Madras High Court
The Managing Director vs Minor Saranya on 21 April, 2021
C.M.A.Nos.3784 to 3786 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.M.A.Nos.3784 to 3786 of 2008 and
MP.No.1 of 2008
CMA.No.3784 of 2008
The Managing Director,
The Tamilnadu State Express Transport
Corporation Ltd., Chennai-2 ... Appellant
Versus
1.Minor Saranya
2.Minor Rukkumani
Minors are rep by their
Grandmother ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the award made in MCOP.No.416 of 2005 dated
30.11.2006 on the file of the Motor Vehicles Accident Claims Tribunal and
Sub Court at Gingee.
CMA.No.3785 of 2008
The Managing Director,
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.3784 to 3786 of 2008
The Tamilnadu State Express Transport
Corporation Ltd., Chennai-2 ... Appellant
Versus
1.R.Thulasi
2.Renuka
3.Hariraman
4.Miniyammal
5.Minor Saranya
6.Minor Rukkumani
Minors are rep by their
Grandmother ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the award made in MCOP.No.417 of 2005 dated
30.11.2006 on the file of the Motor Vehicles Accident Claims Tribunal and
Sub Court at Gingee.
CMA.No.3786 of 2008
The Managing Director,
The Tamilnadu State Express Transport
Corporation Ltd., Chennai-2 ... Appellant
Versus
1.R.Thulasi
2.Renuka
3.Minor Saranya
4.Minor Rukkumani
Minors are rep by their
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.3784 to 3786 of 2008
Grandmother ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, against the award made in MCOP.No.141 of 2005 dated
30.11.2006 on the file of the Motor Vehicles Accident Claims Tribunal and
Sub Court at Gingee.
For Appellant
in all CMA's : Mr.V.S.Vasantha Kumar
For Respondents
in all CMA's : No Appearance
COMMON JUDGMENT
These appeals have been laid as against the award made in
MCOP.Nos.416, 417 & 141 of 2005 dated 30.11.2006 on the file of the
Motor Vehicles Accident Claims Tribunal and Sub Court at Gingee.
2. For the sake of convenience, the parties are referred to
hereunder according to their litigative status before the Tribunal.
3. The case of the claimants is that on 06.06.2004 at about 8.30
p.m., when the claimants and the deceased were travelling in a motor cycle,
the bus owned by the respondent driven by its driver driving in a rash and
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C.M.A.Nos.3784 to 3786 of 2008
negligent manner hit the motor cycle. Therefore, the deceased persons
sustained grievous injuries and died. The legal heirs of the deceased
Saravanan, the legal heirs of the deceased Chinnaponnu @ Anjalakshi and
the legal heirs of the deceased minor Radha filed separate claim petitions.
4. Resisting the same, the respondent filed counter stating that
only because of rash and negligent driving of the deceased, the accident
took place and as such the respondent is not liable to pay any compensation
as claimed by the claimants and sought for dismissal of the claim petitions.
5. On the side of the claimants, they examined P.W.1 to P.W.3 and
marked Ex.P.1 to Ex.P.4. On the side of the respondent, examined R.W.1
and no documentary evidence was let in. On the basis of the evidence
available on records and also considering the submission made by the
learned counsel appearing on either side, the Tribunal awarded
Rs.2,70,000/- in MCOP.No.416 of 2005, Rs.8,56,000/- in MCOP.No.417 of
2005 and Rs.9,71,000/- in MCOP.No.141 of 2006. Aggrieved by the
quantum of the compensation awarded by the Tribunal, the respondent came
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C.M.A.Nos.3784 to 3786 of 2008
forward with the present appeals.
6. The learned counsel appearing for the appellant submits that
the Tribunal failed to consider that the accident was not happened due to the
rash and negligent driving of the respondent. Only on the rash and negligent
driving of the deceased driver of the two wheeler, the accident took place
and as such the respondent is not liable to pay compensation. Further, the
Tribunal erroneously applied multiplier method at 15 and also fixed
monthly salary of Rs.15,000/- of the first deceased and awarded
compensation.
7. Heard Mr.V.S.Vasantha Kumar, learned counsel appearing for
the appellant. Though notice was served, no one appeared on behalf of the
respondents before this Court in person or through pleader.
8. The husband, wife and daughter were traveling in a two
wheeler on 06.06.2004 and the respondent bus was driven by its driver in a
rash and negligent manner and hit the two wheeler, due to which all the
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C.M.A.Nos.3784 to 3786 of 2008
persons who travelled in the motorcyle sustained grievous injuries and died.
There are three claim petitions filed for each of the deceased by their
respective legal heirs. The first deceased was doing mason job and aged
only about 23 years at the time of accident. The second deceased aged about
21 years and she was a tailor. Insofar as the third deceased, she was minor
and aged about only 3 years. Considering their age and income, the Tribunal
rightly awarded compensation for Rs.2,70,000/-, Rs.8,56,000/- and
Rs.9,71,000/- respectively. Therefore, this Court finds no infirmity or
illegality in the orders passed by the court below.
9. Accordingly, all the civil miscellaneous appeals are dismissed.
Consequently, connected Miscellaneous Petition is closed. No Costs.
(i) In respect of CMA.No.3784 of 2008, the appellant /
insurance company is directed to deposit the total compensation of
Rs.2,70,000/- with accrued interest and costs as determined at by the
Tribunal, within a period of six weeks from the date of receipt of a copy of
this judgment, after adjusting the amount, if any, already deposited. The
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C.M.A.Nos.3784 to 3786 of 2008
claimants / respondents herein being minors, their shares are directed to be
deposited in any one of the nationalized bank till they attain majority. The
grand mother of the minor respondents herein is permitted to withdraw the
accrued interest once in three months.
(ii) In respect of CMA.No.3785 of 2008, the appellant /
insurance company is directed to deposit the total compensation of
Rs.8,56,000/- with accrued interest and costs as determined at by the
Tribunal, within a period of six weeks from the date of receipt of a copy of
this judgment, after adjusting the amount, if any, already deposited. On
such deposit, the claimants / respondents 1 to 4 herein are permitted to
withdraw the amount awarded as apportioned by the Tribunal by filing
proper application before the Tribunal. The share of the claimants / minor
respondents 5 & 6 herein are directed to be deposited in any one of the
nationalized bank till they attain majority. The grand mother of the minor
respondents herein is permitted to withdraw the accrued interest once in
three months.
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C.M.A.Nos.3784 to 3786 of 2008
(iii) In respect of CMA.No.3786 of 2008, the appellant /
insurance company is directed to deposit the total compensation of
Rs.9,71,000/- with accrued interest and costs as determined at by the
Tribunal, within a period of six weeks from the date of receipt of a copy of
this judgment, after adjusting the amount, if any, already deposited. On
such deposit, the claimants / respondents 1 and 2 herein are permitted to
withdraw the amount awarded as apportioned by the Tribunal by filing
proper application before the Tribunal. The share of the claimants / minor
respondents 3 & 4 herein is directed to be deposited in any one of the
nationalized bank till they attain majority. The grand mother of the minor
respondents 5 & 6 herein is permitted to withdraw the accrued interest once
in three months.
21.04.2021
Index:Yes/No
Internet: Yes/no
Speaking/Non-speaking Order
lok
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C.M.A.Nos.3784 to 3786 of 2008
To
1.The Motor Vehicles Accident Claims Tribunal
and Sub Court at Gingee.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.3784 to 3786 of 2008
G.K.ILANTHIRAIYAN, J.
lok
C.M.A.Nos.3784 to 3786 of 2008
21.04.2021
https://www.mhc.tn.gov.in/judis/
