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Lakshmi & Another v/s The Tamil Nadu Transport Corporation Limited, Madurai Division, Represented by its Managing Director, Tirunelveli & Another


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:- LAKSHMI TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200TZ1984PTC001378

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 B T MADURAI PRIVATE LIMITED [Active] CIN = U50102TZ2002PTC010086

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:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

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

Company & Directors' Information:- LAKSHMI CORPORATION LIMITED [Dissolved] CIN = U99999MH1942PTC003739

    C.M.A(MD). Nos. 1093 of 2007 & 666 of 2014

    Decided On, 10 November 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE K. KALYANASUNDARAM

    For the Appearing Parties: T. Selvakumaran, M. Prakash, Advocates.



Judgment Text

(Prayer: in C.M.A(MD)No.1093 of 2007: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, against the judgment and Decree made in M.C.O.P.No.275 of 2004, dated 31.10.2006, on the file of the Motor Accident Claims Tribunal(Ist Additional Sub-Judge), Tirunelveli.C.M.A(MD)No.666 of 2014: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, against the judgment and Decree made in M.C.O.P.No.275 of 2004, dated 31.10.2006, on the file of the Motor Accident Claims Tribunal(Ist Additional Sub-Court), Tirunelveli.)Common Judgment:1. These Civil Miscellaneous Appeals have been preferred against the award passed by the Motor Accident Claims Tribunal(Ist Additional Sub-Court), Tirunelveli in M.C.O.P.No.275 of 2004.The appeal in C.M.A(MD)No.1073 of 2007 is filed by the claimant, while, the appeal in C.M.A(MD)No.666 of 2014 is filed by the Transport Corporation. Since both the appeals arise out of the same order, they are disposed of by this common judgment.2. It is the case of the claimant that on 22.02.2004 she travelled as a passenger in the bus belonging to the Transport Corporation bearing Registration No. TN 32 N 1239 from Valliyoor to Tirunelveli and when the bus was proceeding near Nanguneri by by-.pass road, it hit against the tourist van bearing Registration No.WUV 41 7285 and in that accident, she suffered grievious injuries and fracture. In this regard, a criminal case was also registered by the Nanguneri Police in Crime No.64 of 2004.3. The claim petition was resisted by the Transport Corporation mainly contending that the driver of the tourist van was responsible for the accident and hence, they are not liable to pay compensation, besides disputing the other averments regarding the nature of injuries sustained by the claimant, her avocation and the quantum sought for in the claim petition.4. During trial, on behalf of the claimant, two witnesses were examined and Ex.P1 to Ex.P17 were marked. On the side of the transport Corporation, one Thirumurugan was examined as R.W.1 and Ex.R1 was marked. Upon considering both the oral as well as the documentary evidence, the Tribunal came to the conclusion that the driver of the transport Corporation was responsible for the accident and awarded a total compensation of Rs.27,703/- to the claimant together with interest at the rate of 9% p.a. Assailing the said order, these appeals are before this Court as stated supra.5. Mr.T.Selvakumaran, learned counsel appearing for the claimant would argue that the claimant was a lady, aged about 56 years old at the time of accident. Even though she was able to produce evidence to show that she suffers 30% disability, but the Tribunal has not awarded just compensation and she prays for enhancement of compensation.6. Per contra, Mr.M.Prakash, learned counsel appearing for the Transport Corporation would vehemently oppose the prayer of the claimant, contending that the finding on negligence is contrary to the view taken by the Tribunal in M.C.O.P.No.81 of 2004, in which, both the drivers were found equally responsible for the accident. It is further contended that P.W.1-injured claimant herself has given evidence against the driver of the tourist van, but the owner of the vehicle and the Insurance Company has not been made as parties in the claim petition. It is also contended that the award is excessive and it has to be reduced.7. Perusal of the evidence of P.W.1, would reveal that in the cross examination, she categorically stated that the tourist bus proceeded slowly, but FIR was registered against its driver. However, after investigation, final report was laid against the driver of the Transport Corporation. After perusing the charge sheet-Ex.P2, Report of the Motor Vehicle Inspector-Ex.P3 and the Observation Mahazar-Ex.P5 and the oral evidence of P.W.1, it has been held that the driver of the bus caused the accident. Therefore, this Court is not impressed with the contention of the learned counsel for the Transport Corporation.8. Insofar as the quantum is concerned, the Tribunal awarded a sum of Rs.500/- towards transport expenses and a sum of Rs.2500 for extra nourishment and another sum of Rs.7203/- towards medical expenses, which in the considered opinion of this Court seems to be reasonable and fair and the amount awarded under the above heads stand confirmed. Further the Tribunal has awarded a sum of Rs.5000/- towards simple injury and Rs.10,000/- for the grievous injury. This Court, on consideration of the evidence of P.w.2/Dr.Ramaguru and Ex.P16-X-ray, Ex.P17-Wound Certificate, thought it appropriate to award compensation of Rs.30,000/- for the disability suffered by her. Further the Tribunal has awarded a sum of Rs.2500/- towards pain and suffering, which is enhanced to Rs.5000/-. The total amount comes to Rs.45,203/-, which is rounded off to Rs.45,000/-.The interest at the rate of 9% p.a., awarded by the Tribunal is reduced to 7.5% p.a.9. Accordingly, the appeal in C.M.A(MD)No.666 of 2014 filed by the Transport Corporation is dismiss

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ed and the appeal in C.M.A(MD)No.1093 of 2007 filed by the claimant is partly allowed, as indicated above. The Transport Corporation is directed to deposit the entire award amount with accrued interest and costs, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the entire award amount, less the amount already withdrawn, if any, together with accrued interest and costs,by filing necessary application before the Tribunal. No costs.
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