Tamil Nadu State Transport ... vs S.Jothi
2021 Latest Caselaw 5264 Mad

                                                                             C.M.A.No.579 of 2021

                                IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 01.03.2021

                                                      CORAM:

                                THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                              C.M.A.No.579 of 2021


                    Tamil Nadu State Transport Corporation
                    Represented by the Managing Director
                    TSTC Depot, Dharmapuri.                                  .. Appellant


                                                       Vs.
                    1.S.Jothi

                    2.S.Vinupriya

                    3.S.Reakha                                               .. Respondents


                    Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor

                    Vehicles Act, 1988, to set aside the judgment and decree dated 10.07.2012

                    made in M.C.O.P.No.807 of 2009 on the file of the Motor Accident Claims

                    Tribunal, Additional District and Special Court for EC Act Cases, Salem.

                                      For Appellant     : Mr.D.Venkatachalam




                    1/7


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                                                                               C.M.A.No.579 of 2021

                                                  JUDGMENT

This Civil Miscellaneous Appeal has been filed by the

appellant/Transport Corporation to set aside the award dated 10.07.2012

made in M.C.O.P.No.807 of 2009 on the file of the Motor Accident Claims

Tribunal, Additional District and Special Court for EC Act Cases, Salem.

2.The appellant/Transport Corporation is respondent in

M.C.O.P.No.807 of 2009 on the file of the Motor Accident Claims Tribunal,

Additional District and Special Court for EC Act Cases, Salem. The

respondents filed the said claim petition claiming a sum of Rs.10,00,000/- as

compensation for the death of one K.Selvaraj, who died in the accident that

took place on 20.10.2008.

3. According to the respondents, on the date of accident i.e., on

20.10.2008 at about 7.00 a.m., while the deceased Selvaraj was driving the

Tourist taxi along with the passengers after the worship of God Vennankudi

Muniappan Koil, the driver of the bus belonging to the appellant/Transport

Corporation, who was coming from Omalur, drove the same in a rash and

http://www.judis.nic.in C.M.A.No.579 of 2021

negligent manner, dashed against the taxi driven by the said Selvaraj and

caused the accident. In the accident, the said Selvaraj sustained fatal injuries

and died on the spot. Therefore, the respondents filed the claim petition

claiming compensation against the appellant/Transport Corporation.

4.The Tribunal, considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent driving by

the driver of the bus belonging to the appellant/Transport Corporation and

directed the appellant/Transport Corporation to pay a sum of Rs.4,50,785/- as

compensation to the respondents.

5.Challenging the quantum of compensation awarded by the Tribunal in

the said award dated 10.07.2012 made in M.C.O.P.No.807 of 2009, the

appellant/Transport Corporation has come out with the present appeal.

6.The learned counsel appearing for the appellant/Transport

Corporation contended that the Tribunal failed to note that no valid document

was filed by the respondents to prove the age, avocation and income of the

http://www.judis.nic.in C.M.A.No.579 of 2021

deceased. The Tribunal erred in fixing a sum of Rs.72,000/- per annum as

income of the deceased, which is excessive. The amounts awarded by the

Tribunal under different heads are excessive and prayed for setting aside the

award of the Tribunal.

7.Heard the learned counsel appearing for the appellant/Transport

Corporation and perused the entire materials available on record.

8.It is the case of the respondents that the deceased Selvaraj was

working as a driver in Tourist taxi and was earning a sum of Rs.6,000/- per

month at the time of accident. The respondents marked driving license of the

deceased as Ex.P5 to prove his avocation. In the absence of any material

evidence to prove the income of the deceased, the Tribunal fixed a sum of

Rs.6,000/- per month as notional income of the deceased, as claimed by the

respondents. The accident is of the year 2008 and the monthly income fixed

by the Tribunal is not excessive. The Tribunal fixed the age of the deceased as

58 years as per Ex.P2/Post-mortem certificate, applied multiplier '9' and

deducted 1/3rd towards personal expenses, which are proper. The Tribunal

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failed to grant any enhancement towards future prospects. As per the

judgment of the Hon'ble Apex Court reported in 2017(2)TNMAC 609 (SC)

(National Insurance Company v. Pranay Sethi), the respondents are

entitled to 10% enhancement towards future prospects. The Tribunal has not

awarded any compensation towards loss of consortium and loss of estate. The

amounts awarded by the Tribunal towards funeral expenses and loss of love

and affection are meagre. In view of the above, the compensation awarded by

the Tribunal is not interfered with.

9. In the result, this Civil Miscellaneous Appeal is dismissed and the

sum of Rs.4,50,785/- awarded by the Tribunal as compensation to the

respondents along with interest and costs is confirmed. The

appellant/Transport Corporation is directed to deposit the entire award

amount along with interest and costs, less the amount already deposited, if

any, within a period of twelve weeks from the date of receipt of a copy of this

judgment. On such deposit, the respondents are permitted to withdraw their

respective share of the award amount, as per the apportionment fixed by the

Tribunal along with proportionate interest and costs, less the amount if any,

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already withdrawn. No costs.

01.03.2021

Index : Yes / No kj/gsa To

1.The Additional District Judge and Special Judge for EC Act cases (Motor Accident Claims Tribunal) Salem.

2.The Section Officer, VR Section, High Court, Chennai.

V.M.VELUMANI,J.

http://www.judis.nic.in C.M.A.No.579 of 2021

Kj/gsa

C.M.A.No.579 of 2021

01.03.2021

http://www.judis.nic.in