Madras High Court
The Managing Director vs Santha on 27 September, 2021
C.M.A.No.2769 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A. No. 2769 of 2021
and C.M.P.No.15809 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
(Villupuram Division)
Rangapuram, Vellore - 9. ... Appellant
Vs
1. Santha
2. Saminathan ... Respondents
Prayer: The Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Decree and Judgment dated 15.10.2020
made in M.C.O.P.No.984 of 2016 on the file of the learned Motor Accident
Claims Tribunal, Fast Track Mahila Court, Vellore and pleased to dismiss the
above claim as against the appellant.
1/7
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2769 of 2021
For Appellant : Mr.K.J.Sivakumar
For Respondent : Mr. M. Sivakumar
JUDGMENT
This appeal has been filed by the Transport Corporation
challenging the award dated 15.10.2020 passed by Motor Accidents Claims
Tribunal, Fast Track Mahila Court, Vellore in M.C.O.P.No. 984 of 2016.
2. The appellant Transport Corporation has challenged the
impugned award only on the ground that the quantum of compensation
awarded by the Tribunal is excessive.
3. The Tribunal under the impugned order directed the Appellant
Transport Corporation to pay the respondents/claimants a compensation of
Rs.14,40,800/- (Rupees Fourteen Lakhs Forty Thousand and Eight Hundred
only) as detailed hereunder:
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C.M.A.No.2769 of 2021
Heads Amount awarded by
the Tribunal
(Rs.)
Loss of income 13,60,800/-
Loss of love and affection 60,000/-
for each respondent(Rs.30,000/-)
Funeral Expenses 15,000/-
Transportation 5,000/-
Total compensation 14,40,800/-
4. The son of the respondents/claimants Thangarasu died on
22.10.2016, as a result of an accident, caused by a bus, owned by the appellant
Transport Corporation. In the claim petition, the respondents/claimants have
pleaded that their deceased son Thangarasu was aged 24 years at the time of
the accident and was working in a Auto Finance company and was earning a
sum of Rs.15,000/- (Rupees Fifteen Thousand only) per month.
5. Since no documentary evidence was produced by the
respondents/claimants before the Tribunal, the Tribunal has fixed the notional
monthly income of the deceased at Rs.9,000/- (Rupees Nine Thousand only).
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C.M.A.No.2769 of 2021
The accident happened in the year 2016. This Court does not find any infirmity
in the assessment made by the Tribunal as regards the notional monthly income
of the deceased.
6. The Tribunal has also rightly deducted 50% of the income towards
the personal expenses of the deceased, since the deceased was a bachelor. The
Tribunal also granted 40% towards loss of future prospects to the
respondents/claimants, which is a correct assessment, as the deceased was
aged 24 years at the time of accident.
7. The avocation of the deceased also has not been disputed by the
appellant Transport Corporation. The Tribunal has awarded a compensation of
Rs.13,60,800/- (Rupees Thirteen Lakhs Sixty Thousand and Eight Hundred
only) to the respondents/claimants towards loss of income which is a correct
assessment.
8. Even though, the Tribunal has awarded a higher compensation of
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C.M.A.No.2769 of 2021
Rs.60,000/- (Rupees Sixty Thousand only) towards loss of love and affection,
the overall compensation of Rs.14,40,800/-(Rupees Fourteen Lakhs Forty
Thousand and Eight Hundred only) awarded by the Tribunal to the
respondents/claimants cannot be considered to be excessive, as alleged by the
appellant Transport Corporation.
9. For the foregoing reasons, there is no merit in this appeal.
Accordingly, this Civil Miscellaneous Appeal is dismissed. No Costs.
Consequently, the connected miscellaneous petition is also closed.
10. The appellant/Transport Corporation is directed to deposit the
compensation amount awarded by the Tribunal, after deducting the amount
already deposited if any, together with interest at the rate of 7.5% per annum
from the date of claim till the date of deposit and costs, to the credit of
MCOP.No.984 of 2016 within a period of four weeks from the date of receipt
of a copy of this Judgment. On such deposit being made, the Tribunal shall
transfer the amount lying to the credit of MCOP.No.984 of 2016 to the bank
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C.M.A.No.2769 of 2021
account of the claimant through RTGS within a period of one week thereafter.
27.09.2021
Index:Yes/No
Speaking Order: Yes/No
rgi
To
1.The Motor Accidents 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/
C.M.A.No.2769 of 2021
ABDUL QUDDHOSE.,J
rgi
C.M.A. No. 2769 of 2021
27.09.2021
https://www.mhc.tn.gov.in/judis/
