Madras High Court
The Managing Director vs Pazhaniammal on 10 October, 2022
C.M.A.No.2158 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2022
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A.No.2158 of 2022
and
C.M.P.No.16775 of 2022
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Vazhudhareddy, Villupuram. ... Appellant
vs.
1.Pazhaniammal
2.Ashokan ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, against the Decree and Judgment dated 18.03.2020
made in M.C.O.P.No.409 of 2016 on the file of the Motor Accident Claims
Tribunal, III Additional District Judge, Virudhachalam.
For Appellant : Mr.K.J.Sivakumar
For Respondents : Mr.S.Udhayakumar
JUDGMENT
The Transport Corporation has challenged the award passed by
the Motor Accident Claims Tribunal, III Additional District Judge,
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C.M.A.No.2158 of 2022
Virudhachalam in M.A.C.T.O.P.No. 409 of 2016 on the ground that the
quantum of compensation granted is on the higher side and that
contributory negligence ought to have been fastened on the deceased
Anbarasu, the son of the respondents herein.
2. The parties are referred to in the same ranking as before the
Tribunal.
3. It is the case of the petitioners that the deceased Anbarasu who was
aged 14 years old met with an accident, while he was a pillion rider in the
motor cycle bearing Reg.No.TN-32-L-3647 on 29.08.2016. The rider of the
motor cycle had stopped the motor cycle to avoid the accident despite
which the respondent's Bus bearing Reg.No.TN-32-N-2887 which was
driven in a rash and negligent manner dashed against the motor cycle, as a
result of which, Anbarasu had died on the spot. Therefore, the respondents
/ claimants had filed the claim petition claiming for a total compensation of
Rs.20,00,000/- for the death of the said Anbarasu.
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C.M.A.No.2158 of 2022
4. The Transport Corporation had stated that three persons were
travelling in the two wheeler and there is a violation of the provisions of the
Motor Vehicles Act. They had further stated that the accident had occurred
only on account of the negligence of the rider of the motor cycle in which
the deceased was travelling. The compensation claimed was on a higher
side and therefore, the respondent / Transport Corporation sought to have
the claim petition be dismissed.
5. The Tribunal on considering the evidence had fastened the liability
on the respondent / Transport Corporation and had arrived at a total
compensation of a sum of Rs.9,30,000/-. Aggrieved the same, the Transport
Corporation has preferred this appeal before this Court.
6. The appellant/Transport Corporation is aggrieved by the fact that
the Tribunal below had adopted an annual income of Rs.60,000/- for a 14
year old boy, which work out to Rs.5,000/- p.m., and applying the
multiplier of 14, the compensation under the head of loss of income was
worked out at Rs.8,40,000/-. The learned counsel for the
appellant/Transport Corporation submitted that a sum of Rs.3,000/- p.m.,
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C.M.A.No.2158 of 2022
could have been fixed as notional income and Rs.50,000/- awarded towards
loss of love and affection is also on the higher side.
7. Per contra, the learned counsel for the respondents/claimants had
appeared before the Court would contend that a very reasonable amount has
been passed by the Tribunal below. Under the head of loss of love and
affection, Rs.50,000/- only has been granted but the respondents/claimants
did not challenge the award of the Tribunal.
8. Heard the learned counsel on either side and perused the
materials on record.
9. The deceased Anbarasu aged about 14 years and the accident
had occurred in the year 2016. The Tribunal had only fixed a notional
income of Rs.60,000/- per annum, which appears to be very
reasonable. The award under all other heads are also have been very
reasonable and therefore, I see no reason to interfere with the award
passed by the Tribunal below.
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C.M.A.No.2158 of 2022
10. In the result, this Civil Miscellaneous Appeal is dismissed and
Decree and Judgment dated 18.03.2020 made in M.A.C.T.O.P.No.409 of
2016 on the file of the Motor Accident Claims Tribunal, III Additional
District Judge, Virudhachalam, is confirmed. No costs. Consequently,
connected miscellaneous petition is closed.
10.10.2022
Index : Yes/No
Speaking / Non-speaking order
ssn
To
1. The Motor Accident Claims Tribunal,
III Additional District Judge,
Virudhachalam.
2. The Section Officer,
V.R.Section,
High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2158 of 2022
P.T.ASHA, J.,
ssn
C.M.A.No.2158 of 2022
and
C.M.P.No.16775 of 2022
10.10.2022
https://www.mhc.tn.gov.in/judis
