Madras High Court
The Managing Director vs K.Sundari on 26 February, 2021
C.M.A.No.567 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.567 of 2021
and
C.M.P.No.3532 of 2021
The Managing Director
Tamil Nadu State Transport Corporation
Limited, Division II
Rangapuram, Vellore-9. .. Appellant
Vs.
1.K.Sundari
2.P.Kumar .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the judgment and decree dated 22.08.2019
made in M.C.O.P.No.683 of 2016 on the file of the Motor Accident Claims
Tribunal, District and Sessions Court, (Additional District Court, Fast Track
Court), Kanchipuram.
1/9
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C.M.A.No.567 of 2021
For Appellant : Mr.K.J.Sivakumar
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the
appellant/Transport Corporation to set aside the award dated 22.08.2019
made in M.C.O.P.No.683 of 2016 on the file of the Motor Accident Claims
Tribunal, District and Sessions Court, (Additional District Court, Fast Track
Court), Kanchipuram.
2.The appellant/Transport Corporation is respondent in
M.C.O.P.No.683 of 2016 on the file of the Motor Accident Claims Tribunal,
District and Sessions Court, (Additional District Court, Fast Track Court),
Kanchipuram. The respondents filed the said claim petition claiming a sum of
Rs.25,00,000/- as compensation for the death of their son viz., K.Sathish,
who died in the accident that took place on 05.07.2016.
3. According to the respondents, on the date of accident i.e., on
05.07.2016, at about 8.20 p.m., while the deceased Sathish was riding in his
Appache motorcycle along with one pillion rider from Oragadam Royal
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C.M.A.No.567 of 2021
Enfield Company towards his house on Walajabad to Kancheepuram
Highways on the extreme left side of the mud road, near opposite to
C.N.Annadurai House at Little Kancheepuram, the driver of the bus, who was
plying from Vellore towards Tambaram in the opposite direction, drove the
same in a rash and negligent manner, suddenly turned wrong side of the road,
hit the motorcycle driven by the said Sathish and caused the accident. In the
accident, the said Sathish sustained fatal injuries and died on the spot.
Therefore, the respondents filed the claim petition claiming compensation
against the appellant/Transport Corporation.
4.The appellant/Transport corporation filed counter statement denying
the averments made by the respondents and contended that the Registration
number of the bus was not mentioned in the F.I.R., but it was mentioned that
an unknown Government bus hit against the motorcycle of the deceased
Sathish. The appellant has not received any information from the Police
Station with regard to the accident. On the date of accident, the bus belonging
to the appellant/Transport Corporation was not involved in the accident.
Therefore, the appellant is not liable to pay any compensation to the
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C.M.A.No.567 of 2021
respondents. In any event, the total compensation claimed by the respondents
is excessive and prayed for dismissal of the claim petition.
5.Before the Tribunal, the 1st respondent, mother of the deceased
Sathish examined herself as P.W.1, one Thangaraj, eye-witness to the
accident was examined as P.W.2 and five documents were marked as Exs.P1
to P5. The appellant/Transport Corporation examined one Balakumar,
Assistant Manager of the Transport Corporation, as R.W.1, but did not file
any document.
6.The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the bus belonging to the appellant/Transport Corporation and
directed the appellant/Transport Corporation to pay a sum of Rs.12,79,600/-
as compensation to the respondents.
7.To set aside the said award dated 22.08.2019 made in
M.C.O.P.No.683 of 2016, the appellant/Transport Corporation has come out
with the present appeal.
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C.M.A.No.567 of 2021
8.The learned counsel appearing for the appellant/Transport
Corporation contended that the Tribunal failed to note that the 1st respondent
has not seen the occurrence. Mere registering of F.I.R. against the driver of
the bus cannot be a ground for fixing negligence on the driver of the Bus. The
Registration number of the bus was not known and hence, the bus belonging
to the appellant was not involved in the accident. The learned counsel further
contended that the Tribunal failed to note that no valid document was filed by
the respondents to prove the age, avocation and income of the deceased. The
Tribunal erred in fixing a sum of Rs.8,000/- as monthly income of the
deceased Sathish, which is excessive. The amounts awarded by the Tribunal
under different heads are excessive and prayed for setting aside the award of
the Tribunal.
9.Heard the learned counsel appearing for the appellant/Transport
Corporation and perused the entire materials available on record.
10.From the materials on record, it is seen that it is the contention of
the respondents that while the deceased Sathish was riding in his motorcycle,
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C.M.A.No.567 of 2021
the driver of the bus belonging to the appellant/Transport Corporation
drove the same in a rash and negligent manner, hit against the motorcycle
driven by the deceased and caused the accident. To substantiate this
contention, the 1st respondent examined herself as P.W.1, eye-witness to the
accident examined as P.W.2, deposed about the manner of the accident and
marked F.I.R. as Ex.P1, which was registered against the driver of the bus.
The appellant has not examined the driver of the bus or has not let in any
contra evidence to disprove the evidence of the respondents. The Tribunal
considering the evidence of P.W.1, P.W.2 and F.I.R., held that the accident
has occurred due to rash and negligent driving by the driver of the bus
belonging to the appellant. There is no error in the said finding of the
Tribunal warranting interference by this Court.
11.As far as quantum of compensation is concerned, it is the case of the
respondents that the deceased Sathish was working as a Production Planning
Executive in Royal Enfield Private Company at Oragadam and was earning a
sum of Rs.30,000/- per month at the time of accident. The respondents
marked the salary certificate as Ex.P5 to prove the avocation and income. But
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C.M.A.No.567 of 2021
the respondents have not examined the author of Ex.P5. In the absence of any
valid document to prove the income, the Tribunal fixed a sum of Rs.8,000/-
per month as notional income of the deceased. The accident is of the year
2016 and the monthly income fixed by the Tribunal is meagre. The Tribunal
fixed the age of the deceased as 23 years, applied multiplier '18', granted 40%
enhancement towards future prospects, deducted 50% towards personal
expenses and awarded compensation towards loss of dependency, which is
not excessive. The total compensation awarded by the Tribunal is also not
excessive warranting interference by this Court.
12. In the result, this Civil Miscellaneous Appeal is dismissed and the
sum of Rs.12,79,600/- 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 entire award
amount along with interest and costs, less the amount already deposited, if
any, within a period of twelve weeks from the date of receipt of a copy of this
judgment. On such deposit, the respondents are permitted to withdraw their
respective share of the award amount, as per the apportionment fixed by the
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C.M.A.No.567 of 2021
Tribunal along with proportionate interest and costs, less the amount if any,
already withdrawn. Consequently, connected Miscellaneous Petition is
closed. No costs.
26.02.2021
Index : Yes / No
kj
To
1.The District and Sessions Judge
(Motor Accident Claims Tribunal),
Additional District Court, Fast Track Court
Kanchipuram.
2.The Section Officer,
VR Section,
High Court,
Chennai.
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C.M.A.No.567 of 2021
V.M.VELUMANI,J.
Kj
C.M.A.No.567 of 2021
and
C.M.P.No.3532 of 2021
26.02.2021
https://www.mhc.tn.gov.in/judis/
