M/S.Tamilnadu State Transport ... vs Subbiah
2021 Latest Caselaw 19962 Mad

                                                                                    C.M.A.(MD)No.833 of 2021


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED: 29.09.2021

                                                          CORAM:

                                    THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                                   C.M.A.(MD)No.833 of 2021
                                                            and
                                                   C.M.P(MD)No.7710 of 2021

                M/s.Tamilnadu State Transport Corporation
                 Limited,
                Rep. by its Managing Director,
                No.2, Thiruvananthapuram Road,
                Vannarapettai,
                Tirunelveli.                                                  : Appellant/Respondent

                                                             Vs.

                1.Subbiah
                2.Madathi
                3.Saraawathi
                4.Ramalakshmi                                                 : Respondents/Claimants


                PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to
                call for the records relating to the order and decreetal order, dated 10.02.2020
                passed in M.C.O.P.No.27 of 2018 by the Motor Accident Claims Tribunal
                (I - Additional District Judge – FAC), Tirunelveli and to set aside the same.


                                   For Appellant           : Mr.R.Rajamohan


                1/6
https://www.mhc.tn.gov.in/judis/
                                                                                   C.M.A.(MD)No.833 of 2021


                                                       JUDGMENT

This appeal is filed by the Insurance Company. The respondents filed

M.A.C.O.P.No.27 of 2018, claiming a sum of Rs.50,00,000/- as compensation, for

the death of Narayanan, in a road accident, that took place on 01.12.2017.

2.The learned counsel appearing for the appellant contended that the

respondents/claimants have not produced any document to show that the deceased

was earning and the Tribunal has erroneously fixed Rs.9,000/- per month without

any basis. The Tribunal also erred in granting 40% towards future prospects. The

above amounts granted by the Tribunal is without any basis.

3.Heard the learned counsel appearing for the appellant and perused

the materials available on record.

4.The respondents 1 & 2, who are parents of the deceased and

respondents 3 & 4, who are the sisters submitted before the Court below that they

have produced Ex.P5 driving licence of deceased Narayanan from which it is clear

that he was having valid driving licence at the time of accident. Eventhough there

is no direct evidence on the side of the respondents to prove the income of the

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.833 of 2021

deceased, it is not denied by the appellant that the deceased was the owner of

TATA ACE vehicle, which involved in the accident. The respondents have stated

that the deceased purchased the vehicle by borrowing loan. Hence, the deceased

was having the earning capacity to repay the loan amount. The Tribunal,

considering all these aspects and considering the consumer price index and

considering the age of the deceased, fixed monthly income of the deceased at

Rs.9,000/- per month. Hence, there is no error in the reasoning arrived at by the

Tribunal for fixing the notional income.

5.It is not in dispute that the deceased was 25 years old at the time of

the accident. The Tribunal, considering the judgment of the Honourable Apex

Court reported in 2017 (2) TNMAC 609(SC) in the case of National Insurance

Company Limited Vs. Pranay Sethi and others, awarded 40% enhancement

towards future prospects and the same is in order. The amounts awarded under

different heads are not excessive. There is no reason either to modify or set aside

the award of the Tribunal.

6.In the result, this civil miscellaneous appeal is dismissed. No costs.

Consequently, connected C.M.P.(MD).No.7710 of 2021 is closed.

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.833 of 2021

7.The appellant/Insurance Company is directed to deposit the amount

awarded by the Tribunal within a period of 8 weeks from the date of receipt of a

copy of this judgment, less the amount, if any, already deposited. On such deposit,

the respondents/claimants are entitled to their shares, as per the apportionment

fixed by the Tribunal. The respondents/claimants are also permitted to withdraw

the same, by filing necessary application before the Tribunal.

                                                                                          29.09.2021

                Index              :Yes/No
                Internet            :Yes/No
                vsd

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.833 of 2021

To

1.The Motor Accident Claims Tribunal (I - Additional District Judge – FAC), Tirunelveli.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis/ C.M.A.(MD)No.833 of 2021

S.ANANTHI, J.

vsd

C.M.A.(MD)No.833 of 2021 and C.M.P(MD)No.7710 of 2021

29.09.2021

https://www.mhc.tn.gov.in/judis/