Madras High Court
The Managing Director vs Dhayalan on 30 September, 2021
CMA.No.3423 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.3423 of 2013
and
M.P. No.1 of 2013
The Managing Director,
Tamil Nadu State Transport Corporation Ltd,
Railway station road,
Kumbakonam ...Appellant
vs.
1. Dhayalan
2. Lakshmi ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and Decree passed by the
Motor Accidents Claims Tribunal, Subordinate Judge, Mannarkudi,
made in M.C.O.P. No.174 of 2012 dated 28.01.2013.
For Appellant : Mr. G. Raman
for M/s. D. Venkatachalam
Standing Counsel for TNSTC
For Respondents : Mr. D. Lakshmipathy
https://www.mhc.tn.gov.in/judis/
1/6
CMA.No.3423 of 2013
JUDGMENT
(This case was heard through Video Conferencing)
This Appeal has been filed by the Transport Corporation
challenging the award dated 28.01.2013 passed by the Motor Accident
Claims Tribunal, Subordinate Court, Mannarkudi in M.C.O.P. No.174 of
2012.
2. Heard Mr. G. Raman, learned Standing counsel for the
Appellant / Transport Corporation and Mr. D.Lakshmipathy, learned
counsel for the respondents.
3. This Court has perused and examined the impugned award
before the Tribunal.
4. The Appellant Transport Corporation has challenged the
impugned award only on the ground that the quantum of compensation
awarded by the Tribunal is excessive.
5. The Tribunal under the impugned Award directed the Appellant
Transport Corporation to pay a compensation of Rs. 4,70,747/- to the
respondents/claimants as detailed hereunder:
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CMA.No.3423 of 2013
Heads Amount Awarded by
the Tribunal in Rs.
Loss of love and 1,50,000/-
affection to father
Loss of love and 2,00,000/-
affection to mother
Attender Charges 1,400/-
Medical Expenses 1,41,347/-
Funeral Expenses 3,000/-
Transportation 2,000/-
Total 4,70,747/-
6. The accident happened on 23.03.2011. The deceased was a
college student and was aged 22 years. In the claim petition, the
respondents/ claimants have made a claim for Rs.10,00,000/- whereas the
Tribunal has awarded a compensation of Rs.4,70,747/- as stated supra.
Under the impugned award, the Tribunal has not awarded any
compensation towards loss of dependency and future prospects.
However, the Tribunal has awarded a compensation of Rs.1,50,000/-
towards loss of love and affection to the father and Rs. 2,00,000/-
towards loss of love and affection to the mother of the deceased. Though
the compensation awarded by the Tribunal under those heads may be on
the higher side, this Court is of the considered view that since the
Tribunal has not awarded any compensation towards loss of dependency
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CMA.No.3423 of 2013
and loss of future prospects to the respondents/ claimants, the overall
compensation awarded by the Tribunal at Rs.4,70,747/- cannot be
considered to be excessive. If the loss of dependency was assessed by
the Tribunal and the compensation was also awarded towards loss of
future prospects, the compensation payable to the respondents/ claimants
would be much higher.
7. The Tribunal has also awarded a lesser compensation towards
funeral expenses, transportation and attender charges. After giving due
consideration to the aforementioned facts, this Court is of the considered
view that the total compensation of Rs.4,70,747/- awarded by the
Tribunal under the impugned award cannot be considered to be excessive
as alleged by the Appellant Transport Corporation.
8. In the result, there is no merit in this Appeal. Accordingly, this
Civil Miscellaneous Appeal is dismissed. No Costs. Consequently,
connected miscellaneous petition is closed.
9. Accordingly, the Appellant Transport Corporation is directed to
deposit the amount awarded by the Tribunal, after deducting the amount
already deposited if any, together with interest from the date of claim till
the date of deposit and cost, to the credit of M.C.O.P.No.174 of 2012
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CMA.No.3423 of 2013
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 appellant /
claimant through RTGS, within a period of two weeks thereafter.
30.09.2021
ab/vsi2
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
https://www.mhc.tn.gov.in/judis/
CMA.No.3423 of 2013
ABDUL QUDDHOSE, J.
ab
To
1. The Subordinate Judge,
Motor Accidents Claims Tribunal,
Mannarkudi.
2. The Section Officer,
V.R. Section,
High Court, Madras.
C.M.A.No.3423 of 2013
and
M.P. No.1 of 2013
30.09.2021
https://www.mhc.tn.gov.in/judis/
