Madras High Court
Thetamil Nadu State Transport ... vs Abdul Majeed (Died) on 10 January, 2022
CMA(MD)No.732 of 2020 & Cros.Obj(MD)No.1 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.732 of 2020 & Cros.Obj(MD)No.1 of 2022 &
CMP(MD)No.7374 of 2020
CMA(MD)No.732 of 2020
TheTamil Nadu State Transport Corporation Ltd.,
Tirunelveli,
Rep. by its Managing Director,
Ranithottam, Nagercoil,
Kanyakumari District. ... Appellant/6th Respondent
Vs.
1.Abdul Majeed (Died)
2.Laila Beevi ...1st &2nd Respondents/Petitioners
3.Vishnu
4.Nantha Gopal
5.The Branch Manager,
National Insurance Co.Ltd.,
Nagercoil.
6.Udaya Kumar
7.The Branch Manager,
Oriental Insurance Co.Ltd.,
Nagercoil. ...Respondent Nos.3 to 7/
Respondents Nos.1 to 5
8.Syed Ali Fathima Abdul Majeed ...8th Respondent
(8th Respondent brought on record as LRs of the deceased
1st Respondent vide order, dated 02.12.2021 made in
C.M.P(MD)No.7300 of 2021 by SAIJ)
https://www.mhc.tn.gov.in/judis
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CMA(MD)No.732 of 2020 & Cros.Obj(MD)No.1 of 2022
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, to allow this appeal, set aside the award and decree made in
M.C.O.P.No.17 of 2016, dated 12.10.2018 on the file of the Motor
Accidents Claims Tribunal/Principal Sub Court, Nagercoil.
For Appellant :Mr.P.Prabhakaran
For Respondents :Mr.T.Selvakumaran
for R.Murugan for R2
:Mr.A.Ilango for R5
:Mr.H.Velavadass for R6
:Mr.E.Chandrasekaran for R7
Cros.Obj(MD)No.1 of 2022
1.Abdul Majeed (died)
2.Lalitha Beevi
3.Syed Ali Fathima Abdul Majeed ... Cross Objectors/
Respondent Nos.1, 2 & 8
Vs.
1.The Tamil Nadu State Transport Corporation Ltd.,
Tirunelveli
Rep.by its Managing Director,
Ranithottam,
Kanyakumari District ...1st Respondent/Appellant
2.Vishnu
3.Nantha Gopal
4.The Branch Manager,
National Insurance Co.Ltd.,
Nagercoil.
https://www.mhc.tn.gov.in/judis
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CMA(MD)No.732 of 2020 & Cros.Obj(MD)No.1 of 2022
5.Udaya Kumar
6.The Branch Manager,
Oriental Insurance Co.Ltd.,
Nagercoil. ...Respondent Nos.2 to 6/
Respondent Nos.3 to 7
PRAYER : Cross Objection filed under Order 41 Rule 22 of Civil
Procedure Code, against the order and decree of the Motor Accident
Claims Tribunal (Principal Sub Court), Nagercoil, dated 12.10.2018
made in MCOP.No.17 of 2016 and notice not served, whereas the cross
objectors is desirous of preferring the above cross objection against the
order and decree dated 12.10.2018 of the Motor Accident Claims
Tribunal (Principal Sub Court), Nagercoil in MCOP.No.17 of 2016
insofar as it is against the cross objectors is concerned.
For Appellants :Mr.T.Selvakumaran
for Mr.R.Murugan
For Respondents :Mr.P.Prabhakaran for R1
:Mr.A.Ilango for R4
:Mr.H.Velavadass for R5
:Mr.E.Chandrasekaran for R6
JUDGMENT
The Civil Miscellaneous Appeal in C.M.A.(MD)No.732 of 2020
has been filed by the appellant/State Transport Corporation against the
judgment and decree passed in M.C.O.P.No.17 of 2016, dated
12.10.2018, on the file of the Motor Accident Claims Tribunal /Principal
Subordinate Judge, Nagercoil.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.732 of 2020 & Cros.Obj(MD)No.1 of 2022
2.The Cross Objection in Cros.Obj.(MD)No.1 of 2022 has been
filed by the Cross Objectors, to enhance the award amount made in
M.C.O.P.No.17 of 2016, dated 12.10.2018 on the file of the Motor
Accident Claims Tribunal /Principal Subordinate Judge, Nagercoil.
