The Managing Director vs C.Avinasiappan
2023 Latest Caselaw 8245 Mad

                                                                             C.M.A.No.889 of 2022



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    Dated: 13.07.2023

                                                 CORAM:
                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                                   C.M.A.No.889 of 2022
                                               and C.M.P.No.6581 of 2022
                The Managing Director,
                The Tamil Nadu State Transport Corporation (Ltd)
                Bye Pass Road, Madurai 625 010.
                Branch Address:
                CTC Dippo, CTC Kankeyam,
                Cross Road, Tiruppur.                                          ...Appellant


                                                           Vs.
                1.C.Avinasiappan
                2.A.Yuvaraj
                3.A.Thilagavathi                                               ...Respondents


                PRAYER : The Civil Miscellaneous Appeal is filed under Section 173 of
                Motor Vehicles Act, 1988, against the judgment and decree dated 20.11.2019 in
                M.C.O.P.No.879 of 2018 on the file of the Motor Accident Claims Tribunal,
                Special District Judge, Tiruppur.


                                   For Appellant     : Mr.G.Ramar for
                                                      Mr.Sudalaiyandi
                                   For Respondents : Mr.Ma.P.Thangavel for R1 & R2
                                                      No appearance for R3


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                                                                              C.M.A.No.889 of 2022




                                                  JUDGMENT

This Civil Miscellaneous Appeal has been filed by the

appellant/Transport Corporation challenging the award dated 20.11.2019 in

M.C.O.P.No.879 of 2018 on the file of the Motor Accident Claims Tribunal,

Special District Judge, Tiruppur.

2.The respondents herein filed the claim petition claiming a sum of

Rs.30,00,000/- as compensation for the death of one Rajamani, who died in the

accident that took place on 26.12.2017. According to the respondents, on the

date of accident i.e., on 26.12.2017 at 5.15 a.m., while the deceased was

walking on the Dharapuram to Tirupur main road, from North to South

direction, a bus belonging to the appellant/Transport Corporation, which

came on the same direction, driven by its driver in a rash and negligent manner

and without observing the traffic rules and regulations, dashed against the

deceased and caused the accident. In the accident, the deceased Rajamani

sustained fatal injuries and inspite of treatment, died in the hospital. Hence,

they were entitled to a claim of Rs.30,00,000/-.

3. The appellant/Transport Corporation filed a counter statement denying

the averments made by the respondents and contended that the driver of the bus https://www.mhc.tn.gov.in/judis

C.M.A.No.889 of 2022

was not responsible for the accident. The accident occurred due to negligence

of the deceased and hence, the deceased is solely responsible for the accident.

Therefore, the appellant was not liable to pay any compensation to the

respondents. The appellant had also denied the age, avocation and income of

the deceased. In any event, the compensation claimed by the respondents is

excessive and prayed for dismissal of the claim petition.

4.Before the Tribunal, the respondents examined three witnesses and

marked four documents as Exs.P1 to P4. The appellant/Transport Corporation

examined Tamilarasan, the driver of the bus as R.W.1 and did not let in any

documentary evidence.

5. The Tribunal considering the pleadings, oral and documentary

evidence, held that the accident occurred due to rash and negligent driving of

the driver of the bus belonging to the appellant/Transport Corporation and

directed the appellant to pay a sum of Rs.15,40,000/- as compensation to the

respondents.

6.Against the said award dated 20.11.2019 made in M.C.O.P.No.879 of

2018 granting compensation to the respondents, the appellant/Transport

Corporation has come out with the present appeal. https://www.mhc.tn.gov.in/judis

C.M.A.No.889 of 2022

7.The learned counsel for the appellant submitted that the finding of the

Tribunal on negligence as well as quantum is erroneous. It is the case of the

appellant that the deceased contributed to the accident as he was sitting on the

main road. The driver of the bus was blinded, since the lorry which came on the

opposite direction had bright head lights and it was also misty at the relevant

point of time. In view of the negligence on the part of the deceased, the

Tribunal ought to have fixed contributory negligence. The learned counsel

further submitted that the notional income of the deceased at Rs.10,500/- per

month fixed by the Tribunal is on the higher side. The respondents have not

filed any proof to establish the income of the deceased and in the absence of the

same, Tribunal ought not to have fixed notional income, which is on the higher

side.

8. Per contra, the learned counsel for the respondents submitted that the

respondents examined two witnesses to show that the deceased and another

person were walking on the road and the version of the appellant that they were

sitting on the road cannot be believed. The Tribunal had disbelieved the

evidence of R.W.1, who had stated that the deceased was sitting on the road.

The Tribunal has rightly held that the driver of the bus belonging to the

appellant was guilty of negligence. The learned counsel further submitted that

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C.M.A.No.889 of 2022

since the accident is of the year 2017, the Tribunal had correctly fixed the

notional income of the deceased at Rs.10,500/- per month. Hence, there is no

reason to interfere with the award of the Tribunal.

9.This Court on perusal of the documents and materials on record finds

that the respondents have examined two witnesses to establish that the deceased

was walking on the road and their evidence is cogent and there is no reason to

disbelieve their evidence. R.W.1's evidence which is to the contrary does not

inspire confidence. The Tribunal rightly disbelieved his evidence. Therefore,

this Court holds that the accident had taken place only due to the negligent

driving of the driver of the bus belonging to the appellant.

10.As regards quantum, this Court finds that the notional income fixed

by the Tribunal at Rs.10,500/- is just and reasonable. The accident took place in

the year 2017. It is a matter of common knowledge that even a daily wage

labourer would have earned that amount during the said period. Therefore, this

Court finds that the award passed by the Tribunal is just and reasonable and

there is no reason to interfere with the award passed by the Tribunal.

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C.M.A.No.889 of 2022

11. In the result, this Civil Miscellaneous Appeal is dismissed and the

sum of Rs.15,40,000/- awarded by the Tribunal as compensation to the

respondents along with interest and costs is confirmed. The appellant/

Transport Corporation is directed to deposit the entire award amount along with

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

twelve weeks from the date of receipt of a copy of this judgment. On such

deposit, the respondents are permitted to withdraw their respective share of the

award amount, on the basis of 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.

13.07.2023 Index: Yes/No Internet: Yes/No vkr

To

1.The Motor Accident Claims Tribunal / Special District Judge, Tiruppur.

2.The Section Officer VR Section, High Court of Madras.

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C.M.A.No.889 of 2022

SUNDER MOHAN,J.

vkr

C.M.A.No.889 of 2022

13.07.2023

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