State Express Transport ... vs P.Karuppasamy
2023 Latest Caselaw 4407 Mad

                                                                                  C.M.A.(MD)No.394 of 2023


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 18.04.2023

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                               C.M.A.(MD)No.394 of 2023
                                                         and
                                               C.M.P.(MD)No.4683 of 2023


                State Express Transport Corporation Ltd.,
                Through its Managing Director having its office at
                No.2, Pallavan Salai,
                Thiruvalluvar House,
                Chennai-600 002.                                           ...Appellant/Respondent

                                                         Vs.


                1.P.Karuppasamy
                2.P.Sudalaiammal                                       ...Respondents/Petitioners

                PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
                Motor Vehicles Act, to set aside the award made in M.C.O.P.No.1673 of 2019
                dated 17.11.2021 on the file of the Motor Accident Claims Tribunal /IV Additional
                District Court, Tirunelveli.


                                        For Appellant   : Mr.P.Prabhakaran



                1/6

https://www.mhc.tn.gov.in/judis
                                                                                        C.M.A.(MD)No.394 of 2023


                                                          JUDGMENT

This Civil Miscellaneous Appeal is filed challenging the quantum fixed

by the Motor Accident Claims Tribunal /IV Additional District Court, Tirunelveli

in M.C.O.P.No.1673 of 2019 dated 17.11.2021.

2.For the sake of convenience, the parties herein are referred to as per

their rank before the Tribunal.

3.The brief facts, leading to the filing of the claim petition, are as

follows:-

(i)On 17.05.2019 at about 19.00 hours the deceased was crossing the

Tirunelveli-Madurai four way road from south to north. At that time, the bus

bearing Registration No.TN-01-AN-0937 was driven in a rash and negligent

manner and dashed against the deceased. As a result, the deceased succumbed to

injuries.

(ii) the petitioners are the children of the deceased. The deceased was

working as an agricultural Coolie and earning a sum of Rs.15,000/- per month.

Hence, the claim petition was filed.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.394 of 2023

4.The respondent before the Tribunal took a stand that the deceased had

crossed the road suddenly and despite the driver of the bus applied break, he could

not avert the accident.

5. Before the tribunal, on the side of the claimants P.W.1 and P.W.2 were

examined and Ex.P1 to Ex.P10 were marked. On the side of the respondents no

oral and documentary evidence were marked.

6.The Tribunal considering the evidence of P.W.1 and P.W.2 and the fact

that the driver of the bus was not examined, had fixed the negligence on the part of

the deceased at 30% and 70% at the driver of the bus and awarded the

compensation of Rs.2,83,500/-

7.Now, the quantum awarded by the Tribunal is only under challenge in

this appeal.

8.On perusal of the award passed by the Tribunal, it is clear that the

Tribunal had fixed the monthly income of the deceased at Rs.9,000/- and directed

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.394 of 2023

the respondent to pay a sum of Rs.2,83,500/- with proportionate interests at the

rate of 7.5% by applying relevant multiplier.

9.Admittedly, the deceased is an Agricultural Coolie and aged about 69

years. Merely because the deceased is aged about 69 years, it cannot be presumed

that the deceased did not have the capacity to earn any money. Therefore, the

fixation of monthly income of the deceased at Rs.9,000/- by the Tribunal cannot

be found fault. Further, the Tribunal had also fixed 30% negligence on the part of

the deceased. Hence, the award passed by the Tribunal is just and reasonable and

the same does not warrant any interference.

10.For the reasons stated above, I find no merits in this appeal.

Accordingly, the Civil Miscellaneous Appeal is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

18.04.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No ta

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.394 of 2023

To

1.The Motor Accident Claims Tribunal, IV Additional District Court, Tirunelveli.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.394 of 2023

N.SATHISH KUMAR, J.

ta

C.M.A.(MD)No.394 of 2023

18.04.2023

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