Madras High Court
The Managing Director vs Anjalai on 23 August, 2021
C.M.A.No.1953 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.1953 of 2016
and
CMP No.14216 of 2016
The Managing Director,
Tamil Nadu State Transport Corporation
Villupuram Division III, Kancheepuram
Rep. by its Managing Director .... Appellant
Versus
1. Anjalai
2. Vedhachalam .... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 30.01.2013
made in M.C.O.P No.41 of 2011 on the file of the Motor Accidents
Claims Tribunal, The Principal District Judge, Chengalpattu.
For Appellant : Mr. K.J. Sivakumar
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C.M.A.No.1953 of 2016
JUDGMENT
(Heard Video Conference)
This appeal has been filed by the Transport Corporation
challenging the impugned award, dated 30.01.2013 passed by Motor
Accidents Claims Tribunal, Principal District Judge, Chengalpattu in
MCOP No.41 of 2011.
2. Heard Mr.K.J.Sivakumar, learned counsel for the appellant /
Transport Corporation. Since this Court is going to confirm the award of
the Tribunal, notice to the respondents is not necessary.
3. This Court has perused the materials and evidence available on
record before the Tribunal.
4. A person by name B. Manickam aged 23 years, died on
28.12.2010, as a result of an accident caused by a bus owned by the
appellant Transport Corporation. The deceased was a Mason at the time
of the accident. In the claim petition, the claimants, who are the parents
of the deceased have pleaded that the deceased was earning Rs.9,000/-
per month at the time of the accident. However, the Tribunal has assessed
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C.M.A.No.1953 of 2016
the notional monthly income of the deceased at Rs.5,000/-. The accident
having happened in the year 2010, this Court is of the considered view
that the fixation of the notional monthly income of the deceased at
Rs.5,000/- cannot be considered to be excessive as alleged by the
Transport Corporation.
5. The Tribunal has also adopted the wrong multiplier of 13, by
taking into consideration, the age of the mother of the deceased which is
incorrect. The Tribunal ought to have taken into consideration the age
of the deceased who was 23 years at the time of the accident, for the
purpose of applying the multiplier. If the age of the deceased was taken
into consideration, the correct multiplier would have been 18.
6. The Tribunal has also failed to award any loss of future
prospects to the appellants / claimants even though they are legally
entitled to as per the settled law. Therefore, the overall compensation of
Rs.4,02,000/- awarded by the Tribunal cannot be considered to be
excessive as alleged by the appellant / Transport Corporation
7. For the foregoings reasons, this Court does not find any merit in
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C.M.A.No.1953 of 2016
this appeal and the Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
8. 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 M.C.O.P No.41 of
2011 on the file of the Motor Accidents Claims Tribunal, The Principal
District Court, Chengalpattu, 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.
23.08.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
gd/vsi2
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C.M.A.No.1953 of 2016
To
1. The Principal District Judge,
Motor Accidents Claims Tribunal,
Chengalpattu.
2.The Section Officer,
V.R. Section,
High Court of Madras,
Chennai – 104.
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C.M.A.No.1953 of 2016
ABDUL QUDDHOSE, J.
vsi2
C.M.A.No.1953 of 2016
23.08.2021
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