The Managing Director vs Chelliah
2021 Latest Caselaw 15429 Mad

                                                                                 CMA No.2697 of 2016

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 02.08.2021

                                                       CORAM:

                             THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                             CMA No.2697 of 2016
                                                     and
                                             CMP No.19420 of 2016

                      The Managing Director
                      Tamil Nadu State Transport
                      Corporation Limited,
                      Thirunelveli
                      Madurai Division,
                      Vannarapet,
                      Thirunelveli                               ...    Appellant

                                              versus

                      1. Chelliah
                      2. Pavunammal                              ....   Respondents



                            Civil Miscellaneous Appeal filed under Section 173 of the Motor
                      Vehicles Act against the judgment and decree passed in MCOP No.362
                      of 2009 on the file of Principal Judge, Motor Accident Claims Tribunal,
                      Tindivanam, dated 29.07.2011.

                      For Appellant                    :   Mr.D. Venkatachalam

                      For Respondents                  :   Not ready in notice
                                                           reg. R1 & R2



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                                                                                CMA No.2697 of 2016

                                                      JUDGMENT

(Heard Video Conference)

This appeal has been filed by the Transport Corporation

challenging the impugned award dated 29.07.2011 passed by the Motor

Accidents Claims Tribunal, Principal Sub Court, Tindivanam in MCOP

No.362 of 2009.

2. The appellant / Transport Corporation has filed this appeal only

on the ground that the quantum of compensation awarded by the Tribunal

is excessive.

3. The details of compensation awarded by the Tribunal in favour

of the claimants are detailed hereunder :-

                                          Heads                Amount awarded
                                                                by the Tribunal
                                                                     (Rs.)
                              Loss of income                           4,68,000
                              Funeral expenses                              6,000
                              Transport expenses                            5,000
                              Loss of love and affection               1,00,000
                              Loss of things                                3,000
                              Total                                    5,81,000



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                                                                                 CMA No.2697 of 2016

4. Heard Mr.D.Venkatachalam, learned counsel for the appellant /

Transport Corporation and this Court has perused and examined the

impugned award as well the materials and evidence available on record

before the Tribunal.

5. The deceased Jaganraj was aged 24 years and in the claim

petition, claimants have pleaded that he was earning Rs.10,000/- p.m. at

the time of the accident. The accident happened on 10.02.2009. The

Tribunal has fixed the notional monthly income of the deceased at

Rs.6,000/-. For an accident that happened in the year 2009, the

assessment of the notional monthly income at Rs.6,000/- cannot be

considered to be excessive as alleged by the appellant / Transport

Corporation. The Tribunal has also erroneously failed to award any

compensation towards loss of future prospects to the claimants. The total

compensation awarded by the Tribunal to the claimants is Rs.5,81,000/-,

as detailed supra. Even though a wrong multiplier has been adopted by

the Tribunal for the purpose of assessing the loss of dependency but

considering the fact that no loss of future prospects has been granted, this

Court is of the considered view that the overall compensation of

Rs.5,81,000/- fixed by the Tribunal cannot be considered to be excessive http://www.judis.nic.in

CMA No.2697 of 2016

as alleged by the appellant / Transport Corporation.

6. For the foregoings reasons, this Court does not find any merit in

this appeal and the Civil Miscellaneous Appeal is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

7. The Appellant / Transport Corporation is directed to deposit the

entire award amount awarded by the Tribunal together with interest at

7.5% p.a. from the date of claim petition till the date of realization, less

the amount, if any, already deposited to the credit of MCOP No.362 of

2009 on the file of the Principal Judge Court, Motor Accident Claims

Tribunal, Tindivanam, within a period of eight weeks from the date of

receipt of a copy of this Judgment. On such deposit being made, the

Tribunal is directed to transfer the award amount directly to the bank

account of the respondents 1 and 2 / claimants through RTGS, within a

period of two weeks thereafter as per the ratio of apportionment fixed by

the Tribunal.

02.08.2021 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2

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CMA No.2697 of 2016

ABDUL QUDDHOSE, J.

vsi2

To

1. The Principal Judge, Motor Accident Claims Tribunal, Tindivanam.

2. The Section Officer, V.R. Section High Court of Madras, Chennai - 104.

CMA No.2697 of 2016

02.08.2021

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