Madras High Court
The Managing Director vs Alamelu on 4 February, 2021
1
In the High Court of Judicature at Madras
Dated: 04.02.2021
Coram
The Honourable Mr. Justice D.KRISHNA KUMAR
C.M.A.No.2136 of 2012
and
M.P.No.1 of 2012
The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram Division-1) Ltd.,
No.3/137, Salamedu,
Vazhudhareddy,
Villupuram. ... Appellant
..Vs..
1.Alamelu
2.Pradeep Kumar (Minor)
3.Priyadharshini (Minor)
4.Govindammal
5.Sarangapani ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree passed
by the learned Principal District Judge, (MACT), Puducherry in
M.C.O.P. No.562 of 2008 dated 03.01.2011.
https://www.mhc.tn.gov.in/judis/
2
For Appellant : Mr.C.S.K.Sathish
For Respondents : No Appearance
JUDGMENT
Aggrieved by the award passed by the learned Principal
District Judge, (MACT), Puducherry, the Tamil Nadu State Transport
Corporation (Villupuram Division-1) Ltd., has filed this appeal in
M.C.O.P. No.562 of 2008 dated 03.01.2011.
2. Heard Mr.C.S.K.Sathish, learned counsel appearing on
behalf of the Transport Corporation.
3. The brief facts of the case is as follows:-
a) On 13.09.2007 at about 11.00 p.m., while the deceased
Arumugam was riding his TVS Moped bearing registration No.PY-01-
AE-6756 along the left side of the N.H. Road at Vikravandi, a bus
bearing registration No.TN-32-N-2509 belonging to the appellant
Transport Corporation driven by its driver in a rash and negligent
manner dashed behind the TVS Moped, due to which, he sustained
grievous injuries all over the body. He was admitted in Government
https://www.mhc.tn.gov.in/judis/
Hospital, Villupuram and thereafter shifted to Government Hospital,
Chennai, where the said Arumugam succumbed to the injuries on
15.09.2007. Hence, the legal heirs of the deceased Arumugam,
viz., wife, two minor children and parents had filed a claim petition
claiming a sum of Rs.20 lakhs as compensation.
b) Before the Tribunal, witnesses P.W.1 to P.W.3 were
examined and exhibits A1 to A8 were marked on the side of the
claimant whereas RW1 was examined on the side of the respondent
Transport Corporation and no documents were marked on their
behalf. After considering the oral and documentary evidences, the
Tribunal came to the conclusion that the accident had only occurred
due to the rash and negligent driving of the driver of the Transport
Corporation bus and directed the appellant Transport Corporation to
pay a sum of Rs.7,86,000/- as compensation to the claimants with
interest at the rate of 7.5% p.a. from the date of petition till the
date of realization.
c) The break-up details of the award passed by the Tribunal is
as follows:-
https://www.mhc.tn.gov.in/judis/
S.No. Heads Amount (Rs.)
1 Loss of income 6,73,200
2 Loss of consortium 40,000
3 Loss of love & affection 60,000
4 Funeral expenses 7,500
5 Transportation 5,000
Total 7,85,700/- rounded off to
7,86,000/-
4. Challenging the same, the appellant/Transport corporation
has come forward with the present appeal as against the award
passed by the Tribunal awarding compensation to the tune of
Rs.7,86,000/- with interest at the rate of 7.5% p.a.
5. The learned counsel for the appellant challenged the award
mainly on the ground that the entire liability has to be fixed on the
deceased as their driver has drove the bus in a cautious manner.
He further submitted that the Tribunal had erred in adopting 17
multiplier in the case on hand which seems to be excessive.
According to the learned counsel for the appellant, the amounts
awarded under the various heads is also excessive and therefore,
pleaded to set aside the award passed by the Tribunal and allow the
appeal.
https://www.mhc.tn.gov.in/judis/
6. I have given careful consideration to the submissions made
by the learned counsel for the appellant and also perused the
materials available on record.
7. The first claimant is the wife of the deceased, who was
aged about 28 years at the time of death of her husband
Arumugam, aged 30 years at the time of accident and was running
a Hotel business near Venkateswara College. The Tribunal on
considering both the oral and documentary evidences, has rightly
fixed the monthly income of the deceased at Rs.4,500/- after
deducting 1/4th towards the personal expenses fixed the income at
Rs.3,300/- per month of the deceased family as the dependants are
five in number and based on the age of the deceased at the time of
accident i.e., 30 years, 17 years multiplier has been adopted to
arrive at the loss of income to Rs.6,73,600/-. This Court affirms
that multiplier 17 adopted by the Tribunal by taking the age of the
deceased as 30 is correct as per the II Schedule of the Amended
MV Act, 1988 and also by following the dictum laid down by the
Hon'ble Apex Court in the case of Sarala Verma, 2009 ACJ 1298
(SC) and therefore, is of the view that no interference is required
https://www.mhc.tn.gov.in/judis/
under the said head. Insofar as the other heads are concerned, this
Court opines that the amount awarded under the various heads by
the Tribunal are fair and reasonable considering the age of the wife
and minor children and warrants no interference. In view of the
same, the appeal filed by the Transport Corporation is liable to be
dismissed.
8. Accordingly, the Civil Miscellaneous Appeal is dismissed. It
is brought to the notice of this Court that the entire amount has
been deposited by the appellant/Transport corporation. The
claimants are permitted to withdraw their proportionate share along
with interest, less the amount already withdrawn if any, as per the
apportionment made by the Tribunal on filing appropriate petition.
Consequently, connected Miscellaneous Petition is closed. There
shall be no order as to costs.
04.02.2021
Index: Yes/No.
Internet: Yes/No.
DP
https://www.mhc.tn.gov.in/judis/
To
1.The Principal District Court,
(The Motor Accident Claims Tribunal)
Puducherry.
2.The Record Keeper,
V.R. Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
D.KRISHNA KUMAR.J,
DP
C.M.A.No.2136 of 2012
and
M.P.No.1 of 2012
04.02.2021
https://www.mhc.tn.gov.in/judis/
