Madras High Court
The Managing Director vs M.Suganya on 20 January, 2023
C.M.A(MD)No.224 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.01.2023
CORAM
THE HON'BLE DR JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR JUSTICE SUNDER MOHAN
C.M.A(MD)No.224 of 2014
and
M.P(MD)No.1 of 2014
The Managing Director,
State Express Transport Corporation Limited,
Pallavan Salai,
Chennai-600 002 .. Appellant/Respondent
Vs.
1.M.Suganya
2.Minor S.Nagulesh
3.Minor S.Rithish
4.P.Mondaiambalam (died) .. Respondents/Petitioners
5.M.Iyyammal
(Minor 2 & 3 represented by their mother
the first respondent)
6.P.M.Vanmathi
7.V.Vasuki
8.A.Parameswari
9.Kameswaran .. Respondents 6 to 9
(R6 to R9 are impleaded vide order dated
20.01.2023, in C.M.P(MD)No.11332 of 2014)
Page 1 of 6
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.224 of 2014
Appeal filed under Section 173 of Motor Vehicles Act, 1988, praying
this Court, against the judgment and decree in M.C.O.P.No.1049 of 2010
dated 27.06.2012 on the file of the Motor Accidents Claims Tribunal/IV
Additional District Court, Madurai.
For Appellant :Mr.P.Prabhakaran
For R1 to R3,
R5 to R9 :Mr.S.Sankarapandian
For R4 : Died
JUDGMENT
DR G.JAYACHANDRAN,J.
and
SUNDER MOHAN,J.
This appeal is preferred by the Transport Corporation as against the
award passed by the Tribunal in M.C.O.P.No.1049 of 2010 filed by one
Suganya and others for the loss of income and dependency of the deceased
P.M.Sureshkumar, aged about 34 years.
2.This appeal is filed by the Transport Corporation on the ground that
the Tribunal has not considered the contributory negligence of the rider of
the two wheeler, who has caused accident without having an effective
driving license. Also the quantum is being challenged on the ground that
the claimants have not proved the loss of income.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.224 of 2014
3.This Court, on considering the fact that the accident has occurred
on 31.03.2010, while one Kameswaran was a pillion in the two wheeler and
the vehicle was driven by his brother P.M.Sureshkumar, the deceased, near
Thirumangalam to Melur Main road, the two wheeler and the Transport
Corporation bus bearing Registration No.TN-01-N-7007 colluded and in the
accident, P.M.Sureshkumar died on the spot and the pillion rider
Kameswaran sustained grievous injuries. The medical certificate of
Kameswaran indicates that he has sustained 45 % permanent disability and
for his injuries Kameswaran has filed separate claim petition.
4.As far as P.M.Sureshkumar is concerned, a claim petition was filed
claiming Rs.20,00,000/- as compensation on the premise that he is an
Agriculturists, Finance and Contractor had sufficient income and due to his
sudden death, his wife and two minor children and parents have lost their
dependency and his income.
5.To substantiate the claim, income tax returns and the diploma
certificates were marked. The Tribunal, after considering the proof of
income and the plea of dependency, has awarded a sum of Rs.20,00,000/- as
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.224 of 2014
compensation. The said award is now challenged in the present Civil
Miscellaneous Appeal.
6.After hearing the counsel at length, this Court finds that though no
compensation for future prospects is being awarded, the claim of the
Transport Corporation that the deceased had no valid license is being
negatived by the Tribunal. At this length of time, no interference is required
in the award amount, since this Court finds that though the claim made by
the dependants of the deceased Sureshkumar, has been awarded in full
without any reduction, the deceased was aged about 34 years at the time of
accident. He is a Diploma Holder in Civil engineering. His income was
assessed to tax. Relying upon the income tax returns filed for 3 years prior
to his death, the income of the deceased fixed as Rs.1,63,000/- p.a., without
taking into account the future prospect and award of Rs.20,00,000/- passed.
This Court unable to find any error in assessment of loss. The award amount
with interest to be apportioned among the claimants as per the Tribunal
order. The shares of the minor claimants to be invested in the bank, till they
attain majority.
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C.M.A(MD)No.224 of 2014
7.Therefore, this Civil Miscellaneous Appeal is dismissed. The award
of the Tribunal is confirmed and the award amount along with accrued
interest to be paid to the claimants withina period of eight weeks from the
date of receipt of a copy of this order. No costs. Consequently, connected
miscellaneous petition is closed.
(G.J.,J.) (S.M.,J.)
20.01.2023
NCC:Yes/No
Index:Yes/No
Internet:Yes/No
Ns
To
1.The Motor Accidents Claims Tribunal/
IV Additional District Court,
Madurai.
2.The Section Officer,
VR Section,
Madurai Bench of Madras
High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.224 of 2014
DR G.JAYACHANDRAN,J.
and
SUNDER MOHAN,J.
Ns
C.M.A(MD)No.224 of 2014
and
M.P(MD)No.1 of 2014
20.01.2023
https://www.mhc.tn.gov.in/judis
