The Managing Director vs Antony Grace Juliet
2021 Latest Caselaw 2583 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.360 of 2017
                                                    and
                                           CMP(MD)No.3906 of 2017

                      The Managing Director,
                      The Tamil Nadu State Transport Corporation,
                      Madurai Division – III, Ranithottam,
                      Nagercoil, Kanyakumari District.     : Appellant/2nd Respondent

                                                      Vs.

                      1.Antony Grace Juliet
                      2.Minor Arun Raj
                      3.Minor Anish Raj
                      4.Rosammal                             : R1 to R4/Petitioners
                      5.Pathrose
                        (R5 is the driver of the appellant
                         and that given up)

                      6.The Branch Manager,
                        National Insurance Company Limited,
                        Near Head Post Office Junction,
                        Nagercoil.                        : R5 and R6/R1 and R3

                             PRAYER: Civil Miscellaneous Appeal has been filed under
                      Section 173 of Motor Vehicles Act against the award, dated
                      07.09.2012 made in MCOP No.53 of 2009 on the file of Motor
                      Accident Claims Tribunal (Subordinate Court), Padmanabhapuram.




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

                                   For Appellant         : Mr.P.Prabhakaran

                                   For R1 to R4         : Mr.C.Sankar Prakash

                                   For 5th Respondent   : Given Up

                                   For 6th Respondent   : Mr.V.J.Kumarvel

                                                   JUDGMENT

(Thro' VC)

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

Motor Accident Claims Tribunal (Subordinate Court),

Padmanabhapuram, in MCOP No.53 of 2009, dated 07.09.2012.

2.The brief facts of the case are that on 31.05.2006 at 4.30

pm the deceased John Sundar Raj was riding his Toyota Qaulis Car

TN-74-X-7926 towards Nagercoil and when he was proceeding on

Chettikulam to Parvathipuram Road near Palpannai, the Transport

Corporation Bus TN-49-N-1092 came in the opposite direction in a

rash and negligent manner and hit against the Car. In that process,

the deceased sustained fatal injuries on his head and face and on

the way to the hospital, he succumbed to injury. The claimants,

being the wife, son, daughter and mother of the deceased, sought

compensation of Rs.5,00,000/- on the ground that the driver of the

offending vehicle 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 46 and he was conducting an electrical

stores at Kozhiporvilai and was earning Rs.7,500/- per month. A

criminal case in Crime No.67 of 2006 was registered against the

driver of the offending vehicle by Traffic Police, Kattar, Nagercoil.

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 offending

vehicle was responsible for the accident and awarded

compensation of Rs.5,78,000/- together with interest @ 7.5 % p.a.

Aggrieved by the award of the tribunal, the appellant Transport

Corporation is before this court.

6.Heard both sides and perused the materials available on

record.

http://www.judis.nic.in

7.The manner of the accident and the finding on negligence

are not in dispute and the appeal is confined only to quantum of

compensation awarded by the Tribunal.

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

the tribunal has not applied correct multiplier and 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.

.

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

was 46 years old at the time of accident. Since no reliable

document has been produced to prove the income of the deceased,

the Tribunal fixed the monthly income of the deceased at Rs.4,500/-

and after deducting 1/3rd towards personal and living expenses and

by applying multiplier '13', awarded Rs.4,68,000/- towards loss of

dependency. Further, the Tribunal awarded Rs.60,000/- towards

loss of love and affection, Rs,20,000/- towards loss of consortium to

the 1st claimant; Rs.10,000/- towards loss of estate; Rs.10,000/- for

ambulance charges and Rs.10,000/- towards funeral expenses. In

http://www.judis.nic.in

total, the Tribunal has awarded Rs.5,78,000/- together with

interest @ 7.5% p.a. This court is of the 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.

10.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/ Subordinate Court, Padmanabhapuram, Nagercoil.

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.360 of 2017

04.02.2021

http://www.judis.nic.in