Madras High Court
Present Address vs A.Meiyappan on 10 January, 2022
C.M.A.No.3687 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.3687 of 2021
and
C.M.P.No.21674 of 2021
Tamil Nadu State Transport Corporation (Coimbatore)
Rep by its Branch Managing Director, Coimbatore
Mettupalayam Road, Coimbatore-30.
Present Address:
The Managing Director,
State Express Transport Corporation Tamilnadu Ltd.,
Chennai – 600 002. ... Appellant
Vs.
1.A.Meiyappan
2.Palaniammal
3.Arokyaraj
4.N.M.Kandasamy ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to set aside the Judgment and decree made in MCOP No.699
of 2014 dated 12.11.2018 before the Motor Accident Claims/Special Subordinate
Judge, Coimbatore.
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.No.3687 of 2021
For Appellant : Mr.K.Kathiresan
JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
This appeal arises out of the Judgment and decree made in MCOP No.699
of 2014 dated 12.11.2018 passed by the Motor Accident Claims/Special
Subordinate Judge, Coimbatore.
2.The case of the claimants is that on 26.01.2013 at about 2.00 pm., the
deceased Saravanan was riding his car bearing Registration No.TN 37 B 6592 on
the Coimbatore - Palladam road near Arakkulam Pirivu, from west to east, at that
time the TNSTC bus bearing Registration No.TN 01 AN 0409 driven by the 1st
respondent came in the opposite direction in a rash and negligent manner and
dashed against the deceased's car. Due to the accident, the deceased sustained
grievous injuries. Immediately the deceased was taken to Ganga Hospital,
Coimbatore and admitted as inpatient. Inspite of best treatment, he died on
28.01.2013.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3687 of 2021
3.Alleging that the accident had taken place due to the rash and negligent
driving of the driver of the appellant Transport Corporation bus, the claimants
laid a petition, claiming compensation of Rs.20,00,000/-.
4.Resisting the claim, the appellant Transport Corporation filed their
counter disputing the manner of accident, age, avocation and income of the
deceased and its liability to pay the compensation. Further, in the counter, it has
been contended that the driver of the appellant drove the vehicle slowly, but the
deceased rode his car in a rash and negligent manner and invited the accident. It
was also contended that the claim amount is excessive and exorbitant.
5.Before the Tribunal, on the side of the claimants, P.Ws.1 and 2 were
examined and Exs.P1 to Ex.P.24 were marked. On the side of the
appellant/Transport Corporation, neither the witnesses were examined nor the
documents were marked.
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C.M.A.No.3687 of 2021
6.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.22,79,000/- to the claimants. The break-up details of the
amounts awarded by the Tribunal under various heads are as follows:-
Compensation for loss of dependency Rs. 20,82,500/-
Love and Affection Rs. 1,00,000/-
Funeral Expenses Rs. 15,000/-
Loss of Estate Rs. 15,000/-
Medical bills Rs. 66,143/-
Total Rs. 22,78,643/-
Rounded off Rs. 22,79,000/-
7.Against the award, the appellant Transport Corporation has filed the
present appeal.
8.Heard Mr.K.Kathiresan, learned counsel appearing for the appellant
Transport Corporation and perused the materials available on record.
9.The learned counsel appearing for the appellant/Transport Corporation
has contended that the Tribunal has failed to note that there is negligence on the
https://www.mhc.tn.gov.in/judis
C.M.A.No.3687 of 2021
part of the deceased. He has further contended that the award is on the higher side
by wrongly fixing excessive annual income of Rs.1,22,500/- and it requires
reduction.
10.Perusal of records reveal that the Tribunal, on proper appreciation of
evidence of the eye witness P.W.2 and the First Information Report (Ex.P.1),
found that the accident occurred due to the rash and negligent driving of the
driver of the appellant Transport Corporation Bus. With regard to compensation,
the Tribunal considering the evidence of P.W.1, Ex.P.13-Salary Slip, Ex.P.19-
Income Tax return and considering the age of the deceased fixed the monthly
income and adopted correct multiplier by following the decision in Sarala Verma
and Others Vs. Delhi Transport Corporation and another reported in 2009 TN
MAC 1, and awarded a just and reasonable compensation. Further, the quantum
of compensation under remaining heads fixed by the Tribunal are reasonable. 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.
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C.M.A.No.3687 of 2021
11.In such view of the matter, this Civil Miscellaneous Appeal is dismissed
as devoid of merits. The appellant/State Express Transport Corporation
Tamilnadu Ltd., is directed to deposit the entire award amount with accrued
interest and costs, less the amount already deposited, if any, within a period of
eight weeks from the date of receipt of a copy of this order. On such deposit is
being made, the claimants are permitted to withdraw the award amount as
apportioned by the Tribunal, less the amount already withdrawn, if any, together
with proportionate interest and costs. No costs. Consequently, connected
miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
10.01.2022
Jer
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal
Special Subordinate Judge, Coimbatore.
2.The Section Officer
V.R.Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.3687 of 2021
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
Jer
JUDGMENT MADE IN
C.M.A.No.3687 of 2021
and
C.M.P.No.21674 of 2021
10.01.2022
https://www.mhc.tn.gov.in/judis
