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Fast Track Court No.IV, Poonamallee. For Appellant : Mr.K.Nagarajan For Respondent : No Appearance - - - J U D G M E N T The above appeal has been filed by the appellant / Transport Corporation Limited, against the award and decree dated 24.01.2006 made in M.C.O.P.No.365 of 2004, on the file of Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Fast Track Court No.IV, Poonamallee. 2.The short facts of the case are as follows: On 22.07.2004, the petitioner was travelling as pillion rider on a motorcycle bearing Registration No.TN 10 C 7913 from T.Nagar to Poonamallee, when the motorcycle was nearing Retteri at around 4.30 p.m., when at that time the respondent bus bearing Registration No.TN 01 N 3672 had been driven by its driver in a rash and negligent manner and dashed against the motorcyclist. In the result, the petitioner had sustained grievous injuries, hence the https://hcservices.ecourts.gov.in/hcservices/ claim petition has been filed against the respondent for compensation i.e., a sum of Rs.2,00,000/- with interest. 3.The respondent had filed a counter statement that the bus was proceeding from Poonamallee to Broadway and when it was nearing Venkateswara Homeopathy College Hospital, when at that time, a motorcycle bearing Registration No.TN 10 C 7913, driven by its rider at high speed from Karappakkam and dashed with the front side of the bus, in the result both travelling on the motorcycle had sustained injuries. Immediately, they were admitted to the Ramachandra Hospital. The respondent further stated that the accident had been committed by the rider of the motorcycle. As such, insured and insurer are necessary parties in the said case, but they have not been added as the necessary parties. Age, income and occupation of the claimant are denied by the respondent. The claim amount is excessive. 4.On the pleadings of both parties, the Tribunal had framed three issues for consideration, namely; “(i)Whether the accident was due to the rash and negligent driving of the respondent? (ii)Whether the petitioner is entitled to any claim? (iii)If so, how much?” 5.On the side of the claimant two witnesses had been examined, viz., claimant and Doctor. Six documents were marked, viz., First Information Report, Discharge of Medical Summary, Medical bills series, Disability Certificate and X-ray etc., On the side of the respondent one Narayanaswamy was examined as RW1 and no documents were marked . 6.PW1 had stated that on 22.07.2004 at around 4.30 p.m., he had been travelling as a pillion rider along with his friend on a motorcycle and who was the rider, when the motorcycle was nearing Karappakkam towards Poonamallee, when at that point of time the respondent bus dashed against the motorcycle. RW1 had adduced evidence that he was the driver of the bus and when the bus was proceeding to Poonamallee to Broadway and when it was nearing Porur Venkateswara College, when at that time, the motorcyclist suddenly crossed the road and dashed against the front side of the bus, as such the accident had occurred. 7.PW1 further stated that he had sustained bone fracture injuries on his lower jaw and he had undergone treatment at Ramachandra Hospital for five days, besides he had also sustained injuries on his right wrist, left side chin and abrasions over the left eyebrow. After the accident he is unable to open his mouth in https://hcservices.ecourts.gov.in/hcservices/ the normal way and unable to bite and chew his food. He further stated that he was 19 years and had been studying in an Engineering College, but after the accident he is unable to concentrate on his studies. 8.On considering the evidences of the witnesses and on perusing the documentary evidence, the Tribunal had awarded the compensation under the heads:- Rs.25,000/- towards pain and suffering; Rs.35,000/- against disability; Rs.5,000/- for medical expenses; Rs,1,500/- towards nutrition; Rs.500/- for transport charges; In total, the Tribunal awarded a sum of Rs.67,000/- with interest at the rate of 7.5% per annum. 9.Aggrieved by the said award, the appellant has filed the above appeal. 10.The learned counsel for the appellant emphatically argued that the rider of the motorcycle had dashed against the bus, as such, the owner of the motorcycle and his insurance Company are necessary parties, but they have not been impleaded as necessary parties. The learned counsel further argued that the claimant had sustained simple injuries, but the Tribunal had awarded a sum of Rs.25,000/- for pain and suffering and Rs.35,000/- against disability, which are on the higher side. 11.On considering the facts and circumstances of the case, arguments advanced by the learned counsel for the appellant, this Court is of the considered opinion that the claimant's mouth is not opening normally and unable to chew his food due to the fracture on his lower-jaw, the claimant's age was 19 years old and a college going boy at the time of the accident and his face has lost its value. Hence, this Court is not warranted to interfere with the quantum of compensation, which is fair and equitable. Therefore, the order of the learned Tribunal is confirmed. 12.On 16.10.2006, this Court imposed a condition on the appellant / Transport Corporation, to deposit the entire compensation amount together with interest and cost to the credit of M.C.O.P.No.365 of 2004 on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Fast Track Court No.IV, Poonamallee. Now, it is open to the claimant to withdraw the compensation amount with accrued interest thereon lying in the credit of M.C.O.P.No.365 of 2004 on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Fast Track Court https://hcservices.ecourts.gov.in/hcservices/ No.IV, Poonamallee, after filing necessary payment out of application in accordance with law, subject to withdrawals if any made already. 13.In the result, the Civil Miscellaneous appeal is dismissed. Consequently, the award and decree, passed by the Motor Accident Claims Tribunal, Additional District and Sessions Judge, Fast Track Court No.IV, Poonamallee, made in M.C.O.P.No.365 of 2004, dated 24.01.2006 is confirmed. There is no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar r n s. To The Additional District and Sessions Judge, Motor Accidents Claims Tribunal, Fast Track Court No.IV, Poonamallee Copy to: The Section Officer, V.R.Section, High Court, Madras C.M.A.NO. 2621 OF 2006 KSJ(CO) SRA (10/05/2011) https://hcservices.ecourts.gov.in/hcservices/