The Managing Director vs Minor Jeevitha
2023 Latest Caselaw 6774 Mad

                                                                              C.M.A.(MD).No.539 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                             DATED: 21.06.2023
                                                    CORAM
                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
                                        C.M.A.(MD).No.539 of 2023
                                                  and
                                        C.M.P.(MD).No.7001 of 2023

                The Managing Director,
                Tamil Nadu State Transport Corporation,
                Karaikudi.                                                             ... Appellant


                                                     Vs.

                1.Minor Jeevitha
                  through Guardian /Grand father Sethuraman,

                2.Kaliammal
                                                                                   ... Respondents


                PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of the
                Motor Vehicles Act, 1988, against the judgment and award made in
                M.C.O.P.No.28 of 2017, dated 27.11.2017 on the file of the Motor Accident
                Claims Tribunal, Additional District Court, Paramakudi.


                                    For Appellant          : Mr.D.Sivaraman




https://www.mhc.tn.gov.in/judis
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                                                                                   C.M.A.(MD).No.539 of 2023




                                                    JUDGMENT

Not satisfied with the quantum of compensation awarded by the Motor

Accident Claims Tribunal, the present appeal has been filed by the Transport

Corporation.

2. The brief facts leading to the filing of this appeal are as follows:

On 22.09.2016, at about 3.45 p.m., when the deceased was riding his

motorcycle bearing Registration No.TN 65 Y 1621 from Paramakudi to Ulaiyur,

the bus bearing Registration No.TN 63 N 0882 came in a rash and negligent

manner and dashed against the two wheeler of the deceased. As a result, he

succumbed to injuries and the crime also registered against the driver of the

appellant /Transport Corporation bus. At the time of accident, he was aged

about 38 years.

3. It is the stand of the appellant/Transport Corporation before the

Tribunal that only the rider of the motorcycle drove the vehicle in a rash and

negligent manner and dashed against the Transport Corporation bus.

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

C.M.A.(MD).No.539 of 2023

4. Before the Tribunal, on the side of the petitioner, P.Ws.1 and 2 were

examined and Exs.P1 to P20 were marked and on the side of the respondents,

R.W.1 was examined and Ex.R1 was marked.

5. On perusal of the evidence of the eye witnesses, the Tribunal has

found that only the driver of the offending vehicle was negligent in driving the

vehicle and fixed the notional income of the deceased at Rs.6,500/-, taking note

of the fact that the deceased was working as a Carpenter and awarded a sum of

Rs.13,15,480/- as compensation. Challenging the quantum of compensation, the

present appeal has been filed.

6. I have perused the order of the Tribunal.

7. The contention of the learned counsel for the appellant that the

Tribunal has granted a sum of Rs.1,00,000/- towards love and affection instead

of Rs.40,000/-. This Court is of the view that though the Tribunal has granted

excess compensation towards love and affection, considering the

circumstances, the notional income fixed by the Tribunal is very low and the

Tribunl ought to have given more.

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

C.M.A.(MD).No.539 of 2023

8. Considering the above, this Court do not interfere with the award

passed by the Tribunal. Accordingly, the Civil Miscellaneous Appeal is

dismissed and the appellant / Transport Corporation is directed to deposit the

award amount within a period of one month from the date of receipt of a copy

of this judgment. No costs. Consequently, the connected Miscellaneous

Petition is closed.

21.06.2023 akv

To

The Motor Accident Claims Tribunal, Additional District Court, Paramakudi.

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

C.M.A.(MD).No.539 of 2023

N.SATHISH KUMAR,J.

akv

C.M.A.(MD).No.539 of 2023

21.06.2023

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