Madras High Court
The Managing Director vs G.Varadarajalu on 7 December, 2021
C.M.A.(MD)No.1139 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.1139 of 2014
and
M.P.(MD)No.1 of 2014
The Managing Director,
Tamilnadu State Transport Corporation Ltd.,
Coimbatore Unit -II, Erode Head Quarters,
Sathyamangalam Branch,
Erode District. ...Appellant/Respondent No.1
Vs.
1.G.Varadarajalu
2.D.Vijayalakshmi
3.G.V.Sai Madu Sudanam ...Respondent Nos.1 to 3/Petitioners
4.R.Raja
5.National Insurance Company Ltd.,
56, Greams Road,
Chennai – 600 006. ...Respondent Nos.4 & 5/
Respondent Nos.2 & 3
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, against the judgment and award made in M.C.O.P.No.
2235 of 2004, dated 6th July 2006 on the file of Motor Accidents Claims
Tribunal, Sub Court, Tiruchirapalli.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1139 of 2014
For Appellant :Mr.K.Sudalaiyandi
For R1 to R3 :Mr.V.Karthikeyan
For R4 :No Appearance
For R5 :Mr.S.Srinivasa Ragavan
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant/State
Transport Corporation Ltd., against the judgment and award made in
M.C.O.P.No.2235 of 2004, dated 6th July 2006 on the file of Motor Accidents
Claims Tribunal, Sub Court, Tiruchirapalli on the ground of quantum fixed
by the tribunal is very high.
2.It is a case of fatal accident. On 12.05.2004, the deceased driving a
Van towards Palani Dindigul Road and at about 3.45 when the van came
near Ottanchatiram semadaipatti, a corporation bus bearing Registration
No.TN-33-1294 came from opposite direction in a rash and negligent manner
and hit the van on the deceased. Due to the said accident, the deceased was
sustained grievous injuries and died on the spot.
3.The claimants have filed a petition in M.C.O.P.No.2235 of 2018 on
the file of the Motor Accident Claims Tribunal/Sub Court, Tiruchirapalli,
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C.M.A.(MD)No.1139 of 2014
seeking compensation of Rs.20,00,000/-.
4.Before the Tribunal, on the side of the claimants, two witnesses were
examined as P.W.1 and P.W.2 and marked five documents as Exs.P.1 to P.5.
On the side of the appellant herein, no one was examined and one document
was marked as Ex.R1.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
respondent and also on appreciating the evidences on record, held that the
accident occurred due to the rash and negligent driving of the both the
drivers of bus and van and directed the appellant herein to pay a sum of
Rs.3,25,000/- and the fourth and fifth respondents herein to pay a sum of
Rs.3,20,000/- each as compensation.
6.Against which, the appellant/first respondent has filed this present
appeal to set aside the award of compensation passed by the Tribunal.
7.Heard the learned counsel appearing for the appellant and the
learned counsel appearing for the respondents 1 to 3 and the learned counsel
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C.M.A.(MD)No.1139 of 2014
appearing for fifth respondent and perused the materials available on record.
No representation on behalf of fourth respondent.
8.The learned counsel for the appellant/State Transport Corporation
objected the quantum awarded by the Tribunal. The driver of the bus has
joined duty only one month prior to the accident, but he cannot be examined.
The tribunal has fixed Rs.8,000/- as monthly income of the deceased. Since
the deceased was a bachelor, 50% of his personal expenses is to be
deducted, but the Tribunal wrongly deducted 1/3 towards personal expenses
of the deceased and also awarded Rs.9,65,000/- towards compensation is
very high. Hence, it requires modification.
9.The claimants have not filed any appeal against the award passed by
the Tribunal.
10.On perusal of records, it shows that the tribunal has fixed
Rs.8,000/- as monthly income of the deceased and annual income arrived at
Rs.96,000/- (Rs.8,000/- x 12 = Rs.96,000/-). Since the deceased was a
bachelor at the time of accident, this Court deducted 50% of the deceased
income towards his personal expenses. Hence, the amount of Rs.48,000/-
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C.M.A.(MD)No.1139 of 2014
(Rs.96,000/- x 50% = Rs.48,000/-) awarded for personal expenditure and
multiplier '18' to be added, it arrived at Rs.48,000 x 18 = Rs.8,64,000/-
Except the above, all other terms of the award passed by the Tribunal is
confirmed. Therefore, the claimants are entitled to get Rs.8,69,000/-.
11.Finally, this Civil Miscellaneous Appeal is partly allowed. No costs.
The award amount of Rs.9,65,000/- passed by the Motor Accidents Claims
Tribunal, Sub Court, Tiruchirapalli in M.C.O.P.No.2235 of 2004, dated
06.07.2006, is hereby modified. The claimants are entitled to get
Rs.8,69,000/-. (Rupees Eight laksh sixty nine thousand only) with interest at
7.5% p.a from the date of claim petition till the date of realization.
12.The appellant is directed to deposit the award amount within a
period of four weeks from the date of receipt of a copy of this order. On such
deposit, the claimants are entitled to withdraw their respective share as per
the order of the tribunal. Till such deposit is made by the appellant within
four weeks, E.P. cannot be pressed by the claimants. Consequently connected
miscellaneous petition is closed.
07.12.2021
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1139 of 2014
S.ANANTHI, J.
vsd
Note:In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the
responsibility of the Advocate/litigant concerned.
To
1.The Motor Accidents Claims Tribunal,
Sub Court,
Tiruchirapalli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
C.M.A.(MD)No.1139 of 2014
and
M.P.(MD)No.1 of 2014
07.12.2021
https://www.mhc.tn.gov.in/judis