3.The brief facts of the case is as follows and the parties have
been mentioned as they have been ranked before the Tribunal:
It is a case of fatal accident in which the accident took place on
20.10.2015. On that day, the deceased Kaja Mydheen along with his
friends went to Parvathipuram in two motor cycles to visit their friends
for discussing about their future and were returning home in the night.
The deceased was sitting on the pillion rider of the motor cycle bearing
Registration No.TN-74-M-9155 Hero Honda and the same was driven by
his friend Vishnu, the first respondent. The other motor cycle is Bajaj
Pulzar TN-74-M-8239 was driven by the 4th respondent Udaya Kumar
and one Nagarajan was the pillion rider. When the two motorcycles
reached near Ammu Tea Shop opposite of Dr.Jeya Sekaran Hospital,
Nagercoil, both motor cycles dashed with each other and the persons
travelling were thrown on the road, at that time, a bus owned by the
Tamil Nadu State Transport Corporation passed through the road with
high speed ran over the deceased and he died on the spot.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.732 of 2020 & Cros.Obj(MD)No.1 of 2022
4.Before the Tribunal, on the side of the claimants, two witnesses
were examined as P.W.1 and P.W.2 and eleven documents were marked
as Exs.P.1 to P.11 and on the side of the respondents, three witnesses
were examined as R.W.1 to R.W.3 and ten documents were marked as
Ex.R1 to Ex.R10.
5.The Tribunal, after considering the pleadings, oral and
documentary evidence and arguments of the counsel for the claimants
and respondents and also appreciating the evidence on record, held that
the accident occurred only, due to the rash and negligent driving of the
driver of the 1st respondent, 4th respondent and the driver of the
unidentified TNSTC bus and directed the 3rd , 5th and 6th respondents are
directed to pay a sum of Rs.7,50,400/- equally as compensation to the
claimants and the third respondent is allowed to recover the amount paid
by him from the 1st and 2nd respondents.
6.Against which, the appellant/State Transport Corporation Ltd.,
has filed the appeal in C.M.A.(MD)No.732 of 2020 questioning the
quantum of compensation and the claimants also filed
Cross.Obj(MD)No.1 of 2022 seeking enhancement of compensation.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.732 of 2020 & Cros.Obj(MD)No.1 of 2022
7.The learned Counsel for the claimants would submit that the
Tribunal ought to have fix the monthly income as Rs.10,000/- as notional
income and 40% should be added as future prospectus. But the Tribunal
has taken a meagre sum of Rs.4,500/- as monthly income and awarded
Rs.6,80,400/- towards loss of dependency of the deceased. Hence, he
seeks enhancement of compensation.
8.The learned Counsel for the State Express Transport Corporation
would submit that the Tribunal failed to fix the entire negligence on the
3rd respondent, who drove the motor cycle bearing Registration
No.TN-74-M-9155, in which the deceased travelled as a pillion rider and
the 6th respondent, who drove the motor cycle bearing Registration
No.TN-74-M-8239 along with another pillion rider in a rash and
negligent manner, dashed each other and invited the accident. The driver
of the TNSTC bus was unidentifed one. In such circumstances, a part of
the contributory negligence fixed against the driver of the unidentified
TNSTC bus and the appellant is liable for 1/3rd of the compensation
amount is unsustainable one. He further contended that the Tribunal has
taken a higher amount of Rs.4,500/- and awarded a sum of Rs.7,50,400/-
as compensation is very high. Hence he requires modification.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.732 of 2020 & Cros.Obj(MD)No.1 of 2022
9.Heard the learned Counsel for the claimants/cross objectors and
the Insurance Company/appellant and perused the materials available on
record.
