Madras High Court
The Managing Director vs Sharmila Banu on 8 February, 2022
C.M.A(MD) No.165 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2022
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD) No.165 of 2019
and
C.M.P(MD)Nos.2211 of 2019 & 4617 of 2020
The Managing Director,
Tamil Nadu State Transport Corporation
Madurai District. .. Appellant/Respondent
vs.
1.Sharmila Banu
2.Pazil Mohamed
(R1 & R2 are declared as major and discharged
from the guardian of their grand-mother
vide Court order dated 09.07.2020 & 07.12.2021)
3.M.Ameena Bivi ..Respondents/Petitioners
Prayer: Civil Miscellaneous Appeal filed under Section 173 of M.V.Act,
1988, to allow this appeal, set aside the award and decree made in
M.C.O.P.No.2401 of 2015, dated 28.04.2017, on the file of the Motor
Accident Claims Tribunal/VI Additional District Court, Madurai.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A(MD) No.165 of 2019
For Appellant : Mr.P.Prabhakaran
For R1 to R3 : Mr.Vinoth
for Mr.M.Saravanan
JUDGMENT
Transport Corporation is the appellant herein. The respondents are
the legal heirs of the deceased Abitha. They filed M.C.O.P.No.
2401/2015 before the Motor Accident Claims Tribunal/VI Additional
District Court, Madurai claiming compensation for the death of their
mother. The Tribunal has awarded a sum of Rs.35,00,870/- (Rupees
Thirty Five Lakhs Eight Hundred and Seventy only) and hence, the
present appeal.
2. Factum of the accident is not disputed. The Transport
Corporation, the appellant herein, filed a counter before the claims
Tribunal that at the signal without noticing the change in signal, the
deceased has violated the Traffic condition and caused the accident.
Besides, she has not wearing the helmet and does not possess any valid
driving licence at the time of accident.
https://www.mhc.tn.gov.in/judis
C.M.A(MD) No.165 of 2019
3. The Tribunal, on consideration of the fact that the deceased also
contributed to the negligence for the accident, has fixed the contributory
negligence at 30% on the deceased and 70% on the Transport
Corporation, after considering the oral evidence of P.W.1 and P.W.2, who
are the occurrence witnesses. I do not find any irregularity in the said
finding fixing 30% contributory negligence on the part of the deceased.
Accordingly, the said finding rendered by the Tribunal is hereby
confirmed.
4. Ex.P6 is the salary certificate. The deceased is the staff nurse
working in Government Rajaji Hospital, Madurai. The date of the
accident is 22.08.2014. The counsel for the Transport Corporation has
filed Ex.R1- Salary Certificate, Ex.R2-Income Certificate and Ex.R3-
Service Record of the deceased. As per Ex.P6, the salary of the deceased
is Rs.42,684/- and as Ex.R1- the salary of the deceased is Rs.39,070/-.
Taking into consideration the date of death as 22.08.2014, the Tribunal
has rightly awarded compensation by following Ex.P6. The multiplier
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C.M.A(MD) No.165 of 2019
adopted by the Tribunal based upon Ex.R3 Service Records appears to be
just and reasonable.
5. For the reasons stated above, I find no reasons to interfere with
the conclusion reached by the Tribunal. In fine, this Civil Miscellaneous
Appeal fails and the same is dismissed. By virtue of the interim order
granted by this Court, dated 07.03.2019, the appellant Transport
Corporation has already deposited 50% of the award amount and hence,
the balance 50% of the amount has to be deposited by the appellant
within a period of twelve (12) weeks from the date of receipt of a copy of
this order. On such deposit being made, the respondents/claimants are
permitted to withdraw the award amount by making necessary
application before the Tribunal. No costs. Consequently, connected
miscellaneous petitions are closed.
Index:Yes/No
Internet:Yes/No 08.02.2021
am
https://www.mhc.tn.gov.in/judis
C.M.A(MD) No.165 of 2019
To
1.The Motor Accident Claims Tribunal,
VI Additional District Court,
Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD) No.165 of 2019
RMT.TEEKAA RAMAN,J
am
JUDGMENT MADE IN
C.M.A(MD) No.165 of 2019
08.02.2021
https://www.mhc.tn.gov.in/judis
