Madras High Court
Tamil Nadu State Transport ... vs K.Sunganya on 10 December, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).No.493 of 2017
and
C.M.P.(MD)No.5253 of 2017
Tamil Nadu State Transport Corporation,
by its Managing Director,
Kumbakonam. ...Appellant/Respondent
Vs.
1.K.Sunganya
2.Minor K.S.Dheetchinia
[Minor is represented through her
mother and natural guardian
K.Suganya, the 1st respondent herein]
3.G.Seethalakshmi ...R-1 to R-3/Petitioners 1 to 3
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Judgment and decree passed by the
learned Motor Accident Claims Tribunal/I Additional District and Sessions
Court (Protection of Civil Rights), Thanjavur, in M.C.O.P.No.137 of 2011
dated 17.12.2012.
For Appellant :Mr.I.Pinaygash
For Respondent :Mr.M.Elanchezhian
https://www.mhc.tn.gov.in/judis
2
ORDER
This Civil Miscellaneous Appeal has been filed to set aside the
Judgment and decree, dated 17.12.2012 in M.C.O.P.No.137 of 2011, passed
by the learned Motor Accident Claims Tribunal/I Additional District and
Sessions Court (Protection of Civil Rights), Thanjavur.
2.It is a case of fatal accident. On 17.12.2010, morning at 11.30 a.m.,
the deceased who is husband of the 1st claimant went along with one Senthil
@ Senthil kumar as a pillion rider in a motor cycle bearing Regn. No.TN-49-
U-2088, in Melattur road, a bus belonging to the Transport Corporation
bearing Reg. No.TN-49-N-1198 came an opposite direction with rash and
negligent manner and dashed against the two wheeler. Due to the accident,
the deceased Kannan succumbed to death on the same day.
3.The claimants have filed a claim petition in M.C.O.P.No.137 of 2011
on the file of the learned Motor Accident Claims Tribunal/I Additional
District and Sessions Court (Protection of Civil Rights), Thanjavur, seeking
compensation.
4.Before the Tribunal, on the side of the claimants five witnesses were
examined as P.W.1 to P.W.5 and marked forty seven documents as Exs.P.1 to
https://www.mhc.tn.gov.in/judis
P.47 and one witness was examined as R.W.1 and no document was marked
on the side of the Transport Corporation.
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, directed the
Transport Corporation to pay a sum of Rs.28,63,500/-as compensation.
Aggrieved by the said order, the present Civil Miscellaneous Appeal has been
filed.
6.Heard on either side. Perused the material documents available on
record.
7. The Transport Corporation has preferred this appeal on the ground
that the compensation fixed by the tribunal is very high.
8.The claimants have filed a petition in M.C.O.P.No.137 of 2011 for
claiming compensation for the death of husband of the 1st claimant. When he
was as a pillion rider of the two wheeler bearing Regn. No.TN-49-U-2088, an
opposite direction a bus bearing Regn.No. TN-49-N-1198 belonging to the
Transport Corporation came in a rash and negligent manner and dashed
https://www.mhc.tn.gov.in/judis
against the two wheeler, the deceased died. At the time of accident, the
deceased was working in Saudi Arabia and earned a sum of Rs.70,000/-per
month.
9.The tribunal has fixed monthly income of Rs.20,000/-per month as
his salary since the Visa was expired at the time of accident. The deceased's
salary certificate was marked as Ex.P.17 to prove his salary. To prove
employment Ex.P.33 was marked. Since at the time of accident Visa was
expired, the deceased's income was fixed as Rs.20,000/-is very reasonable.
The tribunal has awarded under other heads are very reasonable.
10.The claimants have not preferred any appeal to enhance the
compensation awarded by the tribunal. Hence, this Court has no valid reason
to interfere with the award passed by the Court below.
11.Finally, this Civil Miscellaneous Appeal stands dismissed by
confirming the order and Decree, dated 17.12.2012 in M.C.O.P.No.137 of
2011, passed by the learned Motor Accident Claims Tribunal/I Additional
District and Sessions Court (Protection of Civil Rights), Thanjavur. The
appellant/Transport Corporation is directed to deposit the entire award
amount, within a period of Four weeks, from the date of receipt of copy of
https://www.mhc.tn.gov.in/judis
the order. After depositing the amount, the claimants are permitted to
withdraw their share as apportioned by the Tribunal, with accrued interests
and costs. The minor's share amount is to be deposited as ordered by the
Tribunal. No Costs. Consequently, connected Miscellaneous Petition is
closed.
Index :Yes/No 10.12.2021
Internet:Yes/No
ksa
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
The Motor Accident Claims Tribunal/
I Additional District and Sessions Court
(Protection of Civil Rights),
Thanjavur.
https://www.mhc.tn.gov.in/judis
S.ANANTHI, J.
ksa
Order made in
C.M.A.(MD).No.493 of 2017
10.12.2021
https://www.mhc.tn.gov.in/judis
