IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.3.2009 Coram THE HON'BLE MR. JUSTICE R.SUDHAKAR Civil Miscellaneous Appeal No.766 of 2009 and M.P.No.1 of 2009 Tamil Nadu State Transport Corporation Ltd., Division-I, Mettupalayam Road, Coimbatore. ..Appellant/2nd Respondent vs. 1.V.S.Nagaraj, 2.Swamy alias Sivasubramaniyam ..Respondents/Petitioner and 1st respondent Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 12.3.2007 passed in M.C.O.P.No.1114 of 2006 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge), Coimbatore. For Appellant : Mr.V.Ramesh For 1st Respondent : Mr.D.Krishnakumar JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 12.3.2007 passed in M.C.O.P.No.1114 of 2006 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge), Coimbatore. 2. It is a case of damage to property. The brief facts of the case are as follows:- The accident in this case happened on 30.7.2002 at 6.45 hours. The claimant is the owner of the house situate at Door No.1/120, Makaliamman Koil Street, Vellimalaipattinum, Narasipuram, Coimbatore-109. The claimant's wife was washing vessels in the house. At that time, the a ppellant transport corporation bus driven in a rash and negligent manner by its driver rammed into the house of the claimant. In that accident, the electric fittings, roofing, the vessels and other house-hold articles were damaged. Claimant's wife also sustained severe https://hcservices.ecourts.gov.in/hcservices/ injuries. The owner of the house filed a claim for compensation in a sum of Rs.1,41,500/- as damage. 3. In support of the claim, the claimant was examined as P.W.1. Exs.A-1 to A-10 were marked, the details of which are as follows:- Ex.A-1 is the copy of FIR dated 30.7.2002, Ex.A-2 is the copy of charge sheet dated 23.12.2002, Ex.A-3 is the copy of accident register, Ex.A-4 is the copy of Motor Vehicle Inspector's Inspection Report dated 31.7.2002, Ex.A-5 is the copy of rough sketch dated 30.7.2002, Exs.A-6 to A-A-9 are the photos and negatives of the damaged house, Ex.A-10 is the house tax receipt in the name of the claimant dated 18.1.2006. The driver of the of the appellant transport corporation bus was examined as R.W.1. No document was marked on behalf of the appellant transport corporation, the second respondent before the Tribunal. 4. Based on the F.I.R. Ex.A-1; charge sheet Ex.A-2, Accident Register extract Ex.A-3; Motor Vehicle Inspector's Inspection Report Ex.A-4, rough sketch Ex.A-5 coupled with the testimony of the P.W.1, the the owner of the house, the Tribunal came to the conclusion that the accident happened due to rash and negligent driving by the driver of the appellant transport corporation bus. Therefore, the finding of negligence on the part of the driver of the appellant transport corporation bus and the liability fixed on the appellant transport corporation stands confirmed in view of the overwhelming documentary evidence let in on behalf of the claimant. The serious contention raised by the learned counsel for the appellant is on the quantum of compensation. 5. The Tribunal in this case considering the undisputed documentary evidence (i.e.) photos and negatives Exs.A-6 to A-9 and also the oral evidence of the house owner P.W.1, granted a lump sum compensation in a sum of Rs.50,000/- as against Rs.1,00,000/- claimed towards cost of repairing the damaged house. Appellant's counsel is at loss to explain as to how the said compensation is excessive. In this case, no amount was granted towards mental agony caused to the house owner for the damage caused to the house in the accident. The claimant will have to be compensated for alternative https://hcservices.ecourts.gov.in/hcservices/ accommodation and other incidental expenses till the house is fully restored. Therefore, this court is unable to find any good reason to reduce the compensation as also the interest granted at 7.5% as the accident in this case happened in the year 2002 and the award is of the year 2007. 6. In this case an untenable ground is taken stating that the claimant, the house owner had contributed to the accident. The irresponsible and irrelevant ground taken without application of mind is depreciated. 7. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks for eight weeks' time to deposit the award amount and is granted and on such deposit, the claimant is permitted to withdraw the same. Consequently, connected miscellaneous petition is closed. sd/- Asst.Registrar /true copy/ Sub Asst.Registrar ts To The Principal Subordinate Judge, (The Motor Accidents Claims Tribunal), Coimbatore. + 1 c.c. to Mr. V. Ramesh, Advocate. S.R.No.11332. + 1 c.c. to Mr. D. Krishna Kumar, Advocate. S.R.No.10623. Judgment in C.M.A.No.766 of 2009 CK (CO) GSK 16.04.2009. https://hcservices.ecourts.gov.in/hcservices/