Madras High Court
The Managing Director vs B.Ravi on 4 July, 2023
C.M.A.No.1340 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.No.1340 of 2023
and
C.M.P.No.13412 of 2023
The Managing Director,
Tamil Nadu State Transport Corporation Ltd. (TNSTC),
(Coimbatore Division-II)
Chennimalai Road, Erode-1. ...Appellant
Vs.
1.B.Ravi
2.R.Nethra
3.Minor R.R.Arun
4.P.Murugesan ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 20.12.2022 made
in M.C.O.P.No.158 of 2020 on the file of the Motor Accident Claims
Tribunal, IV-Additional District Judge, Coimbatore.
For Appellant : Mr.M.Murali Vinodh
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.1340 of 2023
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge in this appeal is to the award of the Motor Accident
Claims Tribunal granting a sum of Rs.57,25,164/- as compensation for the
death of one Renuka Devi in a road accident that occurred at about 3.30p.m.
on 07.07.2019.
2.According to the claimants, the accident occurred while the bus
belonging to the appellant Corporation attempted to overtake the two
wheeler, in which the said Renuka Devi along with her husband and her
minor son were travelling, hit the right handle bar of the two wheeler. As a
result of the impact all of them fell down. Unfortunately, the deceased fell
down on the right side of the road and the rear left wheel of the bus over ran
her causing her instantaneous death.
3.The Tribunal, relying upon the First Information Report in which
the driver of the bus was charged for offences under Section 279 and 304-A
of IPC and the absence of any evidence on the side of the Corporation
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C.M.A.No.1340 of 2023
concluded that the accident occurred due to rash and negligent driving of the
driver of the bus. On the quantum also, the Tribunal took monthly income
at Rs.38,854/-, added 35% towards future prospects. After deducting 1/3rd
towards personal expenses and applying multiplier of 13 arrived loss of
dependency at Rs.54,55,164/-. The Tribunal awarded a sum of
Rs.1,20,000/- for loss of consortium and Rs.1,20,000/- for loss of love and
affection, apart from Rs.15,000/- each towards funeral expenses and loss of
estate. In all, the Tribunal awarded a sum of Rs.57,25,164/- as
compensation.
4.The learned counsel for the appellant / Corporation would
submit that since three persons were found riding a two wheeler, the
Tribunal should have deducted a certain percentage towards contributory
negligence. It is seen that one of the passengers in the two wheeler is a
minor child and it is not uncommon for a minor child to travel in a two
wheeler along with his or her parents. That alone cannot be said to
contribute towards negligence. We also find that there is no evidence let in
on the side of the Corporation. Contributory negligence is the matter to be
https://www.mhc.tn.gov.in/judis
C.M.A.No.1340 of 2023
proved as a fact and in the absence of any evidence on the side of the
Transport Corporation, we do not think, we can permit the learned counsel
to raise the question of contributory negligence at the appellate stage. We
therefore, do not find any merit in the appeal. This Civil Miscellaneous
Appeal therefore, fails and it is accordingly, dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
(R.S.M.,J.) (R.K.M.,J.)
04.07.2023
kkn
Internet:Yes/No
Index:Yes/No
Speaking/Non-speaking order
Nuetral Citation:Yes/No
https://www.mhc.tn.gov.in/judis
C.M.A.No.1340 of 2023
To:-
The IV-Additional District Court,
Coimbatore.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1340 of 2023
R.SUBRAMANIAN, J.
and
R.KALAIMATHI, J.
KKN
C.M.A.No.1340 of 2023
and
C.M.P.No.13412 of 2023
04.07.2023
https://www.mhc.tn.gov.in/judis
