Madras High Court
The Managing Director vs S. Mathamma on 18 August, 2021
C.M.A.No.2291 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No.2291 of 2021 and
C.M.P.No.12734 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Ltd,
Villupuram Division, Kancheepuram.
Having Branch Office at
J.N. Road, Tiruvallur. ... Appellant
vs.
1. S. Mathamma
2. K. Parasuram
3. K. Chengamma ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 27.11.2019 made
in M.C.O.P.No.12 of 2019 on the file of the Motor accident Claims Tribunal,
Special District Judge, Tiruvallur.
Page No.1 of 7
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C.M.A.No.2291 of 2021
For Appellant : Mr. K.J.Sivakumar
JUDGMENT
This Appeal has been filed by the Transport Corporation challenging
the Award dated 27.11.2019 passed by the Motor Accident Claims Tribunal,
Special District Judge, Tiruvallur in M.C.O.P.No.12 of 2019, directing the
Appellant/Transport Corporation to pay the Claimants a sum of
Rs.13,40,000/- as compensation for the death of the deceased, who
succumbed to the injuries sustained in an accident which occurred on
05.11.2018 involving the bus owned by the appellant/Transport Corporation.
Respondents/Claimants are the dependants of the deceased viz. Wife, Son
and Mother.
2. Before the Tribunal, the Respondents/Claimants claimed a sum of
Rs.25,00,000/- as compensation for the injuries sustained by him. In
support of their claim, the Respondents/claimants marked Exs.P1 to P7
before the Tribunal and No eyewitness were examined as witnesses. On the
side of the, petitioner/appellant, No witness was examined and no exhibit was
marked.
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C.M.A.No.2291 of 2021
3. On consideration of the oral and documentary evidence available
on record, the Tribunal has awarded a sum of Rs.13,40,000/- as
compensation to the Respondents/Claimants. Details of the compensation
awarded by the Tribunal under the impugned Award, are as follows :
Amount awarded by
Heads
the Tribunal (Rs.)
Pecuniary Loss 11,70,000
Loss of Consortium 40,000.00
Funeral Expenses 15,000.00
Loss of Estate 15,000.00
Love and Affection 100000.0
Total 13,40,000
4. Heard the learned counsel for the parties 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 and the Tribunal has also erred in fixing the monthly income of the
deceased at Rs.9,000/- which according to them is on the higher side.
6. Insofar as the first contention raised by the appellant is
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C.M.A.No.2291 of 2021
concerned, the Respondents/ Claimants has proved their case by not alone
filing an FIR, which has been marked as Ex.P1 but has also adduced oral
evidence through an eyewitness to the accident viz., PW2. 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 injuries sustained
by him. 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 is concerned, despite the
claimants stated the deceased was earning a sum of Rs.20,000/- per month,
the Claims Tribunal has fixed only a sum of Rs.9,000/- per month as monthly
income of the deceased. Considering the cost of living prevailing as on date,
the monthly income fixed by the Tribunal cannot be said to be excessive.
8. Considering the nature of injuries sustained by the
Respondent/Claimant, the quantum of compensation awarded by the Tribunal
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C.M.A.No.2291 of 2021
to the Respondents/Claimants under various heads, totalling a sum of
Rs.13,40,000/-, 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 accordingly, the Civil Miscellaneous
Appeal stands dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
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.12 of 2019 on
the file of the Motor Accidents Claims Tribunal, (Special District Judge),
Tiruvallur, 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/Claimants through RTGS, as per the apportionments fixed by
the Tribunal within a period of two weeks.
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C.M.A.No.2291 of 2021
18.08.2021
Index : Yes / No
Speaking Order : Yes / No
(arr)
To:
1. The Motor accident Claims Tribunal,
Special District Judge,
Tiruvallur.
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
S.VAIDYANATHAN,J.
(arr)
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C.M.A.No.2291 of 2021
C.M.A. No.2291 of 2021
18.08.2021
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