Tamil Nadu State Transport ... vs K.Jeyarani
2023 Latest Caselaw 6844 Mad

                                                                                     C.M.A.(MD)No.543 of 2023


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 22.06.2023

                                                          CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                               C.M.A.(MD)No.543 of 2023
                                                         and
                                               C.M.P.(MD)No.7080 of 2023

                Tamil Nadu State Transport Corporation,
                Thuvarankurichi Depot,
                Trichy Division,
                Through its General Manager                                   ...Appellant/Respondent


                                                            Vs.
                1.K.Jeyarani
                2.Minor.K.Kaleeswaran
                3.Panneerselvam
                4.Govindammal                                         ...Respondents/Petitioners
                [Minor is represented through his mother
                and natural guardian first respondent herein]


                PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
                Motor Vehicles Act, 1988, to set aside the judgment and decree passed by the
                Motor Accident Claims Tribunal, Additional District and Sessions Court,
                Srivilliputhur in M.C.O.P.No.100 of 2016 dated 30.11.2021.


                                        For Appellant      : Mr.D.Sivaraman
                                        For Respondents : Mr.K.Hemakarthikeyan

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                                                                                        C.M.A.(MD)No.543 of 2023


                                                          JUDGMENT

The present Civil Miscellaneous Appeal is filed challenging the quantum

of award passed by the Tribunal in M.C.O.P.No.100 of 2016, dated 30.11.2021.

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) The deceased was aged about 38 years and he was a driver by

profession. On 11.09.2015, he was driving his lorry bearing Registration

No.TN-28-AL-1156 and he stopped the vehicle on the western side of Maudrai-

Trichy highway in front of another lorry bearing Registration No.57-W-0977. At

that time, the bus bearing Registration No.TN-45-N-3341 driven in a rash and

negligent manner, while overtaking the other vehicle in the wrong side, dashed

against the rear portion of the Lorry bearing Registration No.TN-57-W-0977. As a

result, the front tire of the lorry bearing Registration No.TN-57-W-0977 ran over

the head of the deceased and he died on the spot. Therefore, the claimants being

the legal heirs of the deceased filed the claim petition seeking compensation.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.543 of 2023

(ii)The Transport Corporation before the Tribunal took a stand that only

the driver of the lorry bearing Registration No.TN-57-0977 was negligent in

driving the lorry. He suddenly moved the lorry from right side of the highway and

dashed against the bus. Hence, the accident had taken place.

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

examined and Ex.P1 and Ex.P19 were marked. On the side of the respondents

R.W.1 was examined and no documentary evidence was marked.

5.Though the manner of accident was denied by the Transport

Corporation, on perusal of the evidence, the Tribunal came to the conclusion that

only the driver of the Transport Corporation bus was rash and negligent in driving

the bus. The Tribunal having considered the age and profession of the deceased

and also taking note of the salary bill issued by P.W.3, owner of the lorry driven by

the deceased, fixed the monthly income of the deceased at Rs.13,000/- and

awarded a sum of Rs.26,66,000/- towards compensation.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.543 of 2023

6.Though various grounds had been raised in the appeal, the learned

counsel for the appellant mainly submitted that the Hon'ble Division Bench of this

Court in a case of Andal and others vs. Avinav Kannan and another [2019 (1)

TNMAC 54 (DB), for the accident occurred in the year 2014, had fixed the

monthly income of the deceased only at Rs.11,000/-. In the present case, the

accident had taken place in the year 2015 and hence, the income fixed by the

Hon'ble Division Bench of this Court shall be adopted.

7.The learned counsel for the respondents submitted that the Tribunal

after considering the evidence and materials placed on record had rightly fixed the

monthly income of the deceased at Rs.13,000/- and the same does not warrant any

interference by this Court.

8.In the light of the submissions, now the point arise for consideration in

this appeal is:

Whether the Tribunal is right in fixing the notional income of the

deceased at the rate of Rs.13,000/-?

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.543 of 2023

9.Heard the learned counsel appearing on either side and perused the

entire evidence available on record.

10.The fact that the deceased was a driver by profession is not disputed.

The fact that the driver of a Transport lorry will be paid more than Rs.500/- per

day cannot be disputed. P.W.3, owner of the lorry was examined to show the

nature of the salary paid to the deceased. Salary bills issued by P.W.3 were also

placed to substantiate the same. His evidence also indicates that the deceased also

owned an auto. RC book of the said auto is also marked as Ex.B10 to substantiate

the same.

11.In such view of the matter, fixation of Rs.13,000/- as notional income

of the deceased cannot be found fault. Merely because the Hon'ble Division

Bench of this Court had fixed the notional income of the driver at the rate of

Rs.11,000/-, the same cannot be applied to all the cases mechanically. Every case

has to be decided on its own facts and circumstances. In such view of the matter, I

do not find any merits in this appeal. Accordingly, this Civil Miscellaneous

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

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.543 of 2023

12.The Transport Corporation is directed to deposit the entire

compensation as awarded by the Tribunal with interest at the rate of 7% from the

date of petition till the date of realization to the credit of M.C.O.P.No.100 of 2016,

on the file of the Motor Accident Claims Tribunal/Additional District and Sessions

Court, Srivilliputhur 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 major claimants are permitted to withdraw the amount as apportioned by the

Tribunal, less the amount if any already withdrawn, by making necessary

application before the Tribunal. The share of the minor claimant shall be

deposited in any one of the Nationalized Bank, till the minor claimant attains

majority. The guardian of the minor claimant is entitled to withdraw the interest

once in three months directly from the bank. No costs.

22.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No ta

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.543 of 2023

N.SATHISH KUMAR, J.

ta

To

1.The Motor Accident Claims Tribunal/ Additional District and Sessions Court, Srivilliputhur.

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

C.M.A.(MD)No.543 of 2023

22.06.2023

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