The Tamil Nadu State Transport ... vs J.Ammaji
2023 Latest Caselaw 5932 Mad

                                                                                      C.M.A.(MD)No.150 of 2023


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 12.06.2023

                                                           CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                   C.M.A.(MD)No.150 of 2023

                The Tamil Nadu State Transport Corporation,
                Through its Managing Director,
                Bye Pass Road, Ponmeni, Madurai.                              ...Appellant/respondent

                                                             Vs.
                1.J.Ammaji
                2.J.Sheik Abdullah
                3.J.Santhi Nisha Banu                                   ...Respondents/Petitioners


                PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
                Motor Vehicles Act, 1988, to set aside the order dated 03.03.2021 passed in
                M.C.O.P.No.358 of 2019 on the file of the Motor Accident Claims Tribunal (IV
                Additional District Court), Madurai.
                                          For Appellant     : Mr.K.Sudalaiyandi
                                          For R1 to R3      : No Appearance
                                          For R2            : No Appearance


                                                          JUDGMENT

Challenging the quantum and negligence fixed on the part of the driver

of the appellant corporation by the Motor Accident Claims Tribunal/IV Additional

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.150 of 2023

District Court, Madurai in M.C.O.P.No.358 of 2019 dated 03.03.2021, the present

Civil Miscellaneous Appeal is filed by the Transport Corporation.

2.For the sake of convenience, the parties are referred to herein, as per

their rank before the Trial Court.

3.The brief facts, leading to the filing of this Civil Miscellaneous

Appeal, are as follows:-

(i)On 11.07.2017 at about 05.20 p.m., the deceased was riding his

bicycle in Madurai Kamarajar main road from east to west. In order to cross the

road, he stopped his vehicle in the left side of the road. At that time, the bus

bearing Registration No.TN-58-N-1973 came from the opposite direction in a rash

and negligent manner and dashed against the bicycle of the deceased. As a result,

the deceased succumbed to injuries.

(ii) The first claimant is the wife of the deceased. The second and third

claimants are the children of the deceased. The deceased was aged about 82 years

at the time of accident. He was working as an electrician and earning a sum of

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.150 of 2023

Rs.12,000/- per month. Hence, the claim petition was filed by the claimants

seeking compensation.

(iii)The respondent before the tribunal has filed a counter affidavit

stating that the driver of the bus drove the vehicle carefully by observing the

traffic rules. But, the deceased road the bicycle carelessly and suddenly crossed

the road. On seeing the same, though the driver of the bus applied break and

stopped the bus, the deceased dashed against the bumper of the bus and fell down.

The deceased was only negligent and not the driver of the bus. Hence, opposed

the claim petition.

4. Before the Tribunal, on the side of the claimants P.W.1 to P.W.3 were

examined and Ex.P1 and Ex.P11 were marked. On the side of the respondent

R.W.1 was examined and documentary evidence had been marked.

5.The tribunal on appreciation of entire evidence available on record

found that the accident had taken place only due to the rash and negligent driving

on the part of the driver of the bus and awarded the compensation as follows:

https://www.mhc.tn.gov.in/judis
                                                                                           C.M.A.(MD)No.150 of 2023


                        S.No.           Description                        Amount
                        1.              Loss of income                     Rs.3,19,980/-
                        2.              Funeral Expenses                   Rs. 16,500/-
                        3.              Loss of Estate                     Rs. 16,500/-

4. Loss of Consortium to the first Rs. 44,000/-

petitioner Total Rs.3,96,980/-

Challenging the same, the present Civil Miscellaneous Appeal has been filed by

the Transport Corporation.

6.I have heard the learned counsel appearing on either side and also

perused the materials available on record.

7.The point arise for consideration in this appeal is:

(1) Whether the Tribunal is right in fixing the negligence on the part

of the appellant and the income of the deceased at Rs.8,000/- per month?

8.Perusal of the evidence of the eye witness clearly shows the manner in

which the accident had occurred. It is to be noted that though the deceased was 82

years old at the time of accident, he was hale and healthy. He was regularly

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.150 of 2023

attending his duties in the cycle. While riding a heavy vehicle, which had a clear

view of the road, particularly in a highly populated area, more caution should have

to be taken up. It has not been done so in this case. Further, to prove the

contributory negligence on the part of the deceased, there is no evidence

whatsoever available on record. Hence, the contention of the Transport

Corporation that there was negligence on the part of the cyclist cannot be

countenanced.

9.To substantiate the income of the deceased, Ex.P3, salary certificate

was issued. P.W.3 was also examined to show that the deceased was earning a

sum of Rs.12,000/- per month as an electrician. However, the trial Court had

disbelieved the same on the ground that no salary register had been produced.

However, the trial Court had fixed the notional income of the deceased at

Rs.8,000/- per month, since his profession is not disputed. It is relevant to note

that the deceased was hale and healthy, though he was 82 years old at the time of

accident and he was looking after his work and he was working as an electrician,

which requires some skills. The person engaged in such skilled work certainly can

earn more money. Hence, the income of the deceased fixed by the Tribunal cannot

be found fault.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.150 of 2023

10.For the reasons stated above, I do not find any error apparent in the

compensation awarded by the Tribunal. Accordingly, the Civil Miscellaneous

Appeal is dismissed and the compensation awarded by the Tribunal is confirmed.

11.The appellant is directed to deposit the compensation amount

awarded by the Tribunal with interest and costs from the date of petition till the

date of realization to the credit of M.C.O.P.No.358 of 2019, on the file of the

Motor Accident Claims Tribunal/IV Additional District Court, Madurai within a

period of one month from the date of receipt of a copy of this judgment, less the

amount, if any already deposited. On such deposit, the claimants are permitted to

withdraw the said amount as apportioned by the Tribunal, less the amount if any

already withdrawn, by making necessary application before the Tribunal. No

costs. Consequently, connected miscellaneous petition is closed.

12.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No ta

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.150 of 2023

To

1.The Motor Accident Claims Tribunal/ IV Additional District Court, Madurai.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.150 of 2023

N.SATHISH KUMAR, J.

ta

C.M.A.(MD)No.150 of 2023

12.06.2023

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