Madras High Court
The Managing Director vs Manimegalai on 27 April, 2022
C.M.A.No.1051 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.1051 of 2022
and
C.M.P.No.7781 of 2022
The Managing Director,
Tamil Nadu State Transport Corporation (Salem) Limited,
No.12, Ramakrishna Road,
Salem – 7. ... Appellant
Vs.
1.Manimegalai
2.Haritha
3.Minor Deva
4.Ramasamy
5.Muthayee
6.Nallathambi
... Respondents
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.No.1051 of 2022
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 against the Judgment and Decree dated 07.09.2019 made in
MCOP No.150 of 2017 on the file of the Motor Accident Claims Tribunal /
Additional District Court, Namakkal.
For Appellant : Mr.P.Rajathi for
Mr.D.Raghu
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
This appeal arises out of the award passed by the Motor Accident Claims
Tribunal, (Additional District Court), Namakkal in MCOP No.150 of 2017 dated
07.09.2019.
2. Facts in nutshell :-
This is the case of fatal. The case of the claimants is that on 17.12.2016 at
about 07.00 p.m, when the deceased Ponnusamy was standing in the Tamil Nadu
https://www.mhc.tn.gov.in/judis
C.M.A.No.1051 of 2022
State Transport Corporation N-1 Depot at Paramathi Road, a bus bearing
Reg.No.TN-30-N-1455 belonging to the appellant, driven by its driver, the 6th
respondent in a rash and negligent manner, dashed the deceased. Immediately, he
was taken to the Namakkal Government Hospital, but he died on the way. The
accident had happened only due to the rash and negligent driving of the driver of
the Transport Corporation's bus. The first claimant is the wife, claimants 2 and 3
are the children and the claimants 4 and 5 are the parents of the deceased. Hence,
they filed claim petition seeking compensation of Rs.75,00,000/-.
3.The appellant/Transport Corporation filed a counter disputing the manner
of accident, age, avocation and income of the deceased and its liability to pay the
compensation. It was also contended that the claim is excessive and exorbitant.
4.To substantiate the case, the first claimant herself examined as P.W.1.
One Subramani was examined as P.W.2 and Exs.P1 to Ex.P.10 were marked. On
the side of the appellant/Transport Corporation, no witness was examined and no
document was marked.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1051 of 2022
5.The Tribunal, after considering the oral and documentary evidence, held
that the driver of the appellant bus was responsible for the accident and awarded
compensation of Rs.55,07,600/- to the claimants along with interest at the rate of
7.5% per annum. Assailing the award, the appellant/Transport Corporation has
filed the present appeal.
6.Heard Ms.P.Rajathi learned counsel appearing for the appellant Transport
Corporation and perused the materials available on record.
7.This appeal has been filed only challenging the quantum, hence, the other
issues need not be dealt with herein.
8. In the claim petition, it is stated that the deceased died at the age of 44
years. In Ex.P7 Salary Certificate, date of birth of the deceased was mentioned as
10.07.1971. So on the date of accident, i.e., on 17.12.2016, he was 45 years old.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1051 of 2022
The deceased was working in the appellant Transport Corporation as an
Electrician and his monthly salary as per Ex.P7 Salary Certificate was
Rs.34,575/-. After deducting the professional tax of Rs.2,500/- and income tax of
Rs.14,240/-, the Tribunal held that his annual income was Rs.3,98,360/-.
Considering the age of the deceased, the Tribunal added 30% towards future
prospects, which comes to Rs.5,17,868/-. Following the decision of the Apex
Court in National Insurance Company Limited vs. Pranay Sethi and others
[(2017) 16 SCC 680], the Tribunal deducted 1/4 towards his personal expenses,
i.e., Rs.1,29,467/- and by applying multiplier 14, awarded Rs.54,37,416/- towards
Loss of Income. In addition to that, the Tribunal awarded Rs.40,000/- towards
Consortium; Rs.15,000/- towards Loss of Estate; and Rs.15,000/- towards Funeral
Expenses, which are fair and reasonable, hence they are confirmed. In total, the
Tribunal awarded Rs.55,07,614/-, along with interest at the rate of 7.5% per
annum from the date of claim petition till the date of realization. We find no
reason to interfere with the conclusion reached by the Tribunal. This appeal has
no merit, hence, this appeal is liable to be dismissed.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1051 of 2022
9. For the forgoing reasons, while confirming the award passed by the
Tribunal, this Civil Miscellaneous Appeal is dismissed as devoid of merits. No
costs. Consequently, connected miscellaneous petition is also dismissed.
[M.K.K.S.,J.] [V.S.G.,J.]
27.04.2022
skn/pvs
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal /
Additional District Court, Namakkal.
2.The Section Officer,
V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1051 of 2022
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
JUDGMENT MADE IN
C.M.A.No.1051 of 2022
and
C.M.P.No.7781 of 2022
27.04.2022
https://www.mhc.tn.gov.in/judis
