Madras High Court
The Managing Director vs Mani on 14 July, 2023
C.M.A.No.421 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 14.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.421 of 2022
and C.M.P.No.2935 of 2022
The Managing Director,
The Tamil Nadu State Transport Corporation (Ltd)
Ramakrishna Road, Salem,
Regional Office at Dharmapuri. ...Appellant
Vs.
1.Mani
2.Karpagam
3.Madhu
4.Poongavanam ...Respondents
PRAYER : The Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree dated 12.02.2021 in
M.C.O.P.No.166 of 2020 on the file of the Motor Accident Claims Tribunal,
Special District Judge, Krishnagiri.
For Appellant : Mr.D.Nithin
For Respondents : No appearance
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C.M.A.No.421 of 2022
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the
appellant/Transport Corporation challenging the award dated 12.02.2021 in
M.C.O.P.No.166 of 2020 on the file of the Motor Accident Claims Tribunal,
Special District Judge, Krishnagiri.
2.The respondents herein filed the claim petition claiming a sum of
Rs.10,00,000/- as compensation for the death of one Jadaya Gounder, who died
in the accident that took place on 14.09.2011. 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 in the extreme left side mud portion of Kaveripattinam to Dharmapuri
N.H.Road. a bus bearing registration No.TN 29 N 2255 belonging to the
appellant came from the opposite direction in a rash and negligent manner and
dashed against the deceased. In the accident, the deceased sustained fatal
injuries and died on the spot. Hence, they were entitled to a claim of
Rs.10,00,000/-.
3.The appellant/Transport Corporation filed a counter statement denying
the averments made by the respondents and contended that the driver of the bus
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C.M.A.No.421 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 and stated that 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 two witnesses as P.W.1
and P.W.2 and marked five documents as Exs.P1 to P5. The appellant/Transport
Corporation did not let in any oral or documentary evidence.
5.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the bus belonging to the appellant/Transport Corporation and
directed the appellant to pay a sum of Rs.5,48,000/- as compensation to the
respondents.
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C.M.A.No.421 of 2022
6.Against the said award dated 12.02.2021 in M.C.O.P.No.166 of 2020
granting compensation to the respondents, the appellant/Transport Corporation
has come out with the present appeal.
7.The learned counsel for the appellant submitted that the appeal is filed
only against the quantum awarded by the Tribunal and there is no dispute with
regard to the negligence. As regards quantum, the learned counsel submitted
that the claim petition has been filed by four persons and the fourth petitioner is
the grandson of the deceased and he cannot be considered as dependent of the
deceased. The Tribunal ought not to have deducted 1/3rd instead of 1/4th towards
personal expenses. The learned counsel was unable to assail the award of
compensation under other heads.
8.Though notice has been served on the respondents, none have entered
appearance on behalf of the respondents.
9.This Court on perusal of the records and on hearing the submissions
made by the learned counsel finds that the Tribunal has deducted 1/4th towards
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C.M.A.No.421 of 2022
personal expenses of the deceased treating all the four respondents as
dependents of the deceased. According to the learned counsel for the appellant,
the grandson namely the fourth respondent cannot be treated as dependent of
the deceased. The Tribunal found that the mother of the fourth respondent
/daughter of the deceased was no more and the fourth respondent was living
along with the deceased. The Tribunal has come to the said conclusion from the
evidence of P.W.1. The appellant has not let in any contra evidence to
disbelieve the evidence of P.W.1. Hence this Court is of the view that the
finding of the Tribunal holding the fourth respondent as a dependent of the
deceased cannot be faulted. In such circumstances, since there are four
dependents to the deceased, the deduction of 1/4th towards personal expenses is
in order. 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.
10. In the result, this Civil Miscellaneous Appeal is dismissed and the
sum of Rs.5,48,000/- awarded by the Tribunal as compensation to the
respondents along with interest and costs is confirmed. The appellant/
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C.M.A.No.421 of 2022
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.
14.07.2023
Index: Yes/No
Internet: Yes/No
vkr
To
1.The Motor Accident Claims Tribunal,
Special District Judge, Krishnagiri.
2.The Section Officer
VR Section, High Court of Madras.
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C.M.A.No.421 of 2022
SUNDER MOHAN,J.
vkr
C.M.A.No.421 of 2022
14.07.2023
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