Madras High Court
The Managing Director vs Vasantha on 26 February, 2021
C.M.A.No.544 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.544 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Division – I, No.12, Ramakrishna Road,
Salem – 636 007. .. Appellant
Vs.
1.Vasantha
2.Sathyabama
3.Sangeetha
4.Minor. Ramya
(Minor 4th respondent is represented by
her mother, Vasantha, 1st respondent herein)
5.Kanthayee .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
14.02.2012 made in M.C.O.P.No.62 of 2008 on the file of the Motor
Accidents Claims Tribunal, Sub Court, Sankari.
For Appellant : Mr.D.Venkatachalam
1/7
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C.M.A.No.544 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 14.02.2012 made in M.C.O.P.No.62 of 2008 on the file of the Motor
Accidents Claims Tribunal, Sub Court, Sankari.
2.The appellant is the respondent in 14.02.2012 made in
M.C.O.P.No.62 of 2008 on the file of the Motor Accidents Claims Tribunal,
Sub Court, Sankari. The respondents filed the above said claim petition
claiming a sum of Rs.10,00,000/- as compensation for the death of one
Rajamanickam, who died in the accident that took place on 17.03.2006.
3.According to respondents, on 17.03.2006 at about 05.00 P.M., while
the deceased Rajamanickam was driving the bicycle on the extreme left side of
the Salem – Tiruchengodu road near Manuvakattupalayam Cross Road, the
driver of the bus bearing Registration No.TN 27 N 1592 belonging to
appellant-Transport Corporation, drove the bus in a rash and negligent
manner and dashed against the bicycle driven by the deceased and caused the
accident. In the accident, the said Rajamanickam sustained injuries on his
head and face and was taken to Erode Trust Hospitals, Erode. Inspite of
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C.M.A.No.544 of 2021
treatment, the said Rajamanickam succumbed to injuries on 02.05.2007.
Therefore, the respondents filed the said claim petition claiming a sum of
Rs.10,00,000/- as compensation for the death of Rajamanickam, against the
appellant-Transport Corporation.
4.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.8,50,000/- as compensation to
the respondents.
5.Challenging the quantum of compensation awarded by the Tribunal
in the award dated 14.02.2012 made in M.C.O.P.No.62 of 2008, the
appellant-Transport Corporation has come out with the present appeal.
6.The learned counsel appearing for the appellant contended that the
respondents did not file any documents to prove the age, avocation and
income of the deceased. 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
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C.M.A.No.544 of 2021
notional income of the deceased is excessive. The respondents are not entitled
to Rs.2,56,300/- as compensation towards medical expenses which has not
been corroborated by bills. In any event, the total compensation awarded by
the Tribunal at Rs.8,50,000/- is highly excessive and prayed for setting aside
the award passed by the Tribunal.
7.Heard the learned counsel appearing for the appellant-Transport
Corporation and perused the entire materials on record.
8.From the materials available on record, it is seen that it is the claim of
the respondents that the deceased was aged 45 years, was an Agriculturist
and doing Milk Vending Business and was earning a sum of Rs.10,000/- per
month at the time of accident. To prove the said contention, the respondents
examined one Palanivel as P.W.3. P.W.3 deposed that he and the deceased
were doing Real Estate Business and was earning a sum of Rs.10,000/- each.
Except oral evidence, the respondents have not let in any material evidence to
prove the avocation and income of the deceased. In the absence of any
material evidence with regard to avocation and income, the Tribunal
considering the age and nature of work done by the deceased, fixed a sum of
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C.M.A.No.544 of 2021
Rs.4,500/- per month as notional income of the deceased. The accident
occurred in the year 2006 and the monthly income fixed by the Tribunal is not
excessive. The deceased was aged 45 years at the time of accident. 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], the Tribunal rightly applied multiplier '17'. There are five
dependants of the deceased. The Tribunal has rightly deducted 1/4th towards
personal expenses of the deceased and awarded a sum of Rs.5,67,000/- as
compensation towards loss of income and the same is not excessive. The
Tribunal considering the fact that the deceased Rajamanickam has taken
treatment in the Hospital from 17.03.2006 to 02.05.2007, awarded a sum of
Rs.2,56,300/- towards medical expenses as per Ex.P9/medical bills and the
same is in order. The Tribunal considering the entire materials on record, has
awarded a sum of Rs.8,50,000/- as compensation to the respondents, which is
not excessive warranting interference by this Court.
9.In the result, this Civil Miscellaneous Appeal is dismissed and a sum
of Rs.8,50,000/- awarded by the Tribunal as compensation to the
respondents, along with interest and costs is confirmed. The appellant-
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C.M.A.No.544 of 2021
Transport Corporation is directed to deposit the award amount along with
interest and costs, less the amount 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.62 of 2008 on the file of the Motor Accidents Claims
Tribunal, Sub Court, Sankari. On such deposit, the respondents 1 to 3 & 5 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. The share of the minor 4 th
respondent is directed to be deposited in any one of the Nationalized Banks,
till the minor 4th respondent attains majority. On such deposit, the 1st
respondent, being the Mother of the minor 4th respondent is permitted to
withdraw the accrued interest once in three months for the welfare of the
minor 4th respondent. No costs.
26.02.2021
krk
Index : Yes / No
Internet : Yes / No
V.M.VELUMANI, J.
http://www.judis.nic.in
C.M.A.No.544 of 2021
krk
To
1.The Subordinate Judge,
Motor Accidents Claims Tribunal,
Sankari.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.544 of 2021
26.02.2021
http://www.judis.nic.in
