The Managing Director vs Mahalingam
2022 Latest Caselaw 7119 Mad

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 05.04.2022

                                                          CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                              C.M.A(MD)No.327 of 2022
                                                        and
                                              C.M.P(MD)No.3002 of 2022

                     The Managing Director,
                     State Express Transport Corporation,
                     Chennai.                     :Appellant/Respondent

                                                   .vs.

                     1.Mahalingam

                     2.Padma

                     3.Anitha                             :Respondents/Petitioners


                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act,1988 against the order made in M.C.O.P.No.771
                     of 2018, dated 13.03.2021, on the file of the Motor Accidents
                     Claims Tribunal(Ist Additional District Judge), Tirunelveli.


                                       For Appellant            :Mr.P.M.Vishnuarthanan

                                                   JUDGMENT

*********

This Civil Miscellaneous Appeal is directed againt the order

made in M.C.O.P.No.771 of 2018, dated 13.03.2021, on the file of

the Motor Accidents Claims Tribunal(Ist Additional District Judge),

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

2.Heard the learned counsel for the appellant/Transport

Corporation and perused the materials placed before this Court.

3.The factum of the accident, manner of the accident and the

negligence on the part of the offending vehicle are not disputed and

hence, the findings of the Tribunal with regard to the same are

confirmed.

4.As per Ex.P2-Post-mortem Certificate, the age of the

deceased Manikandan is mentioned as 28 years and as per Ex.P3-

driving licence of the deceased, the date of birth is mentioned as

20.05.1989 namely, 28 years and ten months. Though he claimed

to have working in a textile shop, earning Rs.20,000/- per month,

he has only filed Ex.P4-Diploma Completion Certificate in Computer

Engineeing from a Polytechnic College,however, the claimants have

not produced any positive evidence to show the monthly income of

the deceased and hence, the Tribunal fixed the monthly income of

the deceased Manikandan at Rs.9,000/-p.m., for the accident taken

place in the year 2018. As per Pranay Sethi's case, 40% future

https://www.mhc.tn.gov.in/judis prospects has to be added and hence the total income is Rs.9,000/-

+ Rs.3,600/- = Rs.12,600/-.Since the deceased is a bachelor, 50%

of the income has to be deducted towards his personal expenses

and hence the annual income is Rs.12,600/- - Rs.6300/- = Rs.

6300/- x 12 = Rs.75,600/- and as per Sarla Verma's case, '17'

multiplier is adopted and hence the loss of income is arrived at Rs.

12,85,200/-.The other heads of compensation awarded by the

Tribunal appears to be just and reasonable. Hence this Court is of

the view that the total compensation as awarded by the Tribunal is

just, fair and reasonable, which cannot be termed as excessive,

warranting interference by this Court.

5.In this view of the matter, this Court finds no merit in the

appeal and accordingly, the Civil Miscellaneous Appeal stands

dismissed and the award of the Tribunal stands confirmed. No

costs.Consequently, connected Miscellaneous Petition is dismissed.

05.04.2022

Index:Yes/No Internet:Yes/No vsn

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

1.The Motor Accidents Claims Tribunal, (Ist Additional District Judge), Tirunelveli.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis RMT.TEEKAA RAMAN.,J.

vsn

JUDGMENT MADE IN C.M.A(MD)No.327 of 2022 and C.M.P(MD)No.3002 of 2022

05.04.2022

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