Madras High Court
The Managing Director vs Ramasamy on 9 April, 2021
CMA(MD)No.623 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED 09.04.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A(MD)No.623 of 2011
and
M.P(MD)No.1 of 2011
The Managing Director
Tamil Nadu State Transport Corporation
Division -V,
Madurai.
.. Appellant
vs.
1.Ramasamy
2.Suresh
...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988 to set aside the Judgment and Decree passed in MCOP
No.201 of 2004 dated 28.09.2007 on the file of the Motor Accident
Claims Tribunal, Subordinate Judge, Virudhunagar.
For Appellant : Mr.M.Prakash
For Respondent : No appearance for R2
R-1 Died
1/6
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.623 of 2011
JUDGMENT
Challenging the award passed by the Motor Accident Claims
Tribunal, Subordinate Judge, Virudhunagar, in M.C.O.P.No.201 of 2004
dated 28.09.2007, the Transport Corporation has filed this appeal.
2.It is the case of the claimants that on 05.09.2004 at 03.15 p.m, at
Virudhunagar Bye pass Road, near Sivakasi Junction, the deceased Raj
Naicker was walking on the left side of the road. At that time, the bus
owned by the appellant Transport Corporation bearing registration
No.TN-58-N-0245 while overtaking a lorry was driven in rash and
negligent manner and dashed against the deceased. In that accident, the
deceased sustained severe injuries and was taken to the Virudhunagar
Government Hospital, where he was reported dead. Alleging that the
accident had taken place due to the rash and negligent driving of the
driver of the bus, the legal heir of the deceased laid a petition, claiming
compensation of Rs.1,00,000/-.
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CMA(MD)No.623 of 2011
3.Resisting the claim, the appellant Transport Corporation filed
their counter disputing the manner of accident, age, avocation and
income of the deceased and its liability to pay the compensation.
4.To substantiate the case, on the side of the claimant P.W.1 and
P.W.2 were examined and Ex.P1 to Ex.P5 were marked. On the side of
the appellant/Transport Corporation, R.W.1 Driver of bus was examined,
but no document was produced.
5.The Tribunal, after considering the oral and documentary
evidence held that the driver of the bus belonging to the appellant
Transport Corporation was responsible for the accident and awarded
compensation of Rs.62,000/- along with interest at the rate of 7.5% p.a.
Assailing the award, the appellant Transport Corporation has filed the
present appeal.
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CMA(MD)No.623 of 2011
6.Heard the learned counsel appearing for the appellant Transport
Corporation and perused the materials available on record.
7.This appeal has been filed only challenging the quantum, hence,
the other issues need not be dealt with herein.
8.Though the learned counsel for the appellant Transport
Corporation has contended that the award is on the higher side and it
requires reduction, I find no substance in the said submission for the
reason that the Tribunal found that the deceased died at the age of 75
years and he was earning Rs.1,500/- per month and after deducting 1/3rd
therefrom for his personal expenses, applied multiplier '5' to determine
compensation for loss of income Rs.60,000/- and Rs.2,000/- was
awarded under loss of dependency and funeral expenses respectively.
9.In such view of the matter, the Civil Miscellaneous Appeal fails
and the same is dismissed, as devoid of merits. Since the appeal is
dismissed, the appellant Transport Corporation is directed to deposit the
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.623 of 2011
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 second claimant is
permitted to withdraw the award amount, less the amount already
withdrawn, if any, together with proportionate interest and costs. No
costs. Consequently, connected Miscellaneous Petition is closed.
09.04.2021
Index:Yes/No
Internet:Yes/No
skn
To
1.The Motor Accident Claims Tribunal,
Subordinate Judge, Virudhunagar.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
CMA(MD)No.623 of 2011
K.KALYANASUNDARAM,J
skn
JUDGMENT MADE IN
C.M.A(MD)No.623 of 2011
and
M.P(MD)No.1 of 2011
09.04.2021
https://www.mhc.tn.gov.in/judis/
