Madras High Court
The Managing Director vs Amutha on 27 January, 2021
C.M.A.(MD)No.50 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.01.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A(MD)No.50 of 2021
and
C.M.P(MD)No.492 of 2021
The Managing Director,
S.E.T.C.No.2, Pallavan Road,
Chennai. ... Appellant/Respondent
vs.
1. Amutha
2. Natarasu ...Respondents/Claimants
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree made in M.C.O.P.No.51 of
2019 dated 28.06.2019 on the file of the Motor Accident Claims Tribunal
(Additional Sessions Court Court), Karur.
For Appellant : Mr.P.M.Vishnuvarthanan
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant against
the Judgment and Decree made in M.C.O.P.No.51 of 2019 dated 28.06.2019 on the
file of the Motor Accident Claims Tribunal, Additional Sessions Court Court,
Karur.
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C.M.A.(MD)No.50 of 2021
2. The case of the respondents/claimants is that on 27.09.2015 at about
09.00 p.m, the Transport Corporation Bus bearing Registration No.TN 01 AN
0595, which was driven by the driver of the Transport Corporation came from
West to East in a rash and negligent manner dashed against the deceased Mayan @
Perumal, who was standing on the southern side of the road, due to that, the
deceased sustained serious head injury and died on the spot itself. In this regard, a
case in Crime No.694 of 2015 was registered in Karur Town Police Station, for the
offences under Sections 279 and 304(A) of I.P.C. The respondents/claimants, who
are daughter and son of the deceased filed a claim petition in M.C.O.P.No.51 of
2019, on the file of the Motor Accident Claims Tribunal (Additional Sessions
Court Court), Karur, claiming compensation, for the death of their father.
3. Before the Tribunal, the respondents/Claimants examined two
witnesses as P.Ws.1 and 2 and marked ten documents as Ex.P.1 to Ex.P.5. On the
side of the appellant, no witness and document was marked.
4. The Tribunal, after considering the pleadings, oral and documentary
evidence adduced on either side, has held that the driver of the transport
corporation bus was responsible for the accident and consequently, fastened the
liability on the appellant transport corporation to pay compensation of Rs.
5,12,000/- to the respondents/claimants with 7.5% interest per annum. Aggrieved
by the said award, the Transport Corporation has filed this appeal challenging both
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the liability and quantum.
C.M.A.(MD)No.50 of 2021
5. On the aspect of liability, the learned counsel for the appellant would
state that the Tribunal ought to have considered that the deceased by violating the
traffic rules had suddenly crossed the road without noticing the corporation bus,
invited the accident, and therefore, the appellant is not liable to pay the
compensation. As regards quantum quantum, he would state that fixation of
monthly income of the deceased at Rs.6,000/- is erroneous and without any proof.
Except the above, the compensation under other heads are not disputed. learned
counsel for the appellant would submit that even though the deceased did not have
any income proof, the Tribunal has taken notional income of the deceased as Rs.
6,000/- and it is on the higher side and hence, he prays for reduction on the
quantum of compensation and the liability fastened on them is wrong and liable to
be set aside.
6. Heard the learned counsel for the appellant and perused the materials
available on record.
7. Perusal of record shows that the daughter of the deceased examined
herself as PW1 and narrated the manner of accident as averred in the claim
petition. FIR has been registered against the driver of the transport corporation
bus. PW2 who is an eye-witness had stated about the manner of accident. Though
the appellant filed counter in the MCOP denying the manner of accident, they did
not let in any oral or documentary evidence to disprove the manner of accident.
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Therefore, the Tribunal finding that the manner of accident is proved by the
C.M.A.(MD)No.50 of 2021
evidence of PW1 and PW2 and corroborated by Ex.P1-FIR and no rebuttal
evidence was let in by the appellant corporation, held that the driver of the
transport corporation was responsible for the accident. In my considered opinion,
the findings of the Tribunal regarding negligence cannot be said to be perverse or
without evidence and the same is confirmed.
8. As regards quantum, the claimants have claimed that the deceased was
an agricultural coolie and earned Rs.15,000/- per month. However, in the absence
of proof the Tribunal fixed a sum of Rs.6000/- per month as monthly income of the
deceased. In Syed Sadiq vs. United India Insurance Company Ltd., reported in
(2014) 2 SCC 735, even for a vegetable vendor the Hon'ble Supreme Court has
fixed the monthly income at Rs.6,500/- where there was no proof adduced.
Therefore, fixation of monthly income at Rs.6,000/- for an agricultural coolie
cannot be found fault with. The compensation under other heads are not disputed.
9. The appellant/Transport Corporation is directed to deposit the entire
award amount with interest and costs from the date of claim petition till the date of
deposit, less the amount already deposited, if any, to the credit of the claim
petition, within a period of eight weeks from the date of receipt of a copy of this
judgment. On such deposit, the respondents/claimants are permitted to withdraw
their respective shares with proportionate accrued interest as apportioned by the
Tribunal interest without filing formal permission petition before the Tribunal.
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C.M.A.(MD)No.50 of 2021
10. In the result, this Civil Miscellaneous Appeal is dismissed. No
costs. Consequently, the connected miscellaneous petition is closed.
27.01.2021
Index : Yes/No
Internet : Yes/No
pkn
To
1.Motor Accident Claims Tribunal,
(Additional Sessions Court),
Karur.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.(MD)No.50 of 2021
J.NISHA BANU,J.
pkn
C.M.A(MD)No.50 of 2021
and
C.M.P(MD)No.492 of 2021
27.01.2021
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