Madras High Court
The Managing Director vs Pushpa on 3 September, 2021
CMA.No.2474 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA.No.2474 of 2021
and
CMP No.14187 of 2021
The Managing Director,
Tamilnadu State Transport Corporation,
(VPN - DVN) Ltd., Vellore - 9 ...Appellant
vs.
1. Pushpa
2. Rajendiran ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehichles Act, 1988, to set aside the decree and judgement dated
15.10.2020 made in M.C.O.P. No.966 of 2016 on the file of the Motor
Accident Claims Tribunal, Fast Track Mahila Court, Vellore and be
pleased to dismiss the above claim as against the appellant.
For Appellant : Mr. K.J. Sivakumar
For Respondents : Mr. M. Sivakumar
https://www.mhc.tn.gov.in/judis/
1/6
CMA.No.2474 of 2021
JUDGMENT
(This case was heard through Video Conferencing)
This Appeal has been filed by the Transport Corporation
challenging the award dated 15.10.2020 passed by the Motor Accident
Claims Tribunal, Fast Track Mahila Court, Vellore in M.C.O.P. No.966
of 2016.
2. The Appellant /Transport Corporation has challenged the
impugned award on the ground that the quantum of compensation
awarded by the Tribunal to the Respondents / Claimant, is excessive.
3. The Tribunal under the impugned award has directed the
Appellant, Transport Corporation, to pay the Respondents/ Claimants a
compensation of Rs.13,65,200/- as detailed hereunder :
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of Income 1285200
Love and affection 60000
(Rs.30,000/- each)
Funeral expenses 15000
Transport expenses 5000
Total 1365200
https://www.mhc.tn.gov.in/judis/
CMA.No.2474 of 2021
4. Heard Mr.K.J.Sivakumar, learned counsel for the appellant /
Transport Corporation and Mr.M.Sivakumar, learned counsel for the
respondents /claimants.
5. This Court has perused and examined the impugned award as
well the materials and evidence available on record before the Tribunal.
6. The respondents are the dependants of the deceased
Sathyanandam who died on 08.06.2016 as a result of an accident caused
by a bus owned by the Appellant / Transport Corporation.
7. The deceased was working in a Private concern and he was aged
27 years at the time of the accident. In the claim petition, the respondents/
claimants have pleaded that the deceased was earning Rs.20,000/- p.m. at
the time of the accident. The respondents/ claimants are the parents of the
deceased Sathyanandam.
8. Even though the respondents/ claimants have pleaded that the
deceased was earning Rs.20,000/- p.m. at the time of the accident, the
Tribunal has fixed the notional monthly income of the deceased at
Rs.9,000/- which in the considered view of the Court cannot be
considered to be excessive, after giving due consideration to the avocation
and the year of the accident. Hence, the same is confirmed by this Court.
https://www.mhc.tn.gov.in/judis/
CMA.No.2474 of 2021
The Tribunal has also adopted the correct multiplier of 17 as the deceased
was aged 27 years at the time of accident.
9. The Tribunal has awarded a compensation of Rs.60,000/-
towards loss of love and affection, at Rs.30,000/- to each of the
respondents who are the parents of the deceased, which cannot be
considered to be excessive, as alleged by the Appellant / Transport
Corporation. The Tribunal has awarded a compensation of Rs.15,000/-
towards funeral expenses and a compensation of Rs.5,000/- towards
transport expenses which is also not excessive. The total compensation
for Rs.13,65,200/- awarded to the Respondent/ Claimant cannot be
considered to be excessive as alleged by the Appellant/ Transport
Corporation.
10. For the foregoing reasons, this Court does not find any merit in
this appeal and accordingly, the Civil Miscellaneous Appeal stands
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
11. The Appellant / Transport Corporation is directed to deposit the
entire award amount awarded by the Tribunal together with interest at
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CMA.No.2474 of 2021
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.966 of 2016
on the file of the Motor Accident Claims Tribunal, Fast Track Mahila
Court, Vellore, within a period of four weeks from the date of receipt of 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
respondent / claimant as per the same ratio of apportionment made by the
Tribunal through RTGS, within a period of two weeks thereafter.
03.09.2021
ab/vsi2
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
To
1. The Sessions Judge,
Motor Accident Claims Tribunal,
Fast Track Mahila Court,
Vellore.
2. The Section Officer,
V.R. Section,
High Court,
Madras – 104.
https://www.mhc.tn.gov.in/judis/
CMA.No.2474 of 2021
ABDUL QUDDHOSE, J.
ab
CMA.No.2474 of 2021
and
CMP No.14187 of 2021
03.09.2021
https://www.mhc.tn.gov.in/judis/
