Manonmani vs The Managing Director
2021 Latest Caselaw 11222 Mad

                                                                                     C.M.A.No.2093 of 2018


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 30.04.2021

                                                      CORAM

                            THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

                                                 C.M.A.No.2093 of 2018

                   1.Manonmani
                   2.Priya
                   3.Revathi
                   4.Minor Sasikala
                   5.Minor Madheswawran
                   6.Bakkiyam @ Sivabakkiyam                                    ...Appellants
                   (Minor Petitioner Nos.4 & 5 are
                   represented their next Friend
                   Guardian Mother Manonmani)
                                                          Vs
                   The Managing Director,
                   Tamilnadu State Transport Corporation Limited,
                   No.37, Mettupalayam Road, Coimbatore.                        ... Respondent

                   Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                   Vehicles Act, 1988, against the award dated 12.03.2018                  made in
                   M.C.O.P.No.698 of 2011 on the file of the Motor Accident Claims Tribunal,
                   Subordinate Court, Sankari.


                                     For Appellants      : Mr.T.S.Arthanareeswaran
                                     For Respondent      : Mr.D.Venkatachalam



                   1/6


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                                                                                       C.M.A.No.2093 of 2018




                                                    JUDGMENT

This Civil Miscellaneous Appeal has been filed against the judgment and

decree dated 12.03.2018 made in M.C.O.P.No.698 of 2011 on the file of the

Motor Accident Claims Tribunal, Subordinate Court, Sankari.

2.The appellants are the claimants in M.C.O.P.No.698 of 2011 on the file

of the Motor Accident Claims Tribunal, Subordinate Court, Sankari. They filed

the above said claim petition, claiming a sum of Rs.10,00,000/- as compensation

for the death of one Subramanian in the accident that took place on 23.08.2011.

3.The Tribunal considering the pleadings, oral and documentary evidence,

held that the accident occurred due to rash and negligent driving by driver of the

respondent and directed the respondent-Transport Corporation to pay a sum of

Rs.15,95,000/- as compensation to the appellants.

4.Not being satisfied with the amounts awarded by the Tribunal, the

http://www.judis.nic.in C.M.A.No.2093 of 2018

appellants have come out with the present appeal seeking enhancement of

compensation.

5.Though, the appellants have preferred the present appeal challenging

the quantum of compensation awarded by the Tribunal, when the matter is

taken up hearing today i.e on 30.04.2021, the learned counsel for the appellants

submitted that the compensation awarded by the Tribunal is just and fair and

the same may be confirmed.

6.The learned counsel for the respondent submitted that the respondent-

Transport Corporation has not preferred any appeal against the award passed by

the Tribunal.

7.In view of the above submissions made by the learned counsel for the

appellants as well as the respondent, this Civil Miscellaneous Appeal is

dismissed and a sum of Rs.15,95,000/- awarded by the Tribunal as

compensation to the appellants-claimants, along with interest and costs is

confirmed.

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8.The respondent-Transport Corporation is directed to deposit the award

amount along with interest and costs, less the amount if any already deposited,

within a period of eight weeks from the date of receipt of a copy of this judgment

to the credit of M.C.O.P.No.698 of 2011 on the file of the Motor Accidents

Claims Tribunal, Subordinate Court, Sankari. On such deposit, the appellants 1

to 3 & 6 are permitted to withdraw their respective share of the award amount as

per the ratio of apportionment fixed by the Tribunal along with proportionate

interest and costs after adjusting the amount, if any already withdrawn, by filing

necessary applications before the Tribunal.

9.The Tribunal is directed to transfer the respective share of award

amount to the appellants by way of RTGS, within a period of three weeks from

the deposit or from the date of receipt of the Bank details obtained for the

claimant or application made by the appellant for withdrawal, whichever is later.

The Tribunal is also directed to deposit the share of the minor appellants 4 & 5

in any one of the Nationalized Banks, till the minor appellants 4 & 5 attain

majority. On such deposit, the 1st appellant, being the Mother of the minor

http://www.judis.nic.in C.M.A.No.2093 of 2018

appellants 4 & 5 is permitted to withdraw the accrued interest once in three

months for the welfare of the minor appellants 4 & 5. No costs.

30.04.2021

Index: Yes/No Internet:Yes/No Speaking order/Non-speaking order

rst

To:

The Motor Accident Claims Tribunal, The Subordinate Judge, Sankari.

http://www.judis.nic.in C.M.A.No.2093 of 2018

KRISHNAN RAMASAMY,J.

rst

C.M.A.No.2093 of 2018

30.04.2021

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