Tamil Nadu State Transport vs Ellammal
2023 Latest Caselaw 845 Mad

                                                                                    C.M.A.No.65 of 2023

                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 20.01.2023

                                                           CORAM:

                                   THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN

                                                  C.M.A.No.65 of 2023
                                                          and
                                                  C.M.P.No.595 of 2023

                  Tamil Nadu State Transport
                  Corporation (Salem-Division) Limited,
                  Represented by its Managing Director
                  No.12, Ramakrishna Road,
                  Salem - 636 007.                                                    ... Appellant

                                                            Vs.

                  1.Ellammal
                  2.Natarajan                                                        ... Respondents

                  PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988, against the judgment and decree dated 02.12.2013
                  made in M.C.O.P.No.4961 of 2010 on the file of the Motor Accident Claims
                  Tribunal, Special Subordinate Judge-1, Chennai.


                                  For Appellant       : Mr.D.Nithin


                                                           JUDGMENT

The Transport Corporation is the appellant herein.

2. Challenging the award passed by the tribunal in

M.C.O.P.No.4961 of 2010, they have preferred this appeal.

https://www.mhc.tn.gov.in/judis C.M.A.No.65 of 2023

3. The respondents 1 & 2 are the parents of the deceased,

N.Chidamabaram, a Bachelor, who, in a road accident, preferred the above

M.C.O.P. claiming compensation of Rs.12 lakhs.

4. The Tribunal, after consideration the evidence of P.W.1 and

P.W.2 and Exs.P1 and P8, came to the conclusion that the accident has

taken place due to the rash and negligent driving of the driver of the

Transport Corporation bus and held that the appellant/Transport

Corporation is jointly and severally liable to pay the compensation and

based upon Ex.P6 salary certificate and Ex.P8 Income Tax return, the loss

of income was arrived at Rs.6000/- p.m including future prospectus and

accordingly, the Tribunal awarded a total sum of Rs.5,28,000/- as

compensation. The Tribunal fixed the compensation and pecuniary loss

was ascertained based upon the Sarla Verma's case in AIR 2009 SC 3104

(Sarala Verma and others Vs.Delhi Transport Corporation) and deduction

of 50% towards future prospects has also been made since the deceased

died as a Bachelor. Hence I find that both the findings of the Tribunal are

well found and well merited and on the point of quantum, I find that the

award of Rs.5,28,000/- cannot be termed as excessive and it is a fair

award.

https://www.mhc.tn.gov.in/judis C.M.A.No.65 of 2023

5. Accordingly, this Civil Miscellaneous Appeal is dismissed.

No costs. Consequently, connected C.M.P is closed.

                                                                               20.01.2023


                  nvi
                  Index           : Yes / No
                  Speaking Order : Yes / No
                  Neutral Citation: Yes/No



                  To

1. The Motor Accident Claims Tribunal, Special Subordinate Judge-1, Chennai.

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

https://www.mhc.tn.gov.in/judis C.M.A.No.65 of 2023

RMT.TEEKAA RAMAN, J., nvi

C.M.A.No.65 of 2023 and C.M.P.No.595 of 2023

20.01.2023

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