The Managing Director vs Alamelu
2021 Latest Caselaw 24078 Mad

                                                                         C.M.A.(MD).No.960 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 07.12.2021

                                                    CORAM

                                  THE HON'BLE MRS.JUSTICE S.ANANTHI

                                         C.M.A.(MD).No.960 of 2011
                                                   and
                                         C.M.P.(MD).No.9108 of 2021

                     The Managing Director,
                     Tamil Nadu State Transport Corporation Limited,
                     No.3/137, Salamedu,
                     Vazhutharetti Post,
                     Villupuram Taluk & District.                                 ... Appellant

                                                        Vs.
                     1.Alamelu
                     2.Manimaran
                     3.Kala
                     4.Malika
                     5.Kannaki
                     6.Valarmathi                                             ... Respondents


                     Prayer: The Civil Miscellaneous Appeal is filed under Section 173 of
                     the Motor Vehicles Act, 1988, against the judgment and decree dated
                     05.02.2020 made in M.C.O.P.No.483 of 2018 on the file of the Motor
                     Accident Claims Tribunal, Sessions Judge, Mahila Court, Pudukottai.


                                        For Appellant         : Mr.D.Venkatachalam
                                        For Respondents       : Mr.P.Ganapathi Subramaniam



https://www.mhc.tn.gov.in/judis
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                                                                          C.M.A.(MD).No.960 of 2021




                                                  JUDGMENT

The State Transport Corporation has filed the present appeal

challenging the award passed by the Motor Accident Claims Tribunal,

Sessions Judge, Mahila Court, Pudukottai in M.C.O.P.No.483 of 2018,

dated 05.02.2020, on the ground that the monthly income fixed by the

Tribunal, without any proof, is on higher side and Rs.2,40,000/- awarded

under the head of loss of consortium and Rs.3,00,000/- awarded under

the head of love and affection are also very high.

2. Heard Mr.D.Venkatachalam, learned counsel for the

appellant/Transport Corporation and Mr.P.Ganapathi Subramaniam,

learned counsel for the respondents/claimants.

3. The respondents filed the claim petition before the Motor

Accident Claims Tribunal, Sessions Judge, Mahila Court, Pudukottai in

M.C.O.P.No.483 of 2018, seeking compensation of Rs.25,25,000/- for

the death of the first claimant's husband, who died in the accident, which

had taken place on 17.02.2018, at about 5.00 a.m. It is the case of the

claimants that when the deceased along with his son-in-law went to the

market, the driver of the State Transport Corporation Bus bearing https://www.mhc.tn.gov.in/judis

C.M.A.(MD).No.960 of 2021

Registration No.TN 32 N 4086 came from South to North in the National

Highway Road, in a rash and negligent manner and dashed against the

deceased. In the impact, the deceased sustained multiple injuries and

admitted in the Government Medical College Hospital, Trichy and he

died in the hospital. The Tribunal has fixed the monthly income of the

deceased as Rs.7,000/- and also added 10% for future prospects, which is

very low. There are six claimants and the Tribunal has awarded a sum of

Rs.2,40,000/- for loss of consortium (each claimants entitled for Rs.

40,000/-), which is reasonable. For loss of love and affection, the

Tribunal has fixed a sum of Rs.3,00,000/-, which is very high. But,

considering the fact that the Tribunal has fixed the very low monthly

income, this Court confirms the award passed by the Tribunal.

4. In the result, the Civil Miscellaneous Appeal is dismissed

and the award passed by the Motor Accident Claims Tribunal, Sessions

Judge, Mahila Court, Pudukottai in M.C.O.P.No.483 of 2018, dated

05.02.2020 is confirmed. In view of the dismissal of the appeal, the

appellant/Transport Corporation is directed to deposit the entire award

amount with interest and cost within a period of six weeks from the date

of receipt of a copy of this judgment, less the amount already deposited if

https://www.mhc.tn.gov.in/judis

C.M.A.(MD).No.960 of 2021

any. On such deposit, the respondents/claimants are permitted to

withdraw their share with accrued interests and costs as apportioned by

the Tribunal. No costs. Consequently, the connected Miscellaneous

Petition is closed.

07.12.2021

Index :Yes/No Internet:Yes

akv

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.

https://www.mhc.tn.gov.in/judis

C.M.A.(MD).No.960 of 2021

S.ANANTHI,J

akv

C.M.A.(MD).No.960 of 2021

07.12.2021

https://www.mhc.tn.gov.in/judis