10.In C.M.A(MD)No.732 of 2020, the appellant contended that the
Tribunal has fixed liability on three persons, but the accident occurred
only on the negligence on the part of the third respondent/driver of the
two wheeler. The driver of the two wheeler/third respondent herein is
also a minor and he did not possess valid license at the time of accident.
A perusal of records, shows that F.I.R. was registered against the
appellant, third respondent and sixth respondent herein. As per evidence
of PW2 eyewitness, after the deceased fell down, a bus passed through
the road with high speed and ran over him, then only, the deceased died
on the spot. There is no contra evidence produced by the appellant/State
Transport Corporation to show that the rider of the two wheeler is
responsible for the accident. So in all aspects, the Tribunal has rightly
fixed the liability on the appellant and fifth and seventh respondent
herein. Hence, this Court finds no valid reason to interfere with the
award passed by the Tribunal.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.732 of 2020 & Cros.Obj(MD)No.1 of 2022
11.In Cross.Obj(MD)No.1 of 2022, a perusal of records shows that
without any document filed by the claimants to prove the income, the
Tribunal has rightly fixed Rs.4,500/- as monthly income of the deceased.
But the Tribunal has awarded Rs.40,000/- towards loss of consortium for
only one petitioner. Hence, this Court awarded Rs.40,000/- each of the
claimants towards loss of consortium. Insofar as other heads awarded by
the Tribunal are concerned, it is quite reasonable and this Court is
inclined to confirm the same and accordingly, it is confirmed.
12. In view of the above, this Court modifies the award of the
Tribunal by enhancing the compensation as under:
S. Head Amount granted
No. by this court
1. Loss of Dependency Rs. 6,80,400/-
2. Loss of Estate Rs. 15,000/-
3. Loss of Consortium (1 & 2 Rs. 80,000/-
claimants)
4. Funeral Expenses Rs. 15,000/-
Total Rs. 7,90,000/-
13.In the result,
(i)The C.M.A(MD)No.732 of 2020 is dismissed and the
Cros.Obj(MD)No.1 of 2022 is partly allowed.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.732 of 2020 & Cros.Obj(MD)No.1 of 2022
(ii)The quantum of compensation awarded by the Tribunal is
enhanced from Rs.7,50,000/- to Rs.7,90,000/- with interest at the rate of
7.5% per annum.
(iii)The appellant/State Transport Corporation Ltd., is directed to
deposit the compensation amount i.e.Rs.7,90,000/- (Rupees Seven lakhs
ninety thousand only) less the amount already deposited together with
interest at the rate of 7.5% per annum from the date of claim petition till
the date of deposit to the credit of M.C.O.P.No.17 of 2016, on the file of
the Motor Accidents Claims Tribunal/Principal Sub Court, Nagercoil,
within a period of six weeks from the date of receipt of a copy of this
order.
(iv) On such deposit, the second appellant is entitled to withdraw
Rs.5,00,000/- and the third appellant is entitled to withdraw
Rs.2,90,000/- by filing necessary application before the Tribunal.
No costs. Consequently, connected miscellaneous petition is closed.
10.01.2022
Index : Yes/No
Internet : Yes/No
vsd
https://www.mhc.tn.gov.in/judis
CMA(MD)No.732 of 2020 & Cros.Obj(MD)No.1 of 2022
S.ANANTHI, J.
vsd
Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Motor Accidents Claims Tribunal/
Principal Sub Court, Nagercoil.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
CMA(MD)No.732 of 2020 and
Cros.Obj(MD)No.1 of 2022 and
CMP(MD)No.7374 of 2020
10.01.2022
https://www.mhc.tn.gov.in/judis
