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.2724 of 2006 & M.P.No.1 of 2006 The Managing Director Metropolitan Transport Corporation Limited Pallavan House Pallava Road Chennai - 2 ... Appellant/Respondent Versus K. Suresh ... Respondent/Petitioner Prayer:- This appeal is preferred against the Award and Decree dated 24.01.2006 made in M.C.O.P.No.364 of 2004 on the file of the 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 / Metropolitan Transport Corporation, against the award and decree dated 24.01.2006 made in M.C.O.P.No.364 of 2004 on the file of the 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, at around 04.30 p.m., the petitioner was returning to his house, on his motorcycle, bearing Registration No.TN-10-C-7913 and when he was nearing Porur, Retteri, the respondent's bus bearing Registration No.TN-21-N-3672 came at a high speed and in a rash and negligent manner and dashed against the motorcyclist. In the result, he had sustained grievous injuries. Hence, the claim petition has been filed against the respondent for a sum of Rs.1,00,000/- with interest. https://hcservices.ecourts.gov.in/hcservices/ 3. The respondent had filed a counter statement and resisted the claim petition. The respondent stated that when the bus was proceeding from the east to west direction on Poonamallee high road near Venkateswara Homeopathy College Hospital, the petitioner along with a pillion rider, rode his motorcycle in a reckless manner and dashed against the front side of the bus. As such the accident had occurred due to the reckless driving of the petitioner. The respondent denied the age, income and occupation of the claimant. 4. On pleading of both parties, the Tribunal had framed two issues for consideration, viz.,:- “1. Whether the accident had occurred due to the rash and negligent driving of the respondent? 2. Whether the claimant is entitled to receive compensation? If so, what is the quantum of compensation?” 5. On the side of the claimant, two witnesses were examined viz., P.W.1-claimant, P.W.2 Doctor Gopalan. The claimant marked five documents, viz., First Information Report, discharge summary, Medical bills, copy of the driving licence and disability certificate. On the side of the respondent, the driver was examined and no document was marked. 6. P.W.1, stated that he was proceeding on his motorcycle on 22.07.2004, at about 04.30 p.m., from T.Nagar to Poonamallee. When he was nearing Retteri, the respondent's bus coming from Karampakkam, in a rash and negligent manner, dashed against him. 7. The driver stated in his evidence that he had driven the bus from Poonamallee to Broadway. When the bus was nearing Porur Venkateswara College, the petitioner suddenly crossed the road and dashed his motorcycle against the bus. P.W.1, further stated that immediately after the accident, he was admitted at the Ramachandra Hospital, wherein he had undergone treatment as inpatient for two days. He further stated that he had sustained injuries on his right forearm, temporal-parietal region and other bodily injuries. Sutures had been conducted on the wounded regions. He had spent Rs.7,881/- towards medical expenses. He was earning Rs.4,500/-, working as Assistant at HDFC Bank, T.Nagar. 8. P.W.2, had adduced evidence stating that the claimant had sustained head injury and nerve injury. His left eye movements have been reduced and he has assessed the disability as 25%. 9. Considering the evidence of the parties, the Tribunal had awarded a sum of Rs.65,000/- with interest at the rate of 7.5% per annum. Aggrieved by the said award, the appellant has filed the https://hcservices.ecourts.gov.in/hcservices/ above appeal. 10. Learned counsel for the appellant argued that in the said accident, the claimant's vehicle had also been involved. As such, contributory negligence should be attributed for both the parties. The Doctor's assessment of disability at 25% is on the higher side. The claimant had undergone treatment for a period of 2 days only. The Tribunal had awarded a sum of Rs.25,000/- for pain and sufferings to the claimant, who had sustained only a simply injury. 11. On considering the facts and circumstances of the case, arguments advanced by the learned counsel for the appellant and on perusing the impugned award of the Tribunal, this Court is of the considered opinion that the claimant had sustained deep injuries on his head and sutures had been performed on his head. As such, his left eye movements have been minimized. The doctor had assessed the disability at 25%. The age of the claimant is 21 years only. Considering these facts, the Tribunal award has been fair and equitable. Therefore, this Court is not warranted to interfere with the impugned decision of the Tribunal. Hence, this Court confirms the award of the Tribunal. 12. It is open to the claimant to withdraw compensation with accrued interest thereon lying in the credit of M.C.O.P.No.364 of 2004, on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Fast Track Court No.IV, Poonamallee, after filing necessary payment out application in accordance with law, subject to withdrawals if any, made already. 13. In the result, the above Civil Miscellaneous Appeal is dismissed. Consequently, the Award and Decree dated 24.01.2006, made in M.C.O.P.No.364 of 2004, on the file of the Motor Accidents Claims Tribunal, Additional District and Sessions Judge, Fast Track Court No.IV, Poonamallee, is confirmed. There is no order as to costs. Consequently, connected Miscellaneous petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar smn https://hcservices.ecourts.gov.in/hcservices/ To 1. The Motor Accidents Claims Tribunal Additional District and Sessions Judge Fast Track Court No.IV, Poonamallee 2. The Section Officer, VR Section High Court, Madras C.M.A.NO.2724 OF 2006 MG {CO} TP/19.5.2011. https://hcservices.ecourts.gov.in/hcservices/