Madras High Court
The Managing Director vs Saraswathi on 18 November, 2021
C.M.A.No.3242 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.3242 of 2021
and
C.M.P.No.18455 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation,
Villupuram. ... Appellant
Vs.
1.Saraswathi
Mannu (deceased)
2.Manickammal
3.Minor Kalaiyarasi
4.Minor Tamilselvan
3rd and 4th petitioners are represented by the guardian mother, the first petitioner.
... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
1/8
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C.M.A.No.3242 of 2021
Vehicles Act 1988, against the judgment and decree dated 01.10.2018 made in
M.C.O.P.No.616 of 2016 on the file of the Motor Accident Claims Tribunal, the
Subordinate Court, Gingee.
For Appellant : Mr.Varunkumar Manonidhi for
Mr.Sivakumar K.J.
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
This Civil Miscellaneous Appeal arises out of the order passed by the
Motor Accident Claims Tribunal cum Sub Ordinate Court, Gingee, in
M.C.O.P.No.616 of 2016, dated 01.10.2018.
2.For the sake of convenience, parties are referred to as per their ranking in
the claim petition.
3.It is the case of the claimants that the deceased was working as an
Architect and on 17.12.2016, he was travelling from Singaperumal Koil to
Chengalpattu in Honda 110 Two Wheeler bearing Registration No.TN 19 R 4032.
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C.M.A.No.3242 of 2021
While so, at about 05.45 p.m., a bus belonging to the appellant Transport
Corporation bearing registration No.TN-32-N-4007, which was proceeding from
Chennai to Chidambaram, hit the two wheeler and due to which, he sustained
grievous injuries on his head and died at the spot. According to the claimants, the
accident occurred due to the rash and negligent driving of the driver of the
appellant Transport Corporation bus, hence they are entitled for compensation of
Rs.1,00,00,000/-.
4.The appellant Transport Corporation filed their counter disputing the
manner of accident, age, avocation and income of the deceased and its liability to
pay the compensation. It was also contended that the compensation claimed by
the claimants is excessive and imaginary.
5.To substantiate the case, on the side of the claimants, P.Ws.1 and 2 were
examined and Ex.P.1 to Ex.P.3 were marked. On the side of the respondent,
R.W.1 was examined, but no documents were produced.
6.On appreciation of evidence, the Tribunal has come to the conclusion that
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C.M.A.No.3242 of 2021
the said accident occurred due to the rash and negligent driving of the driver of the
appellant Transport Corporation. Therefore, an amount of Rs.27,08,512/- has
been awarded under various heads, along with interest at the rate of 7.5% from
the date of claim petition till the date of realisation.
7.Assailing the above award passed by the Tribunal, the appellant Transport
Corporation has filed the present appeal.
8.The learned counsel for the appellant Transport Corporation has
contended that the monthly income fixed by the Tribunal is on the higher side.
Further, the amount awarded by the Tribunal under other heads are also very
high, which needs reduction.
9.This Court carefully considered the submissions of the learned counsel for
the appellant Transport Corporation and perused the materials available on record.
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C.M.A.No.3242 of 2021
10. This appeal has been filed challenging the quantum, hence, the other
issues need not be dealt with herein.
11. In the instant case, it is not in dispute that the deceased Sampath met
with an accident and died on 17.12.2016 and his legal heirs, viz., his wife, 2
minor children and parents, are the claimants. In the claim petition, it has been
clearly stated that the deceased died at the age of 33 years and he was earning
Rs.12,215/- per month. The Tribunal after verifying the salary certificate of the
deceased, which was marked as Ex.P3 had taken the income of the deceased as
Rs.12,215/- per month and added 50% towards future prospects and fixed income
at Rs.18,323/- [12,215 + 6,108]. Hence, the total annual income was fixed as
Rs.2,19,876/-. Out of the total annual income, 1/4 of the amount was deducted
towards personal expenses and it comes to Rs.1,64,907/-. Then, considering the
age of the deceased, multiplier "16" was applied and the total loss of income was
arrived at Rs.26,38,512/- [164907x 16]. In addition to that, the Tribunal awarded
a sum of Rs.15,000/- towards Loss of Estate; Rs.40,000/- towards Loss of
Consortium and Rs.15,000/- towards Funeral Expenses. In total, the Tribunal has
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C.M.A.No.3242 of 2021
awarded a sum of Rs.27,08,512/- along with interest at 7.5% from the date of
claim petition till the date of deposit. In our considered view, the award of the
Tribunal is fair and reasonable, which does not warrant interference by this Court.
In fine, the award is confirmed and the appeal is liable to be dismissed.
12.In such view of the matter, this Civil Miscellaneous Appeal is dismissed
as devoid of merits. The appellant Transport Corporation is directed to deposit the
entire award amount with accrued interest and costs, less the amount already
deposited, if any, within a period of eight weeks from the date of receipt of a copy
of this order. On such deposit, the claimants are permitted to withdraw their share
as apportioned by the Tribunal, less the amount already withdrawn, if any,
together with proportionate interest and costs. Insofar as the minor claimants 4 &
5 are concerned, their respective shares shall be deposited by the Tribunal in any
Fixed Deposit Scheme in any one of the Nationalised Bank and it shall be
renewed periodically till they attain majority and the interest accrued thereon shall
be withdrawn by the first claimant/mother, once in three months. No costs.
Consequently, connected Miscellaneous Petition is closed.
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C.M.A.No.3242 of 2021
[M.K.K.S.,J.] [V.S.G.,J.]
18.11.2021
Intex : Yes/No
Internet : Yes/No
Speaking order/Non-speaking order
Jer
To
1.The Motor Accident Claims Tribunal cum Sub Ordinate Court
Gingee.
2.V.R.Section,
Madras High Court,
Chennai.
K.KALYANASUNDARAM, J.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3242 of 2021
and
V.SIVAGNANAM, J.
Jer
C.M.A.No.3242 of 2021
and
C.M.P.No.18455 of 2021
18.11.2021
https://www.mhc.tn.gov.in/judis
