Madras High Court
Tamil Nadu State Express ... vs S.Subramonia Pillai on 16 December, 2021
CMA.(MD)No.786 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 16.12.2021
CORAM
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA.(MD)No.786 of 2019
and
CMP.(MD)No.10145 of 2019
Tamil Nadu State Express Transport Corporation,
Represented by its Managing Director,
Nagercoil, Nagercoil Village,
Agasteeswaram Taluk,
Kanyakumari District. ... Appellant
Vs.
1.S.Subramonia Pillai
2.S.Uma Sankar
K.Sivamalu Pillai(Died)
3.T.Thangam ... Respondents
rd
(3 respondent is driver of the appellant and that given up)
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the award and decree made in
MCOP.No.75 of 2014 dated 29.03.2019 on the file of the Motor
Accident Claims Tribunal/Chief Judicial Magistrate Court,
Kanyakumari District at Nagercoil.
For Appellant : Mr.P.Prabhakaran
For Respondents : No Appearance
1/6
https://www.mhc.tn.gov.in/judis
CMA.(MD)No.786 of 2019
JUDGMENT
The appellant filed this appeal against the Judgment and Decree
dated29.03.2019 in MCOP.No.75 of 2014 on the file of the Motor
Accident Claims Tribunal/Chief Judicial Magistrate Court,
Kanyakumari District at Nagercoil.
2.The facts of the case are that on 02.07.2014, at about 11.45
am., when the mother of the first respondent herein went for
purchasing groceries, a water lorry bearing registration No.TN.01 N
0430, which is belonging to appellant transport corporation, came in
rash and negligent manner and dashed against the deceased and also
ran through the shop, as a result of which, the deceased suffered with
grievous injuries. Thereafter, the deceased admitted in the
Aasaripallam Government Medical College. However, she died on
08.07.2014. Hence, the respondents 1, 2 & 3 filed MCOP.No.75 of
2014 on the file of the Motor Accident Claims Tribunal/Chief Judicial
Magistrate Court, Kanyakumari District at Nagercoil claiming
compensation. Pending MCOP, the husband of the deceased died.
3.The Tribunal after analysing the entire evidence on record,
awarded a sum of Rs.10,90,000/- together with interest at the rate of
7.5% per annum, as compensation to the first and second
https://www.mhc.tn.gov.in/judis
CMA.(MD)No.786 of 2019
respondents/claimants. Questioning their liability and also the
quantum of compensation awarded by the Tribunal, the appellant has
filed this appeal.
4.The learned counsel for the appellant would submit that the
Tribunal fixed monthly income as Rs.9,000/-, which is on higher side.
The Tribunal fixed Rs.4,500/- as employee of Tharani Matrimonial
Centre and also fixed Rs.4,500/- for tailoring and there is no proof for
income and the Tribunal erred in fixing the monthly income. He
would further submit that Tribunal erred in awarding a very high
compensation under other heads also.
5.Even though notice served and name of the respondents
printed in the cause list, no one appeared on behalf of them.
6.The main ground raised by the appellant is that there is no
proof for income and hence, this Court is of the opinion that
Rs.9,000/- awarded by the Tribunal towards monthly income of the
deceased is on the higher side and therefore, it is reduced to
Rs.4,500/-. If 25% future prospect added, it will come Rs.5,625/-.
Since the age of the deceased was 42, multiplier 14 to be applied.
Hence, the loss of income is Rs.6,30,000/-(Rs.5,625*12*14*2/3). All
other heads awarded by the Tribunal are hereby confirmed. It is
https://www.mhc.tn.gov.in/judis
CMA.(MD)No.786 of 2019
made clear that only the compensation awarded under the head loss
of income is reduced from Rs.10,08,000/- to Rs.6,30,000/-.
7.In view of the above, the compensation awarded by the
Tribunal is reduced from Rs.10,08,000/- to Rs.7,12,000/- with interest
at the rate of 7.5% per annum from the date of petition. The
appellant/Transport Corporation is directed to deposit the amount
within six weeks from the date of receipt of a copy of this order. After
deposit, the first and second respondents/claimants are at liberty to
withdraw the same along with proportionate interest and costs after
following due process of law. If the appellant deposited excess
amount, they are permitted to withdraw the excess amount.
8.In the result, this civil miscellaneous appeal is partly allowed.
No costs. Consequently, connected miscellaneous petition is closed.
16.12.2021
Index :yes/No
Internet:yes/No
gns
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
CMA.(MD)No.786 of 2019
To
The Motor Accident Claims Tribunal/Chief Judicial Magistrate Court,
Kanyakumari District at Nagercoil.
https://www.mhc.tn.gov.in/judis
CMA.(MD)No.786 of 2019
S.ANANTHI,J
gns
CMA.(MD)No.786 of 2019
16.12.2021
https://www.mhc.tn.gov.in/judis
