Madras High Court
Tnstc Ltd Rep By Its Md vs Mrs. Vanaja on 20 June, 2022
CMA.No.912 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2022
CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
CMA.No.912 of 2022 and
C.M.P.No.6775 of 2022
TNSTC LTD Rep by its MD
(Villupuram)
No.3/137,Salamedu Vazhathareddi Post
Villupuram 605 602. ... Appellant/Respondent
Vs
1. Mrs. Vanaja
2. Mrs Hemalathai
3. Mrs Usha
4. Mr. Radhakrishnan
5. Mrs Devasana
... Respondents/Petitioners
PRAYER: Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
to allow the appeal and by setting aside the judgment and decree dated 26-
08-2019 made in MCOP No.8756 of 2015, Motor Accident Claim Tribunal
II Small Causes Court at Chennai.
For Petitioner : M/s. Mishra Sathya Seeman
JUDGEMENT
https://www.mhc.tn.gov.in/judis
CMA.No.912 of 2022
The Transport Corporation has challenged the award passed in
M.C.O.P.No.8756 of 2015 by the Motor Accident Claims Tribunal (II Court
Small Causes, Chennai). The facts in brief are as follows:-
2. The deceased Kailasasivam was travelling in the respondent's bus
bearing Registration No.TN-32-N-3341 and proceeding on the GST Road,
Urappkkam. The driver of the bus in which the deceased was traveling was
driving the vehicle in a rash and negligent manner without following the
basic traffic rules and hit another bus bearing Route No.243 M and
Registration No.TN-68-N-0623, as a result of which the said Kailasasivam
had sustained grievous injuries and had died on 31.05.2015, on account of
the injuries. The wife, children and mother of the deceased Kailasasivam had
filed the above claim petition seeking compensation of a sum of
Rs.30,00,000/- (Thirty Lakhs Only).
2. The respondent had entered appearance and filed a counter denying
the negligence on the part of their driver and had also raised a doubt as to
whether the deceased was a bonafide passenger in the said bus. They had
also submitted that the compensation that was claimed was very high.
https://www.mhc.tn.gov.in/judis
CMA.No.912 of 2022
3. The Tribunal below after considering the FIR (Ex.P.1), Death
Report (Ex.P.3) and Death Certificate (Ex.P.4) has held that the accident
had taken place only on account of rash and negligent driving of the driver
of the Corporation bus in which the deceased had travelled. While
calculating the compensation, the Tribunal has adopted a monthly income of
Rs.10,000/- relying upon Ex.P.10 (salary certificate). The Tribunal had
deducted 1/4th towards personal expenses and arrived at an annual
contribution at a sum of Rs.90,000/-. Taking into account the age of the
deceased which was 64 years, the multiplier adopted was '7' therefore, the
loss of dependency worked out at a sum of Rs.6,30,000/-. Further a sum of
Rs.40,000/- has been awarded to the 1st respondent herein, the wife of the
deceased towards loss of consortium and the others have been awarded a
sum of Rs.10,000/- each under the head of loss of love and affection which
works out at a sum of Rs.40,000/-. Ultimately, the Tribunal has awarded a
total sum of Rs.8,20,000/- as a compensation. This award is challenged by
the Transport Corporation only on the ground of quantum and that too with
regard to the income adopted by the Tribunal.
https://www.mhc.tn.gov.in/judis
CMA.No.912 of 2022
4. Heard the learned counsel for the appellant.
5. The Tribunal below has arrived at a compensation only on the basis
of the salary shown in Ex.P.10, (salary certificate). This document has not
been objected to by the appellant/Transport Corporation. On the contrary the
same has been marked without any objections. Further the appellant/
Transport Corporation has not been able to prove that Ex.P.10 is an invalid
document or that the deceased did not earn a salary of Rs.10,000/-.
6. In the result, the Civil Miscellaneous Appeal fails and it stands
dismissed. No costs. Consequently, the Civil Miscellaneous Appeal is
dismissed.
20.06.2022
Index : Yes/No
Internet: Yes/No
shr
To
1. The Motor Accident Claims Tribunal,
II Small Causes Court at Chennai.
2.The Section Officer,
V.R.Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CMA.No.912 of 2022
P.T. ASHA, J,
shr
CMA.No.912 of 2022 and
C.M.P.No.6775 of 2022
20.06.2022
https://www.mhc.tn.gov.in/judis
