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G. Annamalai v/s The Managing Director, Metropolitan Transport Corporation Ltd., Chennnai


Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- ANNAMALAI CORPORATION PRIVATE LIMITED [Liquidated] CIN = U91110TN1956PTC000180

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

    C.M.A. No. 3509 of 2019

    Decided On, 15 September 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Appellant: Revathy, R. Nalliyappan, Advocate. For the Respondent : Dr. S.S. Swaminathan, Advocate.



Judgment Text

( Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 12.10.2018 passed in M.C.O.P. No.352 of 2017 on the file of the learned IV Judge, Small Causes Court-cum-Motor Accidents Claims Tribunal, Chennai.)1. The judgment and decree dated 12.10.2018 passed in M.C.O.P. No.352 of 2017 by the learned IV Judge, Small Causes Court-cum- Motor Accidents Claims Tribunal, Chennai, is under challenge in the present Civil Miscellaneous Appeal.2. The claimant, who is the appellant herein, filed the present Civil Miscellaneous Appeal, seeking enhancement of compensation.3. The learned counsel appearing on behalf of the appellantclaimant contended that the Doctor assessed the disability at 45% and the Tribunal has taken only 25% and awarded a sum of Rs.3,000/- per percentage. Thus, the disability compensation granted by the Tribunal is on the lower side. This apart, the appellant-claimant sustained grievous injuries and had taken treatment for few months. Thus, the overall compensation granted by the Tribunal is less and therefore, the Civil Miscellaneous Appeal is filed by the appellant-claimant seeking enhancement of compensation.4. The Tribunal awarded a compensation of Rs.2,38,600/-.5. The learned counsel appearing on behalf of the respondent- Metropolitan Transport Corporation disputed the contentions of the learned counsel appearing on behalf of the appellant-claimant, by stating that the compensation granted by the Tribunal is reasonable. The Tribunal considered the nature of injuries sustained by the appellant-claimant and awarded a reasonable compensation and therefore, the Civil Miscellaneous Appeal is to be dismissed.6. The accident occurred on 14.12.2016 at about 06.15 hours, while the appellant-claimant was walking at Mount Poonamallee Road near DLF Company, from East to West direction, the MTC bus bearing Registration No.TN-01-N-4819, which came behind the appellant-claimant in a rash and negligent manner and dashed against the appellant-claimant and he sustained grievous injuries.7. The claim petition was filed by the appellant-claimant before the Tribunal.8. The Tribunal adjudicated the issues with reference to the documents and the evidences produced by the respective parties.9. The Tribunal arrived a conclusion based on the documents and the evidences that the accident occurred due to rash and negligent driving of the driver of the MTC bus.10. As far as the quantum of compensation is concerned, the disability assessment was made by the Doctor and not by the Medical Board. Therefore, it was made clear that the disability is not assessed by the Doctor. Under those circumstances, the Tribunal arrived a conclusion that 25% disability shall be taken for the purpose of quantifying the compensation. Thus, this Court is not inclined to interfere with the disability assessed by the Tribunal for the purpose of quantification of the compensation.11. Ex.P-1 A.R. copy and Discharge Summaries Exs.P-2 and P-3 reveal that the appellant-claimant had taken initial treatment in the Government Hospital. The appellant-claimant sustained fractures and had taken treatment. Undoubtedly, the injuries sustained by the appellantclaimant are grievous. However, this Court is of the considered opinion that the percentage of disability cannot be increased as the Tribunal has rightly come to a conclusion based on the nature of wounds as well as the treatment taken.12. The learned counsel for the appellant-claimant questioned the disability compensation by stating that only a sum of Rs.3,000/- per percentage is awarded. The accident occurred in the year 2016. This Court is of the opinion that at least a sum of Rs.4,000/- would have been fixed per percentage for disability, since the accident occurred in the year 2016. However, the Tribunal has not granted a sum of Rs.4,000/-, but granted compensation under various other heads, which all are on the higher side. For example, for pain and sufferings Rs.50,000/- is granted, for loss of amenities Rs.30,000/- is granted and for transportation Rs.20,000/- is granted.13. In view of the fact that the compensation has been granted under various other heads by the Tribunal, are on the higher side, by enhancing the disability compensation from Rs.3,000/- to Rs.4,000/- would not make as much difference and only by tinkering the compensation under various heads, no purpose would be served. In fac

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t, the overall compensation of Rs.2,38,600/- granted by the Tribunal is just and reasonable. Therefore, this Court is not inclined to interfere with the quantum of compensation awarded by the Tribunal.14. Accordingly, the judgment and decree dated 12.10.2018 passed in M.C.O.P. No.352 of 2017 by the learned IV Judge, Small Causes Court-cum-Motor Accidents Claims Tribunal, Chennai, stands confirmed and consequently, CMA No.3509 of 2019 is dismissed. However, there shall be no order as to costs.
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