Madras High Court
M/S.Tamilnadu State Transport vs Benedict Mary on 4 January, 2021
C.M.A(MD)No.719 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A(MD) No.719 of 2020
and
CMP(MD).No.7303 of 2020
M/s.Tamilnadu State Transport
Corporation Limited,
Rep. by its Managing Director,
Ranithottam, Nagercoil,
Agastheeswaram Taluk,
Kaniyakumari District. ... Appellant/2nd respondent
vs.
1. Benedict Mary
2. Seethabhai ... Respondents/Petitioners
3. Kobakumar
4. Krishna Prasad ... Respondents/R1 and R3
5. The Branch Manager,
National Insurance Company Limited,
(Insurer of Motorcycle bearing No.TN 75 C 5787)
Anguvilas Building, Near Head Post Office,
Nagercoil, Agastheeswaram Taluk,
Kaniyakumari District. ... Respondents/R4
http://www.judis.nic.in
1/8
C.M.A(MD)No.719 of 2020
Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
to call for the records relating to the award and decreetal order dated
19.02.2020 passed in M.C.O.P.No.17 of 2017 by the Motor Accident
Claims Tribunal Cum Principal Sub-Court, Nagercoil and to set aside the
same.
For Appellant : Mr.R.Rajamohan
JUDGMENT
This appeal has been filed against the judgment and decree dated
19.02.2020 made in M.C.O.P.No.17 of 2017, on the file of the Motor
Accident Claims Tribunal Cum Principal Sub-Court, Nagercoil.
2. The case of the claimants before the Tribunal:-
The deceased Sam Surjit Singh was riding his motorcycle bearing
registration number TN 75 C 5787, on 29.07.2016, from Nagercoil to
Thuckalay road. When he was nearing the place of occurrence, at about
10.30 p.m., in front of the petrol bunk at Puliyoorkurichi, a bus bearing
registration number TN 74 N 0875 was driven by its driver from the
opposite direction from east to west in rash and negligent manner
without blowing horn and in a very high speed came in the wrong side of
the road and dashed against the deceased. As a result of which, he
http://www.judis.nic.in
C.M.A(MD)No.719 of 2020
sustained injuries and was taken to Thuckalay Government Hospital and
he died on the way to Kanyakumari District Head Quarters Hospital. In
respect of the occurrence, a case in Crime No.669 of 2014 was registered
on the file of Thakkalai Police Station for the offences under Sections
279 and 304(A) IPC against the first respondent/vehicle driver. The
deceased was aged about 35 and was working as Mechanic in a service
station.
3. The deceased was earning Rs.20,000/- per month. The claimants
who are the wife and mother of the deceased claiming compensation
amount of Rs. 40 lakhs, approached the Tribunal.
4. According to the appellant, the deceased failed to wear helmet
and drove the motorcycle from the left of the petrol bunk to right side in
rash and negligent manner, suddenly crossed the National Highway road,
as a result of which, the deceased lost his control and voluntarily hit
against the bus.
5. On the side of the claimants, the wife of the deceased was
examined herself as PW1 and another independent witness was also
http://www.judis.nic.in
C.M.A(MD)No.719 of 2020
examined as PW2 and 13 documents were marked. On the side of the
respondents, no witness was examined and no document was marked.
6. At the conclusion of the enquiry, the Tribunal came to the
conclusion that the accident took place only due to rash and negligent
driving on the part of the first respondent vehicle and liability was fixed
upon the owner of the vehicle. Regarding the compensation, it fixed the
same at Rs. 24,93,490/- with 7.5% interest.
7. Challenging the same, the instant appeal has been preferred by
the Corporation on the ground that the occurrence took place only due to
the negligence on the part of the deceased and the Tribunal ought to have
fixed the notional income of the deceased as Rs.9,000/- instead of Rs.
13,300/-.
8. Insofar as the liability, the Tribunal on appreciation of evidence
and documents on records filed by both sides, particularly the evidence
adduced by PW2, came to the conclusion that the accident took place
only due to rash and negligent driving on the part of the driver of the
respondent/appellant vehicle, who drove the vehicle in the wrong side of
http://www.judis.nic.in
C.M.A(MD)No.719 of 2020
the road and liability was fixed upon the driver of the vehicle. Though
the appellant stated that the Tribunal ought to have fixed contributory
negligence on the deceased, the appellant has not produced any
document to substantiate his claim. It is evident from the award that the
driver of the respondent/appellant vehicle is liable for the accident and I
do not find any reason to interfere with the said finding.
9. Perusal of record shows that the deceased was working as a
Mechanic in a service station and was earning Rs.20,000/- per month and
there was no documentary proof produced in support of the claim. In the
absence of proof, as per the decision in Andal and Others Vs. Avinav
Kanna & Ors., reported in 2019 (1) TNMAC 54 (DB), the Tribunal
fixed the monthly salary of the deceased at Rs.13,300/- per month.
10. The deceased was aged 35 years at the time of accident. The
Tribunal had rightly fixed a minimum monthly income at Rs.13,300/-
and therefore, in my opinion, the monthly income fixed by the learned
Judge is very reasonable and there is no infirmity in the award passed by
the Tribunal.
http://www.judis.nic.in
C.M.A(MD)No.719 of 2020
11. In the result, this Civil Miscellaneous Appeal is dismissed
and the award passed by the Tribunal is confirmed. The
appellant/Transport Corporation is directed to deposit the entire award
amount to the credit of M.C.O.P.No.17 of 2017, on the file of the Motor
Accident Claims Tribunal cum Principal Sub-Court, Nagercoil, less the
amount already deposited, if any, along with interest at the rate of 7.5%
per annum from the date of petition till date of realisation and
proportionate costs, within a period of six weeks from the date of receipt
of a copy of this judgment. On such deposit, the Tribunal is directed to
transfer the said amount and deposit the same to the credit of C.M.A.
(MD)No.17 of 2017, before the Indian Bank, High Court Branch,
Madurai, which amount shall be deposited by the Indian Bank in an
interest bearing account. On such deposit, the major claimants are
permitted to withdraw the entire award amount along with accrued
interest as apportioned by the Tribunal. No costs. Consequently,
connected civil miscellaneous petition is also dismissed.
04.01.2021
Internet : Yes / No
Index : Yes / No
pkn
http://www.judis.nic.in
C.M.A(MD)No.719 of 2020
To
The Managing Director,
M/s.Tamilnadu State Transport
Corporation Limited,
Ranithottam, Nagercoil,
Agastheeswaram Taluk,
Kaniyakumari District.
http://www.judis.nic.in
C.M.A(MD)No.719 of 2020
J.NISHA BANU,J
pkn
C.M.A(MD) No.719 of 2020
04.01.2021
http://www.judis.nic.in
