Madras High Court
The Managing Director vs Asutha on 18 June, 2021
C.M.A.No.2001 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.2001 of 2020
and CMP.No.14693 of 2020
(Through Video Conferencing)
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Perambalur. ... Appellant
vs.
1.Asutha
2.Rajagopal
3.Jayamani ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.No.490
of 2017 dated 03.01.2020, on the file of the Motor Accidents Claims
Tribunal, (Principal District Court ) Perambalur.
For Appellant : Mr.K.Ponraj for
Ms.P.Rajathi
For R1 : No Appearance
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C.M.A.No.2001 of 2020
For R2 & R3 : Mr.G.Vigneshwar for
Ms.A.Kayalvizhi
JUDGMENT
The State Transport Corporation is the appellant. It is aggrieved
by the impugned Judgment and Decree dated 03.01.2020, passed by the
Motor Accident Claims Tribunal, (Principal District Court) Perambalur in
M.C.O.P.No..490 of 2017.
2. By the impugned Judgment and Decree, the Tribunal has
awarded a sum of Rs.11,62,000/- together with interest at 7.5% per
annum from the date of filing of the claim petition till the date of deposit,
to the 1st to 3rd respondents/claimants under the following heads:-
Heads Amount
Loss of dependency
Loss of income Rs.6,500
Add : Future [email protected] 40% Rs.2,600/-
------------
Rs.9,100/-
-------------
Annual income x12 (Rs,9,100 x 12) : Rs.1,09,200/-
Less : 1/3 ( Rs.1,09,200 x 1/3) : Rs.72,800/-
Multiplier : 15(Rs.72,800 x15) : Rs.10,92,000/- Rs.10,92,000/-
Loss of consortium Rs. 40,000/-
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C.M.A.No.2001 of 2020
Heads Amount
Loss of estate Rs. 15,000/-
Funeral expenses Rs. 15,000/-
Total Rs.11,62,000/-
3. The accident is said to have taken place on 03.06.2017 at
about 4.45 p.m. The deceased Rajadurai was travelling in a bus bearing
Reg.No.TN-45-N-2864 belonging to the appellant-State Transport
Corporation. It was stated that the driver of the said bus drove the said
bus in a rash and negligent manner with high speed, as a result of which,
the deceaseed Rajadurai was fell down from moving the bus and died on
the spot.
4. In this appeal, the appellant State Transport corporation has
questioned the liability by placing the reliance on the final report filed
befoe the Judicial Magistrate. Pursuant to the FIR – Ex.P.1, wherein the
investigation conducted by the police which reveals that the deceased
himself fell down from moving the bus resulting in fatal injury.
5. In the light of the above investigation report, final report was
filed before the Judicial Magistrate. He therefore submits that the appeal
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C.M.A.No.2001 of 2020
filed by the State Transport Corpoation is liable to be allowed.
6. Defending the impugned Judgment and decree, the learned
counsel for the respondents submits that P.W.2 deposed evidence as an
eyewitness and confirmed that the driver of the appellant State Transport
Corporation had driven the bus in a rash and negligent manner, as a result
of which, the claimant fell up from the bus and died on the spot.
7. A finding of the fact given by the Tribunal cannot be disturbed
in the Appellate proceedings. Therefore, there is no merit in the appeal
filed by the appellant State Transport corporation. Therefore, this appeal
is liable to be dismissed.
8. The appellant-Transport Corporation is therefore directed to
deposit the compensation awarded together with interest at 7.5% per
annum from the date of filing of the claim petition till the date of deposit
and cost as was directed by the Tribunal in the impugned Judgment and
Decree, less any amount already deposited, within a period of six weeks
from the date of receipt of a copy of this Judgment.
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C.M.A.No.2001 of 2020
9. On such deposit, the respondents - claimants are permitted to
withdraw the same together with interest and cost in the same proportion
as was directed by the Tribunal in the impugned Judgment and Decree,
less any amount already withdrawn, by filing suitable applications before
the Tribunal.
10. In view of the above, this Civil Miscellaneous Appeal is
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
18.06.2021
Internet : Yes / No
Index : Yes / No
kkd
C.SARAVANAN,J.
kkd
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Page No 5 of 6
C.M.A.No.2001 of 2020
To:-
The Motor Accident Claims Tribunal,
(Principal District Court )Perambalur.
C.M.A.No.2001 of 2020
18.06.2021
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