The Managing Director vs Nageswari
2023 Latest Caselaw 1976 Mad

                                                                                      C.M.A. (MD)No.238 of 2023


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 07.03.2023

                                                           CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                 C.M.A.(MD)No.238 of 2023
                                                            and
                                                 C.M.P.(MD) No.2796 of 2023

                The Managing Director,
                Tamil Nadu State Transport Corporation Ltd.,
                Bye-Pass Road, Chettinayakkanpatti Post,
                Dindigul.                                               ...Appellant/ Respondent

                                                            Vs.
                1.Nageswari
                2.R.Ramkumar

                Gowsalya (died)                                         ...Respondents/Petitioners


                PRAYER: This Civil Miscellaneous Appeal is filed under Section 173 of the
                Motor Vehicles Act, 1988, to set aside the judgment and decree passed in
                M.C.O.P.No.53 of 2008 dated 28.10.2010 on the file of the Motor Accident Claims
                Tribunal cum Principal District Court, Dindigul.
                                          For Appellant     : Mr. M.Prakash
                                                          JUDGMENT

This Civil Miscellaneous Appeal has been filed to set aside the award

and decree made in M.C.O.P.No.53 of 2008 dated 28.10.2010 on the file of the

Motor Accident Claims Tribunal cum Principal District Court, Dindigul.

https://www.mhc.tn.gov.in/judis C.M.A. (MD)No.238 of 2023

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

their rank before the Trial Court.

3.The brief facts, leading to the filing of the claim petition, are as

follows:-

When the deceased, who is the husband of the first petitioner and the

father of the second petitioner, was travelling in a motor cycle as a pillion rider,

the bus bearing Registration No.TN57 1370 driven in a rash and negligent manner

dashed against the motor cycle, as a result, the deceased succumbed to injuries.

Therefore, claiming a sum of Rs.5 Lakhs as compensation, the claimants have

filed the petition on the ground that at the time of death, the deceased was earning

a sum of Rs.9,000/- per month from real estate business.

4.The appellant / respondent took a stand before the Tribunal that the

accident was not occurred due to the rash and negligent driving of the bus

belonging to the appellant transport corporation and the accident was happened

only by some other vehicle and also disputed the income of the petitioner.

https://www.mhc.tn.gov.in/judis C.M.A. (MD)No.238 of 2023

5.To substantiate the case before the tribunal on the side of the claimants,

the 2nd claimant has examined himself as P.W.1 and one Panner Selvam was

examined as P.W.2 and Exs.P.1 to P.5 were marked and on the side of the Transport

Corporation, one Mahalingam was examined as R.W.1, however, no material

evidence has been marked.

6.On appreciation of the evidence available on record, the Tribunal has

found that the bus driver had driven the vehicle in a rash and negligent manner

and also held that though it was claimed that the deceased was earning a sum of

Rs.9,000/- from the real estate business and also by selling cool drinks, the

claimants have not established the same by producing any material evidence.

Hence, the Tribunal has fixed the income of the deceased at Rs.36,000/- (Rupees

Thirty Six Thousand Only) per year and awarded a sum of Rs.2,29,000/- (Rupees

Two Lakhs and Twenty Nine Thousand Only) as compensation.

7.Challenging the same, the present appeal has been filed by the

Transport Corporation.

https://www.mhc.tn.gov.in/judis C.M.A. (MD)No.238 of 2023

8.Heard the learned counsel on either side and perused the materials

available on record carefully.

9.A perusal of the grounds of appeal indicates that it is only a formal

appeal without any legal grounds and on perusal of the entire award passed by the

Tribunal, this Court is of the view that the compensation awarded by the tribunal

is very meagre. However, no appeal has been filed by the claimants for

enhancement of compensation. In such view of the matter, I do not find any merits

in this appeal and accordingly, this Civil Miscellaneous Appeal is dismissed. At

this juncture, it is submitted that the entire award amount has already been

deposited before the Tribunal. Therefore, the claimants are permitted to withdraw

the award 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.

07.03.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No ta

https://www.mhc.tn.gov.in/judis C.M.A. (MD)No.238 of 2023

To

1.The Motor Accident Claims Tribunal, Principal District Judge, Dindigul.

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.238 of 2023

N.SATHISH KUMAR, J.

ta

C.M.A.(MD)No.238 of 2023

07.03.2023

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