Madras High Court
The Managing Director vs Madeswari on 23 February, 2021
C.M.A.No.460 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.460 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation,
Bharathipuram, Salem Main Road,
Dharmapuri. .. Appellant
Vs.
1.Madeswari
2.Sivaperumal .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
22.04.2014 made in M.C.O.P.No.16 of 2012 on the file of the Motor
Accidents Claims Tribunal, Sub Court, Harur.
For Appellant : Mr.D.Venkatachalam
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 22.04.2014 made in M.C.O.P.No.16 of 2012 on the file of the Motor
Accidents Claims Tribunal, Sub Court, Harur.
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C.M.A.No.460 of 2021
2.The appellant is the respondent in M.C.O.P.No.16 of 2012 on the file
of the Motor Accidents Claims Tribunal, Sub Court, Harur. The respondents
filed the above said claim petition claiming a sum of Rs.15,00,000/- as
compensation for the death of their son Manikandan, who died in the accident
that took place on 26.09.2011.
3.According to respondents, on 26.09.2011 at about 08.00 hours, while
the deceased Manikandan was riding his motorcycle bearing Registration
No.TN 29 AW 1591 on the Kadathur - Bommidi Road near Thindalanoor
Bridge, the driver of the bus bearing Registration No.TN 57 N 1346
belonging to appellant-Transport Corporation, drove the bus in a rash and
negligent manner from the opposite direction without observing any road
traffic rules in a high speed, lost his control and dashed against the
motorcycle rode by the deceased and caused the accident. In the accident, the
said Manikandan sustained fatal injuries and died on the spot. Therefore, the
respondents filed the said claim petition claiming a sum of Rs.15,00,000/- as
compensation against the appellant-Transport Corporation.
4.The appellant-Transport Corporation filed counter statement and
denied all the averments made by the respondents. The appellant denied the
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C.M.A.No.460 of 2021
manner of accident as alleged by the respondents. According to the appellant,
at the time of accident, while the driver of the bus was driving the bus in a
careful manner by observing all the traffic rules, the deceased only rode his
motorcycle in a rash and negligent manner without observing the traffic rules
in a careless manner at an uncontrollable speed and hit against the front side
of the oncoming bus passing on the Thindalanur narrow Bridge. The driver of
the bus had almost passed the bridge and at that time, the rider of the
motorcycle came very fastly and hit against the bus and invited the accident.
Therefore, the accident has occurred only due to the negligence on the part of
the deceased and not due to the negligence on the part of the driver of the bus
belonging to appellant and hence, the respondents are not entitled to any
compensation as claimed by them. The respondents have to implead the
owner and insurer of the motorcycle rode by the deceased as necessary parties
in the claim petition. The appellant-Transport Corporation denied the age,
avocation and income of the deceased. In any event, the quantum of
compensation claimed by the respondents is highly excessive and prayed for
dismissal of the claim petition.
5.Before the Tribunal, the 2nd respondent examined himself as P.W.1
and one Murali, eyewitness to the accident was examined as P.W.2 and 3
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C.M.A.No.460 of 2021
documents were marked as Exs.P1 to P3. On behalf of the appellant, Nehru,
Conductor of the bus belonging to appellant was examined as R.W.1 and no
document was marked.
6.The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by the driver of the bus belonging to appellant-Transport Corporation
and directed the appellant to pay a sum of Rs.6,14,000/- as compensation to
the respondents.
7.Challenging the quantum of compensation awarded by the Tribunal
in the award dated 22.04.2014 made in M.C.O.P.No.16 of 2012, the
appellant-Transport Corporation has come out with the present appeal.
8.The learned counsel appearing for the appellant contended that the
respondents failed to prove the age, avocation and income of the deceased by
producing valid documents. In the absence of any material evidence to prove
the avocation and income, a sum of Rs.4,500/- per month fixed by the
Tribunal as notional income of the deceased is excessive. The amounts
awarded by the Tribunal towards loss of love and affection and funeral
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C.M.A.No.460 of 2021
expenses are excessive. In any event, the total compensation awarded by the
Tribunal at Rs.6,14,000/- is highly excessive and prayed for setting aside the
award passed by the Tribunal.
9.Heard the learned counsel appearing for the appellant-Transport
Corporation and perused the entire materials on record.
10.From the materials available on record, it is seen that it is the claim
of the respondents that the deceased was aged 23 years, doing Cloth Business
and was earning a sum of Rs.10,000/- per month at the time of accident. But
they failed to prove the said contention. In the absence of any material
evidence with regard to avocation and income, the Tribunal has fixed a sum
of Rs.4,500/- per month as notional income of the deceased. The accident
occurred in the year 2011 and the monthly income fixed by the Tribunal is
meagre. The deceased was a bachelor, aged 23 years at the time of accident.
The Tribunal rightly applied multiplier '18' applied and deducted 50%
towards personal expenses of the deceased. The Tribunal failed to grant any
enhancement towards future prospects. The Tribunal has also not awarded
any amount towards loss of estate. In view of the same, the excessive
amounts awarded by the Tribunal towards loss of love and affection and
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C.M.A.No.460 of 2021
funeral expenses are not interfered with.
11.In the result, this Civil Miscellaneous Appeal is dismissed and a
sum of Rs.6,14,000/- awarded by the Tribunal as compensation to the
respondents, along with interest and costs is confirmed. The appellant-
Transport Corporation is directed to deposit the award amount along with
interest and costs, less the amout if any already deposited, within a period of
twelve weeks from the date of receipt of a copy of this judgment to the credit
of M.C.O.P.No.16 of 2012 on the file of the Motor Accidents Claims
Tribunal, Sub Court, Harur. On such deposit, the respondents are permitted to
withdraw their respective share of the award amount as per the ratio of
apportionment fixed by the Tribunal along with proportionate interest and
costs after adjusting the amount, if any already withdrawn, by filing necessary
applications before the Tribunal. No costs.
23.02.2021
krk
Index : Yes / No
Internet : Yes / No
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C.M.A.No.460 of 2021
To
1.The Subordinate Judge,
Motor Accidents Claims Tribunal,
Harur.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.460 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.460 of 2021
23.02.2021
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