Madras High Court
The Managing Director vs R.Kokilavani on 11 November, 2021
CMA(MD).No.731 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD).No.731 of 2021
and
MP.No.6700 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation (Madurai Division),
Bye Pass Road,
Madurai.
... Appellant
Vs.
1.R.Kokilavani
2.Minor R.Santhosh
3.Minor R.Navinkumar
(Minor Respondents 2 and 3 represented through their mother/natural
guardian, the first respondent R.Kokilavani)
4.Ayyasamy
5.Patchayammal ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, to set aside the order dated 11.11.2019 passed in
M.C.O.P.No.11 of 2018 on the file of the Motor Accident claims
Tribunal(V Additional District Court), Madurai.
1/6
https://www.mhc.tn.gov.in/judis
CMA(MD).No.731 of 2021
For Appellant : Mr.P.Prabhakaran
JUDGMENT
The Tamil Nadu State Transport Corporation, the respondent in
MCOP.No.11 of 2018 on the file of the Motor Accidents Claims Tribunal/
V Additional District Court, Madurai has filed the present appeal.
2. The case of the claimant is as follows:
The deceased Rajendran was working as a conductor in the
TNSTC Bus bearing Registration No.TN 58 N 2156. On 23.07.2017, the
said bus proceeding from Usilampatti, the driver of the bu applied sudden
brake, as a result of which the deceased was fell down from the front side of
bus steps and pulled away to few meters in the road. The deceased
sustained multiple fatal injuries all over the body. He was admitted in the
bala hospital for first aid treatment and then referred to Government
Hospital, Usilampatti but on the way to GH Usilampatti he died. According
to the claimant, the rash and negligent driving on the part of the driver of
the bus belonging to the Transport Corporation was the cause of the
accident and hence the Transport Corporation is liable to pay compensation
to him.
https://www.mhc.tn.gov.in/judis
CMA(MD).No.731 of 2021
3. The learned V Additional District Judge / Motor Accident
Claims Tribunal, Madurai, after analysing the evidence on record, awarded
a compensation of Rs.38,16,498/- together with interest at the rate of 7.5%
per annum to the claimants and directed the Transport Corporation to pay
the same. Aggrieved over the orders passed by the Tribunal, Tamil Nadu
State Transport Corporation has filed the present appeal under Section 173
of the Motor Vehicles Act, 1988.
4. Heard Mr.P.Prabhakaran, learned counsel appearing for the
appellant. No appearance on behalf of the respondents.
5. Mr.P.Prabhakaran, learned counsel appearing for the appellant
contended that the deceased wad travelled in the foot board of the bus in a
careless manner and invited the accident and though sufficient evidence
was adduced on the side of the appellant, in this regard and the Tribunal
wrongly fixed the entire negligence on the part of the driver of the bus.
6. In the instant case, the deceased was working as a conductor in
the Appellant/Transport Corporation and he was getting a salary of
Rs.24,076/- per month and the deceased salary was produced for the month
https://www.mhc.tn.gov.in/judis
CMA(MD).No.731 of 2021
of June 2017 and the same was marked as Ex.p5. Hence, the notional
monthly income fixed by the Tribunal is very reasonable. By no stretch of
imagination, the award passed by the Tribunal can be said to be exorbitant
and in the facts and circumstances of the present case, the appeal fails and
is dismissed.
7. In the result,
(i) The Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, the connected Miscellaneous Petition is closed.
(ii) The orders passed by the Tribunal is confirmed.
(iii) The appellant / Transport Corporation is directed to deposit
the compensation awarded by the Tribunal i.e., Rs.38,16,498/- (less the
amount already deposited, if any) together with interest at the rate of 7.5%
per annum from the date of claim petition till the date of deposit to the
credit of MCOP.No.11 of 2018 on the file of the Motor Accident Claims
Tribunal / V Additional District Judge, Madurai within a period of Twelve
weeks from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
CMA(MD).No.731 of 2021
(iv) On such deposit being made, the respondents / claimants are
at liberty to withdraw the same as per the orders passed by the Tribunal,
after following the due process of law. The apportionment made by the
Tribunal shall be kept intact.
11.11.2021
tta
Index : Yes/No
Speaking / Non-speaking order
To
1.The Motor Accidents Claims Tribunal,
V Additional District Judge,
Madurai.
2.VR Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
CMA(MD).No.731 of 2021
S.ANANTHI,J.,
tta
CMA(MD).No.731 of 2021
and
MP.No.6700 of 2021
11.11.2021
https://www.mhc.tn.gov.in/judis
