Madras High Court
The Managing Director vs Geetha on 6 June, 2023
C.M.A(MD)No.249 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.249 of 2019
and
C.M.P(MD)No.3450 of 2019
The Managing Director,
M/s.Tamil Nadu State Transport Corporation
(Madurai) Ltd.,
Bye Pass Road,
Madurai-625 010. ... Appellant/Respondent
Vs.
1.Geetha
2.Dhivya
3.Vivekanandan
4.Nagarethinam ... Respondents/Petitioners
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, to set aside the award and decree made in
M.C.O.P.No.4390 of 2013, dated 12.10.2017 on the file of the Motor
Accident Claims Tribunal / Special District Court, Tiruchirappalli.
For Appellant : Mr.P.Prabhakaran
For Respondents : No Appearance
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C.M.A(MD)No.249 of 2019
JUDGMENT
The present appeal has been filed by the transport corporation
challenging negligence and quantum.
2. According to the learned counsel appearing for the appellant,
the deceased is said to be a pedestrian who was walking on the Trichy
Chennai Bye-pass road at about 10.00 p.m., on 09.03.2008. According to
the claimants, a bus belonging to the transport corporation had dashed
against the deceased person and he had succumbed to the injuries. The
claimants have contended that the deceased was a Fitter and Pump
Operator working in Trichy Distilleries & Chemicals Limited company
and he was drawing a salary of Rs.7,000/- per month. The
claimants prayed for a compensation of Rs.10,00,000/-.
3. The transport corporation has filed a counter contending that in
the F.I.R., the vehicle number was mentioned as TN 74 N 10. However,
at the time of filing of claim petition, the claimants have mentioned the
vehicle number as TN 74 N 1042. Therefore, they have questioned the
involvement of the bus belonging to the transport corporation in the
accident. The transport corporation has also questioned the quantum of
compensation as prayed for by the claimants.
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C.M.A(MD)No.249 of 2019
4. The tribunal after considering the oral and documentary
evidence and relying upon the deposition of the driver of the bus that the
said bus was driven during the relevant point of time in the Chennai-
Nagercoil bypass road, arrived at a finding that the bus was involved in
the said accident. Only due to inadvertence, the last two numbers were
not mentioned in the F.I.R. The tribunal further found that the claimants
have not established their employment and monthly salary and fixed the
notional income at Rs.5,000/-. Based upon the said notional monthly
income, the tribunal had deducted 1/4th towards personal expenses and
arrived at loss of dependency at Rs.5,85,000/-. The tribunal has further
awarded a sum of Rs.10,000/- towards funeral and transportation
expenses and a sum of Rs.3,00,000/- towards loss of love and
affection. The tribunal has further awarded a sum of Rs.1,00,000/-
towards loss of consortium. In total, a sum of Rs.9,95,000/- has been
awarded towards compensation. This award is under challenge in the
present appeal.
5. According to the learned counsel appearing for the
appellant/transport corporation, the tribunal has not properly appreciated
the stand taken by the corporation that the vehicle number has not been
properly mentioned in the F.I.R. However, this Court is not inclined to
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accept the said contention in view of the deposition made on the side of
C.M.A(MD)No.249 of 2019
the driver of the transport corporation, who was examined as R.W.1.
6. As rightly pointed out by the learned counsel appearing for the
appellant, the tribunal has awarded a sum of Rs.3,00,000/- towards loss
of love and affection and another sum of Rs.1,00,000/- towards loss of
consortium which seems to be in the higher side. In view of the above
said facts, this Court is inclined to modify the award in the following
manner:
Loss of dependency : Rs.5,85,000/-
Funeral expenses : Rs. 20,000/-
Transportation charges : Rs. 10,000/-
Loss of consortium : Rs. 40,000/-
Loss of love and affection to the
claimants 2 to 4 : Rs.1,20,000/-
------------------
Total : Rs.7,75,000/-
7. In view of the above said deliberations, the award of the tribunal
is modified and reduced from Rs.9,95,000/- (Rupees Nine Lakh and
Ninety Five Thousand only) to Rs.7,75,000/- (Rupees Seven Lakh and
Seventy Five Thousand only). Out of the said award amount, the 1 st
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claimant would be entitled to a sum of Rs.3,00,000/- and the 2nd claimant
C.M.A(MD)No.249 of 2019
shall be entitled to a sum of Rs.2,00,000/-. The balance amount shall be
shared by the claimants 3 and 4 equally.
8. With the said observations, this Civil Miscellaneous Appeal
stands allowed to the extent as stated above. No costs. Consequently,
connected Civil Miscellaneous Petition is closed.
06.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
To
1.The Motor Accident Claims Tribunal /
Special District Court,
Tiruchirappalli.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.249 of 2019
R.VIJAYAKUMAR,J.
gbg
Judgment made in
C.M.A(MD)No.249 of 2019
06.06.2023
https://www.mhc.tn.gov.in/judis
