Madras High Court
The Managing Director vs Chandra on 21 December, 2021
C.M.A.(MD)No.187 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.187 of 2019
and
C.M.P.(MD)No.2483 of 2019
The Managing Director,
Tamil Nadu State Transport Corporation,
Having Office at
New Railway Station Road,
Kumbakonam. ...Appellant/1st Respondent
Vs.
1.Chandra
2.Radha Krishnan ...1st&2nd Respondent/Petitioners
3.Sasikala ...3rd Respondent/2nd Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the award and decree in M.C.O.P.No.1144 of
2017, dated 07.07.2018 on the file of the Motor Accidents claims
Tribunal/Special District Court, Thanjavur.
For Appellant :Mr.P.Prabhakaran
For R1 – R2 :Mr.K.M.Karunakaran
For R3 :No Appearance
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.187 of 2019
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
and decree made in M.C.O.P.No.1144 of 2017, dated 07.07.2018 on the file
of the Motor Accidents claims Tribunal/Special District Court, Thanjavur.
2.It is a case of fatal accident. On 15.02.2009 at 3.20 p.m., while the
deceased Dinakaran was proceeding in a two wheeler, bearing Registration
No.TN-50-Y-0500 from Thanjavur – Sonappettai main road, at that time, in
front of the above said vehicle, the driver of the appellant's vehicle, viz., Bus,
bearing Registration No.TN-49-N-1381, drove the vehicle in a rash and
negligent manner and suddenly stopped the vehicle without showing any
signal. Due to the sudden break, the above said Dinakaran's two wheeler
dashed against the appellant's vehicle. Due to the impact of which, he
sustained severe injuries and immediately he was taken to the hospital and on
the way to the hospital he died.
3.The claimants have filed a claim petition in M.C.O.P.No.1144 of
2017 on the file of the Motor Accident Claims Tribunal/Special District
Court, Thanjavur, seeking compensation of Rs.60,00,000/-.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.187 of 2019
4.Before the Tribunal, on the side of the claimants, two witnesses were
examined as P.W.1 and P.W.2 and marked seventeen documents as Exs.P1 to
P17. On the side of the respondents, no witness was examined and no
document was marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
respondents and also on appreciating the evidences on record, held that the
accident occurred only, due to the rash and negligent driving of the driver of
the appellant's bus and directed the appellant herein to pay a sum of
Rs.23,14,000/- 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 first and second respondents. No
representation for the third respondent.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.187 of 2019
8.The learned counsel for the appellant contended that the entire
negligence is on the rider of the two wheeler, who drove the motorcycle
bearing Registration No.TN-50-Y-0500 in a rash and negligent manner,
without following the traffic rules and regulations, trying to over take the
appellant's bus, lost his control, dashed on the back side of the appellant's
bus and invited the accident. Hence, the deceased was solely responsible for
the accident. But the Tribunal has fixed entire negligence on the part of the
driver of the appellant Transport Corporation. Further, the compensation
awarded by the Tribunal is excessive.
9.On perusal of records it is seen that there is no evidence to show that
due to the rash and negligent riding of the two wheeler, the accident was
occurred. The F.I.R. registered against the driver of the bus and an eye
witness also examined as P.W.2. As per his evidence, the bus was stopped
suddenly without showing any signal and the two wheeler dashed on the
back side of the bus. No contra evidence to show that the rider of the two
wheeler is responsible for the accident. So in all aspect the Tribunal has
rightly fixed the liability on the driver of the bus.
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C.M.A.(MD)No.187 of 2019
10.As far as quantum of compensation is concerned, on the basis of
Ex.P7- salary certificate of the deceased, the Tribunal has fixed Rs.13,750/-
as monthly income. But the authenticity of the certificate was not examined.
But the appointment letter was also marked as Ex.P5, so monthly income
fixed by the Tribunal is correct. Since the deceased was working in a private
concern this Court added only 40% for future prospectus and 1/4th of the
income deducted by the Tribunal towards the personal expenses of the
deceased is confirmed. Therefore, the notional income of the deceased
arrived at Rs.19,250/- (Rs.13,750/- + Rs.5,500/-) and 1/3th of the income
deducted, it would amount to Rs.19,250/- x 1/3 deduction = Rs.12,833/-.
Further 20% deduction of income tax and multiplier '17' adopted by the
Tribunal is also hereby confirmed. Thus, the loss of dependency would come
to Rs.10,266/- x 12 x 17 = Rs.20,94,264/-. All the other heads awarded by
the Trial Court are hereby confirmed.
11.Accordingly, the claimants are entitled for compensation as follows:
Sl. Compensation heads Details of amount
No.
1. Loss of Income Rs.20,94,264/-
2. Loss of Consortium Rs. 40,000/-
3. Loss of Estate Rs. 15,000/-
4. Funeral Expenses Rs. 15,000/-
Total Rs. 21,64,264/-
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.187 of 2019
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.23,14,000/- to Rs.21,64,264/-
(iii) The appellant/State Transport Corporation is directed to deposit
the compensation amount now fixed by this Court i.e., Rs.21,64,264/-
(Rupees Twenty one lakh sixty four thousand two hundred and sixty four
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.1144 of 2017 on the file of the Motor Accidents Claims
Tribunal/Special District Judge, Thanjavur, within a period of twelve weeks
from the date of receipt of a copy of this order.
(iv) On such deposit being made, the claimants are permitted to
withdraw the same by filing necessary application before the Tribunal.
Consequently, connected Miscellaneous Petition is closed.
21.12.2021
Index :Yes/No
Internet:Yes/No
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.187 of 2019
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/
Special District Court,
Thanjavur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.187 of 2019
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.187 of 2019
and
C.M.P.(MD)No.2483 of 2019
21.12.2021
https://www.mhc.tn.gov.in/judis
