The Managing Director vs Ramayyan Asari
2021 Latest Caselaw 2582 Mad

                                                        1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED :04.02.2021

                                                    CORAM:

                            THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI

                                           C.M.A(MD)No.404 of 2017
                                                    and
                                           CMP(MD)No.4381 of 2017


                      The Managing Director,
                      The Tamil Nadu State Transport Corporation,
                      Nagercoil, Agastheswaram Taluk,
                      Kanyakumari District.             : Appellant/2nd Respondent

                                                     Vs.

                      1.Ramayyan Asari
                      2.Pasubathi
                      3.Ajitha
                      4.Sajitha                             : R1 to R4/Petitioners

                      5.Justin Raj
                        (R5 is the driver of the appellant and
                        that given up)

                      6.The Branch Manager,
                        The Oriental Insurance Company Limited,
                        Office at D.D.J Centre, 1st Floor,
                        Opp. To Vadasery Bus Stand,
                        Nagercoil, Agastheeswaram Taluk,
                        Kanyakumari District.              : R5 and R6/Respondents 1 & 3

                             PRAYER: Civil Miscellaneous Appeal has been filed under
                      Section 173 of Motor Vehicles Act against the award, dated
                      04.08.2011 made in MCOP No.23 of 2007 on the file of Motor
                      Accident Claims Tribunal (Sub Court), Padmanabhapuram.



http://www.judis.nic.in
                                                        2

                                   For Appellant        : Mr.P.Prabhakaran
                                   For R1 to R4         : Mr.C.K.M.Appaji
                                   For 5th Respondent   : Given up
                                   For 6th Respondent   : Mr.K.Bhaskaran


                                                   JUDGMENT

(Thro' VC)

Challenge made in this appeal is to the award passed by the

Motor Accident Claims Tribunal (Sub Court), Padmanabhapuram,

in MCOP No.23 of 2007, dated 04.08.2011.

2.The brief facts of the case are that on 31.12.2006 at 2.40

pm, the deceased Ratheesh Kumar @ Reji was riding the motor

cycle TN-74-V-1608 from Kavasthalam Junction to Mamoodu

Junction and while he was nearing opposite of Helen Technical

Institute at Kavasthalam, the TNTSC Bus TN-74-N-0673 came in a

rash and negligent manner in the opposite direction and hit against

the two wheeler. Due to it, the rider of the motor cycle thrown out

and back wheel tyre of the bus run over his head and died on the

spot. The claimants, being the legal heirs of the deceased filed a

claim petition seeking compensation of Rs.10,00,000/- on the

ground that the driver of the Bus was responsible for the accident.

http://www.judis.nic.in

3.The claimants have stated that at the time of the accident,

the age of the deceased was 25 and he was working as 'Carpenter'

and was earning Rs.5,000/- per month. A criminal case in Crime

No.330 of 2006 was registered against the driver of the Bus by

Kulasekharam Police.

4.The claim was opposed by the appellant Transport

Corporation disputing the manner of accident and their liability to

pay compensation.

5.The Tribunal, upon consideration of oral and documentary

evidence, came to the conclusion that the driver of the Bus was

responsible for the accident and awarded compensation of Rs.

4,58,500/- with interest @ 7.5 % p.a. Aggrieved by the award of the

tribunal, the appellant Insurance Company is before this court.

6.Heard both sides and perused the materials available on

record.

7.It is contended by the learned counsel for the appellant that

the tribunal without appreciating the law and facts and evidence

http://www.judis.nic.in

had wrongly fixed the entire responsibility on the part of the driver

of the Transport Corporation Bus and the multiplier adopted by the

tribunal is wrong and further, the quantum of award is on the

higher side, so the quantum is to be reduced. On the other hand,

the learned counsel for the respondents 1 to 4/claimants submitted

that the award is reasonable, which does not warrant any

interference of this court.

.

8.In the instant case, it is not in dispute that the deceased

was working as 'Carpenter'. Since no reliable document has been

produced to prove the monthly income of the deceased at Rs.

5,000/-, considering the facts and circumstance of the case and

after deduction of personal expenses, the tribunal fixed the monthly

income of the deceased at Rs.3,000/- per month and by applying

proper multiplier '11', awarded Rs.3,96,000/- towards loss of

income. Further, the Tribunal awarded Rs.40,000/- towards loss of

love and affection to the claimants 1 to 4; Rs.5,000/- towards

funeral expenses; Rs.7,500/- for transportation and Ambulance

expenses, Rs.5,000/- towards loss of estate and Rs.5,000/- towards

damages to clothes. In total, the Tribunal has awarded Rs.

4,58,500/- together with interest @ 7.5% p.a. This court is of the

http://www.judis.nic.in

considered opinion that the award of the tribunal, based on the

evidence is reasonable and warrants no interference of this court

and the same is confirmed.

9.In the result, the Civil Miscellaneous Appeal is dismissed,

confirming the award of the tribunal. No costs. Consequently,

connected Miscellaneous Petition is closed.

04.02.2021 Index:Yes/No Internet:Yes/No er

To

1.The Motor Accidents Claims Tribunal/ Sub Court, Padmanabhapuram, Kanyakumari District.

2.The Record Keeper, V.R Section, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in

T.KRISHNAVALLI.J.,

er

C.M.A(MD)No.404 of 2017

04.02.2021

http://www.judis.nic.in