CMA No. 1334 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 1334 of 2025 1. SELLAMMAL W/o.Late Raju, No.588, Prem Nagar, VOC Nagar, Alampalayam, Tiruchengode Taluk, Namakkal District Now res at Kaveri R.S., Karattan Kaadu, Pallilpalayam Appellant(s) Vs 1. T.Venkatesan S/o.Thambirajan, NO.5/6, Devi Garden Kanagayan Nagar, 2nd Street, Kangeyam Road, Tiruppur-641604 2.United India Insurance Co. Ltd. Rep. by its Manager, 1170, Muthaiah Complex, Mettur Main Road, Erode 3.United India Insurance Co. Ltd. Rep. by its Manager, SRS Towers, Mettur Main Road, Bhavani Respondent(s) https://www.mhc.tn.gov.in/judis CMA No. 1334 of 2025 CMA No. 1334 of 2025 PRAYER To set aside the fair order dt. 28.02.2024 made in MCOP No.449/2015 on the file of the Motor Vehicle Accident Claims Tribunal, Subordinate Court, Bhavani, Erode District CMA No. 1334 of 2025 For Appellant(s): S.P.Yuaraj For Respondent(s): M/s. R. Rajesh For Rr2 and 3 R1 - Notice Dispensed With JUDGEMENT This Civil Miscellaneous appeal has been filed to set aside the fair order dt. 28.02.2024 made in MCOP No.449/2015 on the file of the Motor Vehicle Accident Claims Tribunal, Subordinate Court, Bhavani, Erode District(in short 'tribunal''. 2. On 03.02.2015, at about 02.30 hours when the claimant and his brother trying to entered into the TTS bus registration No. TN 39 BL 5115, the bus driver without noticing the claimants started the bus with negligent manner, due to which the claimant fell down and the bus back wheel ran over the leg of the claimant. Due to which, the claimant sustained grevious injuries. Thereafter, the https://www.mhc.tn.gov.in/judis CMA No. 1334 of 2025 claimant filed the petition before the tribunal claiming compensation. The respondent insurance company contested the case by filing counter. After considering the oral and documentary evidence, the tribunal dismissed the petitoion. 3. The learned counsel for the claimant submits that the without noticing the claimant get into the bus the driver of the bus has suddenly taken the bus due to which the claimant sustained grevious injuries, which was caused due to negligence of the driver and conductor of the bus. But the tribunal erroneously dismissed the petition by relying final report submitted by the police, wherein it is stated that she sustained injuries due to her own negligence. Hence, as tort feasor the claimant is not entitled to claim the compensation which is illegal. Hence, the prays to set aside the judgement passed by the tribunal. 4. The learned counsel for the respondent submits that as per the final report the accident was happened duly due to the negligence act of the claimant, which was rightly appreciated by the tribunal needs no interference. 5. Considering the submissions on either side, admittedly as per the FIR, when the deceased get into the bus, without noticing her, the conductor has https://www.mhc.tn.gov.in/judis CMA No. 1334 of 2025 given signal to the driver, in turn, he started the bus due to which the accident was happened. As per the final report, investigation reveals that she was attempted to claim the running bus due to which the accident was happened. On perusal of the entire records, it reveals that the accident was happened due to sudden moving of the bus and she fell down from the moving bus. There is a negligence on the part of the driver and conductor and also the claimant. Therefore, the tribunal ought to have fixed contributory negligence on the side of the claimant instead it dismissed the entire claim petition. Hence, the findings rendered by the tribunal is set aside. As discussed above, this Court is inclined to fix 20% negligence on the part of the claimant and 80% negligence on the side of the respondents. Accordingly, the claimant is entitled to compensation. The claimant sustained 30% disability and the accident was happened in the year 2015. Therefore, this Court is inclined to fix Rs.4,000/- per percentage. Accordingly, the claimant is entitled to Rs.1,20,000/-. Further, the claimant is an agriculturist. Hence, this Court is inclined to fix Rs.8,000/- as notional income of the claimant. Accordingly, the claimant is entitled to Rs.24,000/- under loss of income for three months. Further, the claimant produced medical https://www.mhc.tn.gov.in/judis CMA No. 1334 of 2025 bills for Rs.20,000/-. Accordingly, the claimant is entitled to Rs.20,000/- for medical bills. Further, the claimant has sustained grevious injuries. Hence, this Court fix Rs.25,000/- for pain and sufferings. Further, this Court fix Rs.5,000/- for transportation charges and Rs.10,000/- for loss of amenities. 6. In the light of the above discussions, this Court is inclined to fix the compensation as follows. S.No Head Compensation awarded by this Cour. 1. For disability Rs.1,20,000/- 2. Loss of income Rs.24,000/- 3. Medical Bills Rs.20,000/- 4. Pain and sufferings Rs.25,000/- 5. Transportation Rs.5,000/- 6. Loss of amenities Rs.10,000/- Total Rs..2,04,000/- 7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.2,04,000/-. The respondent Insurance Company is directed to deposit the said amount together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP No.449/2015 on the file of the Motor Vehicle Accident ClaimsTribunal, Subordinate Court, Bhavani, Erode District https://www.mhc.tn.gov.in/judis CMA No. 1334 of 2025 , within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal. 8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs. 01-07-2025 Pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CMA No. 1334 of 2025 CMA No. 1334 of 2025 To 1.T.Venkatesan S/o.Thambirajan, NO.5/6, Devi Garden Kanagayan Nagar, 2nd Street, Kangeyam Road, Tiruppur-641604 2.United India Insurance Co. Ltd. Rep. by its Manager, 1170, Muthaiah Complex, Mettur Main Road, Erode 3.United India Insurance Co. Ltd. Rep. by its Manager, SRS Towers, Mettur Main Road, Bhavani. 4. The Section Officer, V.R Section, High Court, Madras. 5. The Motor Vehicle Accident Claims Tribunal, Subordinate Court, Bhavani, Erode District https://www.mhc.tn.gov.in/judis CMA No. 1334 of 2025 T.V.THAMILSELVI J. CMA No. 1334 of 2025 01-07-2025 https://www.mhc.tn.gov.in/judis