Madras High Court
The Managing Director vs Mallika on 9 August, 2021
C.M.A.No.1650 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No.1650 of 2021
and
C.M.P.No.8801 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation,
Kumbakonam Limited,
Kumbakonam. ... Appellant
vs.
1.Mallika
2.Tiruthani Azhagan
3.Vinnarasi @ Veerasakthi
4.Minor. Vetrikumaran
(Minor rep. by his mother Mallika) ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 12.03.2020
made in M.C.O.P.No.228 of 2013 on the file of the Motor accident
Claims Tribunal, Sub Judge, Gingee.
For Appellant : Mr. D. Venkatachalam
For Respondents 1 to 3 : Unserved
****
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https://www.mhc.tn.gov.in/judis
C.M.A.No.1650 of 2021
JUDGMENT
This Appeal has been filed by the Transport Corporation
challenging the Award dated 12.03.2020 passed by the Motor Accident
Claims Tribunal, Sub Judge, Gingee in M.C.O.P.No.228 of 2013,
directing the Appellant/Transport Corporation to pay the Claimants a
sum of Rs.4,26,400/- as compensation for the death of the deceased,
who succumbed to the injuries sustained in an accident which occurred
on 21.06.2013 involving the bus owned by the Appellant/Transport
Corporation.
2. Before the Tribunal, the Respondents/Claimants claimed a
sum of Rs 10,00,000/- as compensation for the death of deceased. In
support of their claim, the Respondents/claimants marked Exs. P1 to
Exs. P5 before the Tribunal and P.W.1 and P.W.2 were examined as
witnesses. On the side of the appellant, R.W.1 was examined and no
exhibits were marked.
3. On consideration of the oral and documentary evidence
available on record, the Tribunal has awarded a sum of Rs.4,26,400/-
as compensation to the Respondents/Claimants. The details of the
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C.M.A.No.1650 of 2021
compensation awarded by the Tribunal under the impugned Award, are
as follows :
Amount awarded by
Heads
the Tribunal (Rs.)
Loss of Dependency 3,56,400/-
Funeral Expenses 15,000/-
Loss of Estate 15,000/-
Loss of Consortium 40,000/-
Total 4,26,400/-
4. Heard the learned counsel appearing on both sides and
perused the material documents available on record.
.
5. The Appellant has challenged the impugned award on the
ground that mere registration of an FIR is not enough for holding
negligence on their part. Further when the deceased tried to get down
from the running bus he fell down from the bus and therefore the entire
negligence ought to have been fixed against the deceased. Further, the
Tribunal has fixed the monthly income of the deceased at Rs.4,000/-
without any proof which is on the higher side. Further, the
compensation awarded by the Claims Tribunal is very high and the
same needs to be reduced.
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C.M.A.No.1650 of 2021
6. Insofar as the first contention raised by the appellant is
concerned, the Respondents / Claimants have proved their case by not
only filing an FIR, which has been marked as Ex.P1 but has also
adduced oral evidence through an eyewitness to the accident viz.,
P.W.2 and Ex.P2-Postmortem Certificate was also filed to prove that the
injured died in an accident and further a departmental action has also
been taken against the driver of the bus. No contra evidence has been
produced by the appellant before the Tribunal to disprove the
contention of the Respondents/ Claimants that only due to the rash and
negligent driving by the driver of the bus owned by the Appellant /
Transport Corporation, the accident had happened which resulted in
death of one Allimuthu. The Tribunal had rendered a finding that on
account of applying sudden brake the deceased was thrown out from
the vehicle and the relevant portion of the award is extracted below:
"8/ ngUe;jpd; Xl;Ldh; v/k/rh/1 Mf
,e;ePjpkd;wj;jpy; tprhhpf;fg;gl;l nghJ tpgj;J ele;j ,lk;
ngUe;J epWj;Jkplj;jpw;F 1 ½ mo Kd;g[ vd rhl;rpak;
mspj;Js;shh;/ ,jpypUe;nj ngUe;J epWj;jk; tiu ntfkhf
brd;W jpObud gpnuf; moj;J ngUe;ij epWj;j Xl;Ldh;
Kaw;rp bra;jjhy; jhd; tpgj;J Vw;gl;lJ vd;gJ
bjspthfpwJ/ tpgj;jpw;fhf vjph;kDjhuh; ngUe;jpd;
Xl;Lduhd v/k/rh/1f;F vjpuhf JiwhPjpahd eltof;if
tpgj;jpw;F Xl;Ldhpd; ftdf;Fiwt[ vd;gjhy; jhd;
vLf;fg;gl;Ls;sJ/"
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C.M.A.No.1650 of 2021
Therefore, this Court is of the considered view that there is no basis for
the Appellant to contend that mere registration of an FIR against the
Driver of the bus without corroboration by any other independent
witness.
7. Insofar as the fixation of monthly income of the deceased
is concerned, the Tribunal by considering the evidence of P.W.1 and
Ex.P4 fixed the age of the deceased as 60 years. Since no proof of
income is filed, considering the period of accident, the Tribunal has
fixed a sum of Rs.4,000/- as notional income of the deceased and
therefore the same cannot be said to be excessive.
8. Since, the deceased left behind the claimants 1 to 4 as
legal heirs, the Claims Tribunal has rightly deduced 1/4th as personal
expenses of the deceased and thereafter by applying multiplier '9' has
rightly awarded a sum of Rs.3,56,400/- (39,600 x 9) as compensation
towards Loss of Dependency. Further, the quantum of compensation
awarded by the Tribunal to the Respondents/Claimants under various
heads, totalling a sum of Rs.4,26,400/-, cannot be considered to be
excessive, as alleged by the Appellant/ Transport Corporation. For the
foregoing reasons, this Court does not find any merit in this Appeal and
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C.M.A.No.1650 of 2021
accordingly, the Civil Miscellaneous Appeal stands dismissed.
9. The Appellant/Transport Corporation is directed to deposit
the entire amount awarded by the Tribunal together with interest at
7.5% per annum from the date of the Claim Petition till the date of
realization, less the amount, if any, already deposited to the credit of
M.C.O.P.No.228 of 2013 on the file of the Motor Accidents Claims
Tribunal, Sub Judge, Gingee, 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, as
apportioned by the Tribunal directly to the Bank account of the
Respondents/Claimants through RTGS, within a period of two weeks.
No costs. Consequently, the connected miscellaneous petition is
closed.
09.08.2021
Index : Yes / No
Speaking Order : Yes / No
rsi
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C.M.A.No.1650 of 2021
To:
1.The Motor accident Claims Tribunal,
Subordinate Judge,
Gingee.
2.The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
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C.M.A.No.1650 of 2021
S.VAIDYANATHAN,J.
rsi
C.M.A.No.1650 of 2021
09.08.2021
https://www.mhc.tn.gov.in/judis
