Tamil Nadu State Transport ... vs Doulat @ Mohamed Gani Beevi
2022 Latest Caselaw 1143 Mad

                                                                                    CMA No.57 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 25.01.2022

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                  CMA No. 57 of 2022
                                                         And
                                                 C.M.P.No. 391 of 2022

                     Tamil Nadu State Transport Corporation
                     Kumbakonam Division – I Limited.,
                     Represented by its Managing Director, Railway Station Road
                     Kumbakonam                             ... Respondent No.3/Appellant

                                                           Vs

                     1.           Doulat @ Mohamed Gani Beevi

                     2.           Mohamed Manjoor Ali Maricar

                     3.           Mohamed Neina Maricar

                     4.           Minor Ashika
                                                    ... Petitioners/Respondents No. 1 to 4

                     5.           M.S.Ravikumar (Driver)

                     6.           G.Packrisamy


                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the M.V.
                     Act, 1988 against the order dated 22.03.2021 made in M.C.O.P.No. 23 of

                     1/6


https://www.mhc.tn.gov.in/judis
                                                                                      CMA No.57 of 2022

                     2020 on the file of the District Judge, Presiding Officer, Motor Accident
                     Claims Tribunal, Karaikal.
                                                            ***
                                            For Appellant      : D.Venkatachalam

                                                     JUDGMENT

Challenge in this Appeal is to the award of the Tribunal granting a

sum of Rs.7,42,480/- as compensation for the death of one Mohamed Arief

Maraicar in a motor accident that occurred on 1.06.2019.

2. Claiming that the rash and negligent driving on the part of the

driver of the bus bearing Registration No. TN-68-N0119, is the cause of the

accident and consequent death, the claimants sought for compensation of

Rs.16,20,000/-.

3. The claimants would contend that the deceased was earning a

sum of Rs.15,000/- per month and he was aged about 65 years at the time of

the accident.

https://www.mhc.tn.gov.in/judis CMA No.57 of 2022

4. For establishing the negligence, the claimants relied upon the

FIR that was registered against the driver of the bus and the evidence of one

Samsudeen who was examined as PW-2.

5. The Tribunal upon consideration of the evidence held that the

negligence of the driver of the bus was the cause for the accident. In coming

to the conclusion, the Tribunal relied upon the evidence of PW-2 while

rejecting the evidence of RW-1 as hearsay. On the quantum, the Tribunal

took the monthly notional income of the deceased at Rs.14,562/- based on

the Judgment of the Division Bench of this Court in Andal and others Vs.

Avinav Kannan and others reported in 2019 (1) TNMAC 54 (DB).

Applying the Judgment of the Hon'ble Supreme Court in Sarala Varma and

others Vs. Delhi Transport Corporation and another reported in 2009 (2)

TNMAC 1 (SC), the Tribunal adopted multiplier of '5' and arrived at a loss

of dependency at Rs.5,82,480/-. The Tribunal added the conventional

damages of Rs.1,60,000/- towards parental consortium to the minor children

and loss of consortium for the wife. Thus the Tribunal arrived at a further

sum of Rs.7,42,480/-.

https://www.mhc.tn.gov.in/judis CMA No.57 of 2022

6. Mr.D.Venkatachalam, learned counsel appearing for the

Transport Corporation would submit that fixation of the income at

Rs.14,562/- is on the higher side. As the deceased was aged about 65 years,

the Tribunal was not right in taking the notional income at Rs.14,562/-. He

would also contend that the Tribunal should have accepted the evidence of

RW-1.

7. I am unable to countenance the submissions of the learned

counsel for the appellant. The Tribunal has followed the Division Bench

Judgement of this Court in fixing the notional income at Rs.14,562/-. The

same cannot be termed as erroneous or unacceptable. As regards

negligence, the Tribunal has considered the evidence and rejected the

evidence of RW-1 as hearsay. Therefore, I am unable to fault the conclusion

of the tribunal on the question of negligence. Hence, this Civil

Miscellaneous Appeal fails and it is dismissed. No costs. Consequently,

connected Miscellaneous Petition is closed.

25.01.2022

Index:Yes / No Speaking / Non-Speaking order vsg

https://www.mhc.tn.gov.in/judis CMA No.57 of 2022

To

1. Presiding Officer District Court Motor Accident Claims Tribunal Karaikal.

2.The Section Officer, VR Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis CMA No.57 of 2022

R.SUBRAMANIAN, J.

vsg

CMA No. 57 of 2022 And C.M.P.No. 391 of 2022

25.01.2022

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