The Managing Director vs Kuppayee
2021 Latest Caselaw 1307 Mad

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                                      In the High Court of Judicature at Madras

                                                 Dated: 21.01.2021

                                                       Coram

                                   The Honourable Mr. Justice D.KRISHNA KUMAR
                                               C.M.A.No.263 of 2009
                                                       and
                                                 M.P.No.1 of 2009


                     The Managing Director,
                     Tamil Nadu State Transport Corporation Ltd.,
                     Salem.                                                     ... Appellant

                                                      ..Vs..


                     1.Kuppayee

                     2.Shanmugham

                     3.Nallammal

                     4.Valli

                     5.Manjula

                     6.Alammal                                             ... Respondents


                     Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
                     Motor Vehicles Act, 1988, against the judgment and decree passed
                     by the learned Principal District Judge, (MACT), Salem in M.C.O.P.
                     No.725 of 2004 dated 20.06.2005.


                                           For Appellant           : Mr.R.Arunmozhi



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                                                      JUDGMENT

Aggrieved by the award passed by the learned Principal

District Judge, (MACT), Salem in M.C.O.P. No.725 of 2004 dated

20.06.2005, the Tamil Nadu State Transport Corporation (Salem)

Ltd., has filed this appeal.

2. The brief facts of the case are as follows:-

a) On 06.03.2004 at about 3.00 p.m., when the deceased

Karumalai was proceeding towards his home while nearing R.C.

Settipatti MOC Petrol Bunk, the bus bearing registration No. TN-27-

N-0778 driven by its driver in a rash and negligent manner hit the

deceased causing multiple injuries. He was admitted in Bharat

Hospital, Salem and he succumbed to the injuries there after three

days. Hence, the wife, children and mother of the deceased filed

the claim petition claiming a sum of Rs.10 lakhs as compensation

with 9% p.a. interest from the date of petition till the date of

realisation.

b) Before the Tribunal, witnesses P.W.1 to P.W.3 are

examined and Exs.P1 to P9 were marked on the side of the

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claimants. Neither witness were examined nor any exhibits were

marked on the side of the respondents. After considering the oral

and documentary evidence, the Tribunal came to the conclusion that

the accident had occurred only due to the rash and negligent driving

of the driver of the Transport Corporation and awarded a sum of

Rs.4,89,000/- with rate of interest at 9% p.a. as total compensation

to the claimants.

3. Aggrieved over the same, the Transport Corporation has

preferred the present appeal.

4. Though sufficient opportunity was granted to the appellant

to serve notice on the respondents, they failed to comply with the

same. Hence with the consent of the learned counsel for the

appellant, the appeal is taken up today for final disposal.

5. The learned counsel for the appellant submitted that there

is no negligent on the part of the driver of the Transport Corporation

and also the amount awarded by the Tribunal is also on the higher

side. He further contended that on these grounds, the compensation

amount awarded by the Tribunal is liable to be set aside.

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6. On perusal of Ex.A1/first inquest report reveals that the

accident had occurred only due to the rash and negligent driving of

the driver of the Transport Corporation. No contrary material has

been placed by the Transport Corporation to disprove the said

findings. Therefore, this Court holds that the Tribunal has rightly

came to the conclusion that the accident had happened only due to

the negligent act of the driver of the Transport Corporation. Insofar

as the contention raised by the appellant in respect of quantum of

award passed by the Tribunal is excessive is concerned, it reveals

from the records that the deceased was engaged in self

employment at the time of accident such as agriculture, running

mechanic shop, holding 10 pattuthari and karumbalai crusher to

maintain his livelihood as well as his family. The Tribunal after

considering his employment as well as his family background had

fixed the monthly income of the deceased at Rs.5,000/- per month

though the claimants have stated that he was earning more than

Rs.10,000/- per month which seems to be reasonable. After

deducting 1/3rd towards his personal expenses arrived his annual

income at Rs.40,000/-. Considering the age of the deceased as 54

years at the time of accident, adopted 11 years multiplier as per the

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II Schedule of the Amended MV Act, 1988 and following the dictum

laid by the Hon'ble Apex Court in Sarala Verma's case [2009 ACJ

1298 (SC)], arrived at the loss of income at Rs.4,40,000/-. Under

the other heads, the Tribunal had awarded a sum of Rs.42,000/-

towards medical expenses as per Ex.A4, Rs.2000/- towards funeral

expenses and Rs.5000/- towards loss of consortium, which seems to

be fair and reasonable. Moreover, the Tribunal had not awarded

any amount towards loss of love and affection for his children and

mother. Therefore, this Court is of the view that the amount

awarded by the Tribunal warrants no interference and the appeal is

liable to be dismissed.

7. Accordingly, the Civil Miscellaneous Appeal is dismissed.

Consequently, connected Miscellaneous Petition is closed. There

shall be no orders as to costs.

21.01.2021

Index: Yes/No.

Internet: Yes/No.

DP

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D.KRISHNA KUMAR.J,

DP

To

1.The Principal District Court, (The Motor Accident Claims Tribunal) Salem.

2.The Record Keeper, V.R. Section, High Court, Madras.

C.M.A.No.263 of 2009 and M.P.No.1 of 2009

21.01.2021

https://www.mhc.tn.gov.in/judis/