Madras High Court
The Managing Director vs T.Govindan on 24 February, 2021
C.M.A.No.487 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A. No.487 of 2021
The Managing Director,
Tamilnadu State Transport
Corporation Limited, Salem II Division,
Regional Office,
Dharmapuri. .. Appellant
Vs.
1.T.Govindan
2.Hamsa
3.Malar
4.Easwari .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 05.08.2013, made
in M.C.O.P. No.676 of 2008, on the file of the Additional District Court,
(Motor Accident Claims Tribunal), Dharmapuri.
For Appellant : Mr. D.Venkatachalam
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C.M.A.No.487 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant-
Transport Corporation against the quantum of compensation granted by the
Tribunal in the award dated 05.08.2013, made in M.C.O.P. No.676 of 2008,
on the file of the Additional District Court, (Motor Accident Claims
Tribunal), Dharmapuri.
2.The appellant is the 1st respondent in M.C.O.P. No.676 of 2008, on
the file of the Additional District Court, (Motor Accident Claims Tribunal),
Dharmapuri. The respondents 1 to 3/claimants filed the said claim petition,
claiming a sum of Rs.5,00,000/- as compensation for the death of one
Muniammal who died in the accident that took place on 05.07.2006.
3.According to the respondents 1 to 3, on the date of accident, when
the deceased Muniammal was traveling in a Bus bearing Registration No.TN-
29-N-1571 belonging to the appellant-Transport Corporation at Marandahalli
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C.M.A.No.487 of 2021
Town, near Marandahalli Police Quarters, due to the rash and negligent
driving by driver of the Bus, the deceased fell down from the Bus and the
back wheels of the Bus ran over both the legs of the deceased and thus the
accident occurred. Due to the said accident, the deceased succumbed to fatal
injuries. The accident occurred only due to rash and negligent driving by
driver of the Bus. Hence, the respondents 1 to 3 filed the said claim petition
claiming compensation against the appellant as owner of the Bus involved in
the accident. The 4th respondent, daughter of the deceased, was impleaded as
the 2nd respondent in the claim petition.
4.The appellant-Transport Corporation, filed counter statement and
denied all the averments made by the respondents 1 to 3 in the claim petition.
According to the appellant, on the date of accident, the Bus belonging to
them plied from Dharmapuri to Denkankottai. After alighting and boarding
the passengers in Marandahalli, when the Bus moved further, the passengers
inside the Bus started shouting. Immediately, the driver of the Bus stopped
the Bus and found that the deceased who was standing in the front door steps
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C.M.A.No.487 of 2021
of the Bus jumped from the Bus when the vehicle was in motion. The
accident occurred only due to negligent and unmindful act of the deceased.
The deceased herself invited the accident and hence, the appellant is not
liable to pay any compensation to the respondents. The Police registered FIR
against the driver of the Bus based on the false information. In any event, the
total compensation claimed by the Tribunal is excessive and prayed for
dismissal of the claim petition.
5.Before the Tribunal, the 1st respondent examined himself as P.W.1,
one Muniraj, eye-witness was examined as P.W.2 and 4 documents were
marked as Exs.P1 to P4. The appellant examined one Mahadevaiya as R.W.1,
but did not mark any document.
6.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by driver of the Bus belonging to the appellant-Transport Corporation
and directed the appellant to pay a sum of Rs.4,81,300/- as compensation to
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C.M.A.No.487 of 2021
the respondents.
7.Questioning the quantum of compensation granted by the Tribunal in
the award dated 05.08.2013, made in M.C.O.P. No.676 of 2008, the appellant
– Transport Corporation has come out with the present appeal.
8.The learned counsel appearing for the appellant-Transport
Corporation contended that in the absence of any document by the
respondents to prove the age, avocation and income of the deceased, the
Tribunal erroneously granted excessive amounts as compensation and prayed
for reducing the compensation granted by the Tribunal.
9.Heard the learned counsel appearing for the appellant-Transport
Corporation and perused the materials available on record.
10.From the materials on record, it is seen that it is the contention of
the respondents that at the time of accident, the deceased was aged 50 years,
working as a Vegetable Seller and was earning a sum of Rs.4,500/- per
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C.M.A.No.487 of 2021
month. They failed to prove the avocation and income of the deceased. In the
absence of any materials, the Tribunal fixed a sum of Rs.3,000/- per month as
notional income of the deceased. The accident is of the year 2006.
Considering the year of accident and nature of work done by the deceased,
the notional income fixed by the Tribunal is not excessive. Considering
Exs.P2 and P4 – post mortem certificate and death certificate, the Tribunal
fixed the age of the deceased as 50 years, granted 30% enhancement towards
future prospects, following the judgment of the Hon'ble Apex Court reported
in 2009 (2) TNMAC 1 SC Supreme Court [Sarla Verma & others vs. Delhi
Transport Corporation & another], applied the correct multiplier '13' and
after deducting 1/4th towards personal expenses of the deceased, awarded
compensation towards loss of dependency and the same is proper. The
Tribunal has awarded only meagre amounts of Rs.2,000/- for funeral
expenses and Rs.5,000/- each for loss of love and affection to the
respondents. In view of the above, the compensation awarded by the Tribunal
is not excessive, warranting interference by this Court.
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C.M.A.No.487 of 2021
11.In the result, this Civil Miscellaneous Appeal is dismissed and the
amount awarded by the Tribunal at Rs.4,81,300/- together with interest at the
rate of 7.5% per annum from the date of petition till the date of deposit is
confirmed. The appellant-Transport Corporation is directed to deposit the
award amount along with interest and costs, less the amount 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.676 of 2008. On such deposit,
the respondents are permitted to withdraw their share of the award amount
with proportionate interest and costs, as per the ratio of apportionment fixed
by the Tribunal, after adjusting the amount, if any, already withdrawn, by
filing necessary applications before the Tribunal. No costs.
24.02.2021
Index : Yes/No
gsa
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C.M.A.No.487 of 2021
V.M.VELUMANI, J.,
gsa
To
1.The Additional District Judge,
(Motor Accident Claims Tribunal),
Dharmapuri.
2.The Section Officer,
V.R Section,
High Court, Madras.
C.M.A. No.487 of 2021
24.02.2021
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