Madras High Court
The Managing Director vs Mariammal on 17 December, 2021
C.M.A.(MD)No.210 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.210 of 2018
and
C.M.P.(MD)No.3293 of 2018
and
C.M.P(MD)No.4671 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation,
Door No.2, Vannarpettai,
Tirunelveli. ...Appellant/Respondent
Vs.
Mariammal ...Respondent/Petitioner
PRAYER: Civil Miscellaneous Petition is filed under Section 173 of Motor
Vehicle Act, to set aside the award and decree made in M.C.O.P.No.1126 of
2015, dated 27.04.2017 on the file of the Motor Accident Claims
Tribunal/Special Sub Court, Tirunelveli.
For Appellant : Mr.P.Prabhakaran
For Respondent: Mr.V.Sasikumar
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.210 of 2018
JUDGMENT
The appellant / Tamilnadu State Transport Corporation the respondent
in M.C.O.P.No.1126 of 2015 on the file of the Motor Accidents Claims
Tribunal/Special Sub Court, Tirunelveli has filed the present appeal. The
respondent/claimant has filed the claim petition under Section 166 of the
Motor Vehicles Act, seeking compensation of Rs.10,00,000/- for the death of
one Premkumar, in a road accident, which occurred on 17.07.2015.
2. It is a case of fatal accident, which took place on 17.07.2015 at
about 8.30 p.m., when the deceased was riding in a motorcycle bearing
Registration No.TN-76-H-4413 from Alangulam – Tirunelveli main road, at
that time, when the motorcycle was reaching near Sivalar Kulam, a bus
bearing Registration No.TN-72-N-1360 came from opposite direction in a
rash and negligent manner dashed against the motorcycle. Due to the impact
of which, the deceased thrown out from the motor cycle and died on the spot.
3.The claimant has filed a petition in M.C.O.P.No.1126 of 2015 on the
file of the Motor Accidents Claims Tribunal/Special Sub Court, Tirunelveli,
seeking compensation of Rs.21,00,000/-.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.210 of 2018
4.Before the Tribunal, on the side of the claimant, two witnesses were
examined as P.W.1 and P.W.2 and marked seven documents as Ex.P1 to
Ex.P7. On the side of the appellant herein, one witness was examined as
R.W.1 and no document was marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsels for the appellant and claimants
and also on appreciating the evidences on record, held that the accident
occurred only, due to the rash and negligent driving of the bus driver and
directed the appellant/State Transport Corporation to pay a sum of
Rs.11,20,000/- as compensation. Against which, the appellant/State Transport
Corporation has preferred this appeal.
6.The learned counsel appearing for the appellant contended that at
that time of accident, the deceased was a minor and 9th standard studying
student, but the Tribunal had wrongly fixed the entire responsibility of the
accident on the part of the driver of the appellant Transport Corporation. He
further contended that without any proof, the Tribunal has wrongly fixed
Rs.6,000/- as notional monthly income and added 50% towards future
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.210 of 2018
prospects and fixed as Rs.9,000/- for monthly salary of the deceased. Hence,
it requires modification.
7.Heard Mr.P.Prabhakaran, the learned counsel appearing for the
appellant and Mr.V.Sasikumar, learned counsel appearing for the respondent
and perused the materials available on record.
8.On perusal of records, it shows that the tribunal has fixed Rs.6,000/-
towards monthly income of the deceased and added 50% towards future
prospectus of the deceased. As per the decision of the Hon'ble Supreme
Court in National Insurance Co. vs Pranay sethi and others reported in
2017 (2) TNMAC 601, 40% should be added towards the future prospects of
the deceased. Therefore, the notional income of the deceased arrived at
Rs.6,000/- + Rs.2,400/- (40% of Rs.6,000/-) = Rs.8,400/-. Since the deceased
was a bachelor at the time of accident, 50% of the income deducted towards
his personal expenses. Therefore, the net income arrived at Rs.4,200/-
(Rs.8,400/- x 50% = Rs.4,200/-). Thus, Rs.4,200/- x 12 x 18 =
Rs.9,07,000/- is calculated as loss of dependency. The Tribunal has wrongly
awarded Rs.1,00,000/- towards loss of love and affection. But in this case
there was only one claimant, this Court awarded Rs.40,000/- for loss of love
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.210 of 2018
and affection. Except the above, all other terms of the award passed by the
Tribunal is confirmed.
9.The award passed by this Court under various heads is extracted
hereunder:
S.No. Head Amount granted
by this court
1. Loss of income Rs. 9,07,000/-
2. Loss of love and affection Rs. 40,000/-
3. Transport Expenses Rs. 10,000/-
5. Funeral Expenses Rs. 25,000/-
6. Shock and Mental Agony Rs. 13,000/-
Total Rs. 9,95,000/-
10.As per Section 4 of Motor Vehicles Act, 1988 the minor has no right
to drive the vehicle. In paragraph No.4 of the said Act, is extracted
hereunder:
4.Age limit in connection with driving of motor vehicles –
(1)No person under the age of eighteen years shall drive a
motor vehicle in any public place:
Provided that [a motor cycle with engine capacity not
exceeding 50 cc] may be driven in a public place by a person
after attaining the age of sixteen years.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.210 of 2018
(2)Subject to the provisions of Section 18, no person under
the age of twenty years shall drive a transport vehicle in any
public place.
(3)No learner's license or driving license shall be issued to
any person to drive a vehicle of the class to which he has made
an application unless he is eligible to drive that class of vehicle
under this section.
11.Eventhough, FIR was registered against the TNSTC bus driver,
there must be some negligent on the part of the deceased. Hence, 10%
liability fixed on the deceased.
12. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The quantum of compensation awarded by the Tribunal is reduced
from Rs.11,20,000/- to Rs.9,95,000/-.
(iii) The appellant/State Transport Corporation is directed to deposit
90% of compensation amount i.e., Rs.8,95,000/- (Rupees Eight lakh ninety
five thousand only), less the amount already deposited, together with interest
at the rate of 7.5% per annum from the date of claim petition till the date of
deposit to the credit of MCOP.No.1126 of 2015 on the file of the Motor
Accidents Claims Tribunal/Special Sub Court, Tirunelveli, within a period of
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.210 of 2018
eight weeks from the date of receipt of a copy of this order.
(iv) On such deposit being made, the respondent/claimant is entitled to
withdraw the same by filing necessary application before the Tribunal.
Consequently, connected Miscellaneous Petitions are closed.
17.12.2021
Index :Yes/No
Internet:Yes/No
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 Accident Claims Tribunal/Special Sub Court,
Tirunelveli.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.210 of 2018
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.210 of 2018
and
C.M.P.(MD)No.3293 of 2018
and
C.M.P(MD)No.4671 of 2021
17.12.2021
https://www.mhc.tn.gov.in/judis
