The Managing Director vs Ushamari
2022 Latest Caselaw 1224 Mad

                                                                                C.M.A.No.1906 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 27.01.2022

                                                        CORAM:

                                  THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

                                               C.M.A.No.1906 of 2017


                  The Managing Director,
                  Tamil Nadu State Transport Corporation Ltd.,
                  Railway Station new Road,
                  Kumbakonam.                                           .. Appellant

                                                         Vs.

                  1.Ushamari
                  2.Minor Deepak
                  3.Minor Sindhuja
                    (Minors 2 & 3 represented by her
                     mother Ushamari, the 1st respondent herein)
                  4.Aachiammal                                         .. Respondents

                  Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
                  Vehicles Act, 1988 against the Judgment and Decree dated 20.02.2012 made
                  in M.C.O.P.No.265 of 2009 on the file of Motor Accidents Claims Tribunal,
                  Subordinate Court, Mannarkudi.
                                        For Appellant    : Mr.D.Venkatachalam




                  1/8



https://www.mhc.tn.gov.in/judis
                                                                                               C.M.A.No.1906 of 2017

                                                          JUDGMENT

This Civil Miscellaneous Appeal has been filed against the award dated

20.02.2012 passed by the Motor Accidents Claims Tribunal, Subordinate

Court, Mannarkudi in and by which, a sum of Rs.14,90,440/- was awarded as

compensation for the death of one Mohan in favour of the

claimants/respondents 1 to 4.

2. On 25.06.2009 at about 3.45 hours, the deceased Mohan while

driving a motorcycle bearing Registration No.TN-50-B-8638 at

Perunjathangkudi Main Road near Panneer Tea Stall, a bus bearing

Registration No.TN-49-N-1117 belonging to the appellant/Transport

Corporation came in a rash and negligent manner and dashed against the

motorcycle. As a result of which, the deceased sustained fatal injuries and

died on the spot itself. The respondents herein who are the wife, children and

mother of the deceased respectively, filed a claim petition in

M.C.O.P.No.265 of 2009 before the Tribunal claiming a total compensation

of Rs.25,00,000/-.

https://www.mhc.tn.gov.in/judis C.M.A.No.1906 of 2017

3.Resisting the claim petition, the appellant herein has filed a counter

affidavit wherein, denying the manner of the accident and also age, income

and avocation of the deceased. According to the appellant/Transport

Corporation there was no negligence on the part of the driver of the bus, but

it was on the part of the deceased who came and dashed against the bus and

sustained injuries.

4.In order to prove their claim, on behalf of the claimants P.Ws.1 to 3

were examined and Exs.P1 to P10 were marked and on behalf of the

appellant/Transport Corporation, three witnesses were examined and Exs.R1

and R2 were marked.

5.On consideration of oral and documentary evidence available on

record, the Tribunal has awarded a total sum of Rs.14,90,440/- as

compensation.

6. Questioning the quantum of compensation awarded by the Tribunal,

the appellant/Transport Corporation has come forward with the present

appeal.

https://www.mhc.tn.gov.in/judis C.M.A.No.1906 of 2017

7.The learned counsel appearing for the appellant/Transport

Corporation would contend that the Tribunal has not considered the evidence

available on record properly and erroneously applied the multiplier method

and fixed the income at Rs.12,362/- which is on the higher side. Therefore,

the learned counsel for the appellant/Transport Corporation seeks

interference of this Court and reduce the quantum of compensation.

8.Heard the learned counsel for the appellant and perused the materials

available on record.

9.On perusal of the award passed by the Tribunal, it appears that the

Tribunal has come to the conclusion that there was negligence on the part of

the driver of the bus due to which the accident had occurred and taking note

of the fact that the deceased was working as a Cashier in Indian Overseas

Bank, Thiruvarur Branch and by relying upon Ex.P6, fixed the monthly

income of the deceased at Rs.12,362/-. It is not in dispute that the deceased at

the time of accident, was aged about 37 years and therefore, the Tribunal

https://www.mhc.tn.gov.in/judis C.M.A.No.1906 of 2017

applied multiplier '15' and after deducting 1/3rd towards his personal expenses

taken the income of the deceased for the purpose of calculating the award at

Rs.8,241/- and as such by adopting the multiplier '15', the Tribunal has

awarded a sum of Rs.14,83,440/- towards loss of dependency. As regards the

funeral expenses and transportation, the Tribunal also awarded a sum of

Rs.2,000/- and Rs.5,000/- respectively and the same are confirmed by this

Court. Totally, the Tribunal awarded a sum of Rs.14,90,440/- as

compensation, which, in the opinion of this Court is just and fair and requires

no interference.

10.Therefore, a perusal of the entire award, the Tribunal perused each

and every aspect in proper perspective and fixation of income also based on

the salary certificate Ex.P6 produced by the claimants/respondents and taking

note of the age of the deceased, the Tribunal has also rightly adopted the

multiplier '15'. Thus, the Tribunal has awarded a total sum of Rs.14,90,440/-

as compensation to the respondents/claimants and the amounts awarded by

the Tribunal under different heads, are just and reasonable and there is no

error in the said award passed by the Tribunal.

https://www.mhc.tn.gov.in/judis C.M.A.No.1906 of 2017

11.Accordingly, the award passed by the Tribunal is hereby confirmed

and the Civil Miscellaneous Appeal is dismissed. The Appellant-Transport

Corporation is directed to deposit the award amount along with interest and

costs, less the amount deposited, if any, within a period of twelve weeks from

the date of receipt of a copy of this judgment. On such deposit, the

respondents 1 and 4 are permitted to withdraw their share of the award

amount as per the ratio of apportionment fixed by the tribunal, with interest

and costs, after adjusting the amount already withdrawn, if any, by making

necessary applications before the Tribunal. The share of the minor

respondents 2 and 3 is directed to be deposited in any one of the Nationalised

Bank till they attain majority. The 1st respondent/mother of the minor

respondents 2 and 3 is permitted to withdraw the interest, once in three

months for the welfare of the minor respondents 2 and 3. No costs.

27.01.2022

gbi Index : Yes / No Internet : Yes/ No

https://www.mhc.tn.gov.in/judis C.M.A.No.1906 of 2017

To

1.The Sub-Judge, Motor Accidents Claims Tribunal, Mannarkudi.

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

https://www.mhc.tn.gov.in/judis C.M.A.No.1906 of 2017

S.KANNAMMAL, J.,

gbi

C.M.A.No.1906 of 2017

27.01.2022

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