The Managing Director vs Kuppammal
2022 Latest Caselaw 17195 Mad

                                                                            C.M.A.No.2213 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 02.11.2022

                                                      CORAM

                                     THE HONOURABLE Ms.JUSTICE P.T.ASHA

                                               C.M.A.No.2213 of 2022
                                             and C.M.P.No.17117 of 2022


                     The Managing Director
                     Tamil Nadu State Transport Corporation Ltd.,
                     Bharathipuram,
                     Dharmapuri – 636 705                      .. Appellant / Respondent


                                                         -Vs.-

                     1. Kuppammal
                     2. Valarmathi
                     3. Ravi                                       .. Respondents / Petitioners

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988 against the judgment and decree dated 08.09.2021 made
                     in M.C.O.P.No.62 of 2020 on the file of the Motor Accident Claims
                     Tribunal / Special District Court, Krishnagiri.


                                         For Appellant      :    Mr.D.Raghu




https://www.mhc.tn.gov.in/judis
                                                                              C.M.A.No.2213 of 2022


                                                           JUDGMENT

The respondents had filed the above M.C.O.P seeking compensation

for the death of one Govindhan in a road accident that had taken place on

07.10.2015. They had claimed a sum of Rs.40,00,000/- stating that the

deceased was engaged in the business of agriculture and mango vending and

was earning a monthly income not less than a sum of Rs.25,000/-.

2. The Tribunal held negligence with the driver of the appellant-

Transport Corporation and awarded a sum of Rs.4,86,000/- as

compensation. The Tribunal had fixed the age of the deceased at 65, taking

into account the Death Certificate marked as Ex.P3. The Tribunal had taken

the notional monthly income at Rs.6,000/-, and after deducting 1/3rd towards

personal expenses, ultimately arrived at a sum of Rs.3,36,000/- under the

head of loss of dependency. Thereafter, the requisite amounts have been

granted under the heads of loss of estate, funeral expenses and loss of

consortium and a total sum of Rs.4,86,000/- was awarded. The Transport

Corporation is aggrieved by the said compensation.

https://www.mhc.tn.gov.in/judis C.M.A.No.2213 of 2022

3. Heard the learned counsel for the appellant-Transport

Corporation, when the matter is listed today for admission.

4. A perusal of the Award of the Tribunal would clearly indicate

that the compensation that has been awarded is very reasonable. The

Tribunal has only fixed a sum of Rs.6,000/- as notional income and arrived

at the loss of dependency. The amounts granted under the heads are well

within the parameters and reasonable and therefore, I see no reason to set

aside the Award passed by the Tribunal below. Accordingly, the Civil

Miscellaneous Appeal is closed.

02.11.2022

srn

To

1. The Motor Accident Claims Tribunal / Special District Court, Krishnagiri.

2. The Section Officer, V.R.Section, High Court of Madras, Chennai.

https://www.mhc.tn.gov.in/judis C.M.A.No.2213 of 2022

P.T.ASHA, J.,

srn

C.M.A.No.2213 of 2022

and C.M.P.No.17117 of 2022

02.11.2022

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