Madras High Court
Tamilnadu State Transport vs Jothimani on 8 October, 2021
CMA.No.2866 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No. 2866 of 2021
and
C.M.P. No.16480 of 2021
Tamilnadu State Transport
Corporation (Kumbakonam),
Rep. by its Managing Director,
Trichy Region, Periyamilaguparai,
Trichy - 1. ... Appellant
Vs.
1. Jothimani
2. Sangeetha
3. Mageshwari
4. Pazhani
5. Pazhanal
...Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Judgment and decree dated 09.04.2021
made in M.C.O.P. No. 1641 of 2016 on the file of the Special Motor
Accident Claims Tribunal, Presiding Officer, Tirppur.
For Appellant : Mr. L.Ramanathan
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CMA.No.2866 of 2021
JUDGMENT
This Appeal has been filed by the Appellant Transport Corporation
challenging the award dated 09.04.2021 passed by the Motor Accident
Claims Tribunal, Presiding Officer, Tirppur in M.C.O.P. No. 1641 of
2016.
2. The Appellant Transport Corporation has challenged the
impugned award questioning the fixation of negligence on the part of the
Driver of the bus by the Tribunal and they have also challenged the
quantum of compensation awarded by the Tribunal.
3. The Tribunal under the impugned award directed the Appellant
Transport Corporation to pay the respondents/ claimants a compensation
of Rs. 19,60,000/- as detailed hereunder for the death of one Subramani
caused by a bus owned by the Appellant Transport Corporation on
27.05.2016.
Heads Amount Awarded
by the Tribunal
in Rs.
Loss of Income 18,90,000/-
Loss of estate 15,000/-
Loss of consortium 40,000/-
Funeral expenses 15,000/-
Total 19,60,000/-
4. Heard Mr.L.Ramanathan, learned counsel for the appellant /
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CMA.No.2866 of 2021
Transport Corporation
5. This Court has perused and examined the impugned award as
well as the materials and evidence available on record before the
Tribunal.
6. Before the Tribunal the respondents / claimants have filed six
documents which were marked as Ex.P1 to Ex.P6 and two witnesses
were examined on their side namely the first respondent / first claimant,
the wife of the deceased (PW1) and an eye witness to the accident one
Gobi as PW2. On the side of the Appellant Transport Corporation, no
documents were filed but the driver of the bus one Rajendiran who
caused the accident was examined as witness.
7. The FIR has been registered only against the driver of the bus
owned by the Appellant Transport Corporation. In the claim petition, the
respondents/ claimants have also pleaded that only due to the rash and
negligent driving by the driver of the bus, the accident happened. The
depositions of PW1 and PW2 also reveal that only the driver of the bus
owned by the Appellant Transport Corporation is responsible for the
cause of the accident which resulted in the death of one Subramani.
Based on preponderance of probabilities, the Tribunal has held the
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CMA.No.2866 of 2021
Driver of the bus responsible for the cause of the accident. No contra
evidence has been produced by the Appellant Transport Corporation
before the Tribunal to disprove the claim of the respondents / claimants.
8. Though the Driver of the bus was examined as a witness by the
Appellant Transport Corporation, as he is not an independent witness, his
deposition cannot be accepted by this Court. Since the FIR and other
evidence clearly reveals that only the driver of the bus alone responsible
for the cause of the accident.
9. Therefore, the first contention of the Appellant Transport
Corporation questioning the fixation of negligence on the part of the
Driver of the bus owned by the Appellant Transport Corporation is
rejected.
10. Insofar as the quantum of compensation awarded by the
Tribunal is concerned, the Tribunal has awarded a total compensation of
Rs.19,60,000/- to the respondents/ claimants. The Tribunal has fixed the
notional monthly income of the deceased at Rs.12,000/- for an accident
that happened in the year 2016. The deceased was a Powerloom Fitter
and was aged 45 years at the time of the accident. In the claim petition,
the respondents have pleaded that the deceased was earning Rs.20,000/-
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CMA.No.2866 of 2021
per month at the time of the accident. Therefore, after giving due
consideration to the year of the accident as well as the avocation of the
deceased, this Court is of the considered view that the fixation of the
notional monthly income of the deceased at Rs.12,000/- cannot be
considered to be excessive as alleged by the Appellant Transport
Corporation.
11. The Tribunal has adopted the correct multiplier of 14 since the
deceased was aged 45 years at the time of the accident. The Tribunal has
also deducted 1/4th towards personal expenses of the deceased which is a
correct deduction as the respondents/ claimants are five in number. The
Tribunal has awarded a compensation of Rs.18,90,000/- towards loss of
income which cannot be considered to be excessive as alleged by the
Appellant Transport Corporation.
12. Insofar as the compensation awarded by the Tribunal towards
loss of estate, loss of consortium and funeral expenses are concerned, the
same cannot be considered to be excessive as it is in accordance with the
settled law.
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CMA.No.2866 of 2021
13. The Tribunal has awarded loss of future prospects at 25%
after giving due consideration to the age of the deceased as well as his
avocation which is a correct assessment and the same is confirmed by
this Court.
14. The overall compensation of Rs.19,60,000/- awarded by the
Tribunal to the respondents / claimants cannot be considered to be
excessive as alleged by the Appellant Transport Corporation.
15. In the result, there is no merit in this Appeal and accordingly
this Civil Miscellaneous Appeal is dismissed. No Costs. Consequently,
the connected Civil Miscellaneous Petition is closed.
16. The Appellant / Transport Corporation is directed to deposit
the entire award amount awarded by the Tribunal together with interest at
7.5% p.a. from the date of claim petition till the date of realization, less
the amount, if any, already deposited to the credit of MCOP No.1641 of
2016 on the file of the Motor Accident Claims Tribunal, Presiding
Officer, Tirppur, within a period of four weeks from the date of receipt of
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CMA.No.2866 of 2021
a copy of this Judgment. On such deposit being made, the Tribunal is
directed to transfer the award amount directly to the bank account of the
respondents / claimants as per the same ratio of apportionment made by
the Tribunal through RTGS, within a period of two weeks thereafter.
08.10.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
ab/vsi2
To
1. The Presiding Officer,
Motor Accident Claims Tribunal,
Tirppur.
2. The Section Officer,
V.R. Section,
High Court, Madras.
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CMA.No.2866 of 2021
ABDUL QUDDHOSE, J.
ab
CMA.No.2866 of 2021
and
C.M.P. No.16480 of 2021
08.10.2021
https://www.mhc.tn.gov.in/judis/
