Madras High Court
The Managing Director vs P.R. Jayapandian on 23 August, 2021
CMA(MD).No.708 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.08.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CMA(MD).No. 708 of 2021 and
CMP(MD).No.6442 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation,
Door.No.12, Ramakrishnan Road,
Salem District. : Appellant / 1st respondent
Vs.
1.P.R. Jayapandian
2.Minor J. Deepika
3.Minor J. Thyamitha
(respondents 2 and 3 rep. by their father / guardian)
4.S.Matheswaran
5.M/s. Reliance General Insurance Company Ltd.,
rep. by its Branch Manager,
Plot.HIG 55, 1st Floor,
Sri Meenakshi Plaza,
80 Feet Road, Anna Nagar,
Madurai District. : Respondents / Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree passed in MCOP.No.
955 of 2015, dated 09.03.2018, on the file of the Motor Accident Claims
1/6
https://www.mhc.tn.gov.in/judis/
CMA(MD).No.708 of 2021
Tribunal / VI Additional District Judge, Madurai.
For Appellant : Mr. M. Prakash
For 1st respondent : Mr. C. Prithivi Raj
For 5th respondent : Mr. V. Sakthivel
JUDGMENT
The Civil Miscellaneous Appeal is directed against the Award
passed in MCOP.No.955 of 2015, dated 09.03.2018, on the file of the
Motor Accident Claims Tribunal / VI Additional District Judge, Madurai.
2. The appellant / Transport Corporation, who was directed to
pay compensation of Rs.37,97,080/- with interest at 7.5% per annum and
costs to the claimants for the death of one Senthil Kumari, who died in an
accident occurred on 06.10.2014, challenged the quantum of compensation
awarded by the Tribunal. The only challenge is with respect to the
quantum of compensation.
3. The learned counsel appearing for the appellant would
submit that the Tribunal has erroneously fixed the monthly salary at
Rs.20,300/- and on that basis, arrived at Rs.37,97,080/- as compensation.
https://www.mhc.tn.gov.in/judis/
CMA(MD).No.708 of 2021
4. It is evident from the records that the claimants have
summoned and exhibited the salary slip of the deceased under Ex.X2 and
that the Tribunal relying on Ex.X2, has fixed the monthly salary at
Rs.20,300/-. The Tribunal has rightly added 50% of the income towards
future prospects, relying upon the decision of the Hon'ble Supreme Court
in Pranay Sethi's case (National Insurance Company Ltd., Vs. Pranay
Sethi and others) reported in 2017(2) TNMAC 609 and fixed the age of
the deceased at 29 yeas as per the Service Register filed under Ex.X1. It is
further evident that the Tribunal has only granted Rs.40,000/- for the first
claimant / wife towards loss of consortium and Rs.15,000/- each for
Transportation and funeral expenses.
5. Considering the above, the Tribunal has rightly determined
the compensation and there is no need to interfere with the impugned
order. Hence, this Court decides that the Civil Miscellaneous Appeal is
devoid of merits and the same is liable to be dismissed.
6. In the result, the Civil Miscellaneous Appeal is dismissed
and the impugned order, dated 09.03.2018 made in MCOP.No.955 of 2015
on the file of the Motor Accident Claims Tribunal / VI Additional District
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CMA(MD).No.708 of 2021
Judge, Madurai, dated 09.03.2018 is confirmed. No costs. Consequently,
the connected Miscellaneous Petition is closed.
7. The appellant / Transport Corporation is directed to deposit
the amount awarded by the Tribunal i.e., a sum of Rs.37,97,080/- (Rupees
Thirty Seven Lakhs Ninety Seven Thousand and Eighty only) together
with proportionate interest and costs to the credit of MCOP.No. 955 of
2015, on the file of Motor Accident Claims Tribunal, VI Additional District
Judge, Madurai, after deducting the amount already deposited if any,
within a period eight weeks from the date of receipt of a copy of this
Judgment. On such deposit, the respondents 1 to 3 / claimants are entitled
to their shares as per the apportionment fixed by the Tribunal. The first
respondent / claimant is entitled to withdraw his share on filing necessary
application before the Tribunal. The share of the minor respondents 2 and
3 shall be deposited in any one of the Nationalized Banks till they attain
majority. The first respondent, who is the father of the minor respondents
2 and 3, is permitted to withdraw the interest of minor shares once in three
months directly from the Bank.
23 .08.2021
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Index : yes / No
https://www.mhc.tn.gov.in/judis/
CMA(MD).No.708 of 2021
Internet : yes / No
To
The Motor Accident Claims Tribunal / VI Additional District Judge,
Madurai.
https://www.mhc.tn.gov.in/judis/
CMA(MD).No.708 of 2021
K.MURALI SHANKAR, J.
trp
CMA(MD).No. 708 of 2021 and
CMP(MD).No.6442 of 2021
23.08.2021
https://www.mhc.tn.gov.in/judis/
