The Managing Director vs S.Kumari
2023 Latest Caselaw 11203 Mad

                                                                           C.M.A.No.1976 of 2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   Dated: 25.08.2023

                                                 CORAM:
                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                                 C.M.A.No.1976 of 2023
                                             and C.M.P.No.19175 of 2023


                         The Managing Director,
                         Tamil Nadu State Transport Corporation (Kumbakonam) Ltd.,
                         Trichy Region, Periyamilaguparai, Trichy - 1                  ...
                         Appellant


                                                          Vs
                         1.S.Kumari
                         2.S.Gowthami
                         3.S.Sathish
                         4.S.Deenathayalan (Minor)
                            (Represented by his mother and natural
                            guardian S.Kumari)                       ... Respondents


                         PRAYER : The Civil Miscellaneous Appeal is filed under Section
                         173 of Motor Vehicles Act, 1988, against the judgment and decree
                         dated 12.04.2022 in MCOP.No.2691 of 2014 on the file of the Motor
                         Accident Claims Tribunal, V - Court of Small Causes, Chennai.


                                       For Appellant    : Mr.M.Murali Vinodh



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




                         1/8
                                                                          C.M.A.No.1976 of 2023




                                                     JUDGMENT

The Civil Miscellaneous Appeal is filed by the

appellant/Transport Corporation challenging the finding with regard

to the negligence and the quantum of compensation awarded by the

Tribunal in its judgment and decree dated 12.04.2022 in

MCOP.No.2691 of 2014 on the file of the Motor Accident Claims

Tribunal, V - Court of Small Causes, Chennai.

2. The respondents are the claimants in MCOP.No.2691 of

2014 on the file of the Motor Accident Claims Tribunal, V - Court of

Small Causes, Chennai. They filed the claim petition claiming a sum

of Rs.40,00,000/- as compensation for the death of one Settu in the

accident that took place on 14.09.2013.

3. According to the respondents, on 14.09.2013 at about 15.00

hours, while the deceased was riding his two wheeler bearing

Registration No.TN-18-K-4217 at Vandavasi to Kancheepuram

Road, nearing 'B'Erikarai, the driver of the bus belonging to the

appellant/Transport Corporation bearing Registration No.TN-45-N-

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C.M.A.No.1976 of 2023

3164 came in the opposite direction in a rash and negligent manner

and dashed against the two wheeler of the deceased, as a result of

which the deceased sustained grevious multiple injuries all over the

body and subsequently died.

4. The appellant/Insurance Company resisted the claim

petition stating that the accident took place only due to the rash and

negligent riding of the deceased since he attempted to over take the

bus and hit against the bus belonging to the appellant/Transport

Corporation and hence, the appellant/Transport Corporation is not

liable to pay the compensation and that in any event, the

compensation claimed by the respondents is excessive and prayed for

dismissal of the claim petition.

5. Before the Tribunal, the first respondent examined herself as

P.W.1 and an eye witness as P.W.2 and marked seventeen documents

as Exs.P1 to P18. On the side of the appellant/Transport

Corporation, the driver of the bus was examined as R.W.1 and no

document was marked.

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C.M.A.No.1976 of 2023

6. The Tribunal, after considering the pleadings, oral and

documentary evidence held that the accident took place only due to

the rash and negligent the act of the driver of the appellant/Transport

Corporation and directed the appellant/Transport Corporation to pay

a sum of Rs.14,48,800/- as compensation to the respondents.

Aggrieved over the said award, the appellant/Transport Corporation

has preferred the instant appeal.

7. The learned counsel for the appellant/Transport Corporation

submitted that award of compensation is excessive. Though, the

apellant has challenged the finding on negligence in the grounds of

appeal, the learned counsel is unable to point out any infirmity as

regards to the negligence. The learned counsel further submitted that

in the absence of any proof, the Tribunal ought not have fixed

Rs.11,000/- as monthly notional income of the deceased. Hence, he

prayed for allowing this appeal.

8. Heard the learned counsel appearing for the

appellant/Transport Corporation and perused all the materials

available on record before this Court.

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C.M.A.No.1976 of 2023

9. This Court finds that the Tribunal had held that the accident

took place due to the negligence of the bus driver based on the

evidence of P.W.2, eye witness to the occurrence. The Tribunal

disbelieved the evidence of R.W.1, the driver of the offending

vehicle. The learned counsel for the appellant/Transport Corporation,

as stated earlier, was unable to point out any infirmity in the said

finding and hence the finding with regard to negligence is confirmed.

10. As regards compensation, the only point raised by the

learned counsel for the appellant/Transport Corporation is that the

monthly notional income fixed by the Tribunal at Rs.11,000/- is

excessive. Considering the age of the deceased, the year of accident,

his avocation, this Court is of the view that there is no infirmity in

the finding of the Tribunal. Therefore, no interference is called for.

11. In the result, this Civil Miscellaneous Appeal is

dismissed and the sum of Rs.14,48,800/- awarded by the Tribunal as

compensation to the respondents along with interest and costs is

confirmed. Therefore, the appellant/ Insurance Company is directed

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C.M.A.No.1976 of 2023

to deposit the entire amount of the award along with interest and

costs, less the amount already deposited, if any, within a period of six

(6) weeks from the date of receipt of a copy of this judgment. On

such deposit, the respondents are permitted to withdraw his

respective share of the award amount as per the apportionment fixed

by the Tribunal, along with proportionate interest and costs, less the

amount if any, already withdrawn. Consequently, connected

Miscellaneous Petition is closed. No costs.

25.08.2023 Index: Yes/No Internet: Yes/No Speaking order: Yes/ No gba

To

1.The Court of Small Caused - V, Motor Accident Claims Tribunal, Chennai.

2.The Section Officer VR Section High Court of Madras, Chennai – 600 104.

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

C.M.A.No.1976 of 2023

SUNDER MOHAN,J.

gba

C.M.A.No.1976 of 2023 and C.M.P.No.19175 of 2023

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

C.M.A.No.1976 of 2023

25.08.2023

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