Madras High Court
The Managing Director vs K.Latha on 7 January, 2021
C.M.A.(MD)No.1 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A.(MD)No.1 of 2021
and C.M.P.(MD)No.40 of 2021
The Managing Director,
Tamilnadu State Transport Corporation,
(Kumbakonam Division II),
Periyamilaguparai, Trichy-1. ... Appellant
Vs.
1.K.Latha
2.Minor K.Padma Sri
3.Minor K.Gayathiri
4.Chinnapillai ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the impugned award passed in
M.C.O.P.No.1331 of 2016 on the file of the MACT (Special District
Judge), Tiruchirapalli dated 30.10.2019.
For appellant : Mr.P.M.Vishnuvarthanan
For respondents : Mr.Chandrasekaran
JUDGMENT
Aggrieved over the quantum of compensation, the appellant/
State Transport Corporation filed this appeal.
2.The only contention made by the learned counsel appearing for
the appellant is that the fixation of the monthly income of Rs.7,500/- for
http://www.judis.nic.in
C.M.A.(MD)No.1 of 2021
the deceased, who is an agriculturist by avocation, is on the higher side
and the consequential dependency compensation of Rs.7,42,000/- is
excessive and arbitrary and therefore, the learned counsel for the
appellant prays for interference. Except above, no other ground was
urged.
3.The learned counsel for the respondents/claimants would state
that the accident is of the year 2014 and the deceased was aged about
32 years old at the time accident and by working as agricultural cooli,
he was earning not less than Rs.10,000/- per month. Therefore,
fixation of monthly income cannot be found fault with.
4.Heard the learned counsel for the appellant and the learned
counsel for the respondents/claimants.
5.On perusal of the records, the respondents/claimants claimed
that the deceased was aged about 32 years at the time of accident and
he was an agriculturist earning Rs.10,000/- per month. However, no
proof has been produced and the Tribunal considering the evidence
available on record, fixed the notional income of the deceased
Rs.7,500/-. Even for a vegetable vendor, the Apex Court in Syed Sadiq
vs. United India Insurance Co.Ltd., reported in 2014 (1) TN MAC
459(SC), has fixed Rs.6,500/- as monthly income, where there was no
http://www.judis.nic.in
C.M.A.(MD)No.1 of 2021
proof of income. In the present case, the deceased was agriculturist
coolie and therefore, fixation of monthly income cannot be said on the
higher side. In my considered opinion, even Rs.7,500/- is less for an
agriculturist. The monthly income fixed by the learned Judge is
reserved. Therefore, I am not inclined to interfere with the quantum of
compensation awarded by the Tribunal. Accordingly, this civil
miscellaneous appeal is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
07.01.2021
Index :Yes/No
Internet :Yes/No
gns
NOTE: In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant concerned.
http://www.judis.nic.in
C.M.A.(MD)No.1 of 2021
J.NISHA BANU,J.
gns
To
1.MACT (Special District Judge), Tiruchirapalli
2.The Record Keeper,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
C.M.A.(MD)No.1 of 2021
07.01.2021
http://www.judis.nic.in
