The Managing Director vs M.Sumathi
2021 Latest Caselaw 10154 Mad

                                                                          C.M.A.No.3919 of 2019

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED: 21.04.2021

                                                  CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                         C.M.A.No.3919 of 2019 and
                                           C.M.P.No.934 of 2021

                 The Managing Director,
                 Metropolitan Transport Corporation (Chennai),
                 Anna Salai,
                 Chennai – 600 002.                                       ... Appellant

                                                        Vs.

                 1.M.Sumathi
                 2.D.Munirathinam                                         ... Respondents

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree dated 09.02.2018
                 made in M.C.O.P.No.120 of 2017, on the file of the Motor Accidents
                 Claims Tribunal - I, Learned Special District Judge, Tiruvallur.

                                       For Appellant      : Mr.S.S.Swaminathan
                                       For Respondent     : Mr.Karthikeyan


                                                JUDGMENT

The appellant is aggrieved by the impugned Judgment and decree

dated 09.02.2018 passed by the Motor Accidents Claims Tribunal - I,

Learned Special District Judge, Tiruvallur.

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2.The appellant/State Transport Corporation is the appellant in this

appeal and is aggreived by the impugned judgment and decree dated

09.02.2018 passed by the Motor Accidents Claims Tribunal - I, Learned

Special District Judge, Tiruvallur in M.C.O.P.No. 120 of 2017. By the

impugned Judgment and decree, the Tribunal has awarded a sum of

Rs.10,04,000/- as detailed below:

Monthly Income of the Rs. 8,000/- deceased for calculating pecuniary loss Since the deceased was a Rs. 4,000/- bachelor 50% deducted to be made his income after deducting amount towards his personal expenses his take home pay comes to Pecuniary loss is calculated Rs.8,64,000/-

as Rs.4,000 X 12 X 18

3.The impugned judgment and decree passed by the Tribunal is

sought to be assailed on the ground that there is no direct evidence to

establish that the driver of the vehicle belonging to the 1 st respondent

was involved in the accident. It is further submitted that though it is

alleged that the accident had taken place at 05.15 pm, the driver and the

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conductor of bus were examined. They had completed the days trip and

there was nothing noticed against them. It is submitted that a false

complaint was filed against them by the father of the deceased.

4.Further, grievance of the appellant is that P.W.2 would not have

been eye witness and therefore the Tribunal heard in awarding

compensation on behalf of the respondent/claimant.

5.The learned counsel for the appellant submitted that the

impugned judgment and decree of the Tribunal is well-reasoned and

requires no interference.

6.I have considered the arguments advanced by the learned

counsel for the appellant and the 1st respondent.

7.In my view, the Tribunal has come to a fair conclusion based on

the evidence on record. Not only the FIR in Ex.P.1 but also the

deposition of P.W.2 confirm that the driver of the appellant. The driver

drove the bus in rash and negligent manner resulting in the death of the

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deceased. Exhibit P1 FIR was also been lodged on the same date of the

accident.

8.It is further noticed that in Ex.R1, the driver of the vehicle had

also accepted that he was responsible before the accident.

9.In view of the same, I do not find any merits in the present

appeal filed by the appellant/State Transport Corporation.

10.The appellant/Insurance Company is directed to deposit the

amount of compensation of Rs. 10,04,000/-, awarded by the Tribunal,

together with interest at 7.5% per annum from the date of the claim

petition till the date of such deposit, less any amount already deposited

by it, within a period of six weeks from the date of receipt of the copy of

this judgment.

11.On such deposit being made by the appellant/Insurance

Company, the respondents/claimants are permitted to withdraw their

respective shares in the same proportion as was ordered by the Tribunal,

together with interest accrued thereon, less the amount already

withdrawn if any, by filing suitable application before the Tribunal.

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12.Accordingly, this Civil Miscellaneous Appeal is dismissed. No

costs. Consequently, connected Miscellaneous Petition is closed.

21.04.2021 jas Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To:

1.The Branch Manager, National Insurance Company Ltd, Branch Office, 1st Floor, Karthikeyan Complex, 430,B-10 Mettur Main Road, Bhavani, Erode – 638 302.

2.The Motor Accidents Claims Tribunal, Learned Sub-Judge, Sangari.

3.The V.R.Section, Madras High Court, Madras.

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C.SARAVANAN, J.

jas

C.M.A.No.3919 of 2019 and C.M.P.No.934 of 2021

21.04.2021

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