The Managing Director vs Vasuki
2023 Latest Caselaw 13660 Mad

                                                                           C.M.A.No.152 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 09.10.2023

                                                    CORAM

                                        MR.JUSTICE N.SESHASAYEE

                                             C.M.A.No.152 of 2022
                                           and C.M.P.No.1143 of 2022

                     The Managing Director,
                     Tamil Nadu State Transport Corporation Ltd.,
                     3/137, Salamedu, Vazhathareddy & Post,
                     Villupuram.                                              ... Appellant
                                                    Versus

                     1.Vasuki

                     2.Shalini (Minor)
                     D/o.Kejendiran,
                     (Minor Rep. by her mother / 1st respondent)
                                                                            ... Respondents

                     Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act, 1988 against award dated 06.08.2019 made in
                     M.C.O.P.No.1073 of 2018 on the file of the Motor Accident Claims
                     Tribunal, II Additional District Judge, Puducherry.



                                  For Appellant       : Mr.RJ.Sivakumar

                                  For Respondents     : Mr.R.Sreedhar




https://www.mhc.tn.gov.in/judis
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                                                                             C.M.A.No.152 of 2022



                                                JUDGMENT

This appeal is preferred challenging an award passed by the Motor

Accident Claims Tribunal (II Additional District Judge), Puducherry in

MACTOP.No.1073 of 2018. The appeal specifically challenges the

quantum of compensation awarded by the Tribunal.

2.The brief facts of the case are that on 02.05.2018, around 12.30 p.m., a

20 year old named Dhinakaran was riding his motorcycle with his friend

on the pillion. The motorcycle, bearing registration No.PY-01-AQ-0175

was hit and crushed by a bus belonging to the appellant herein bearing

registration No.TN-32-N-4162. Unfortunately, Dhinakaran died on the

same day due to the injuries suffered. Hence, the mother and sister of the

deceased approached the Tribunal seeking a compensation of

Rs.20,00,000/-. Since the deceased was prosecuting his B.B.A course,

and was also engaged in a part time job, the Tribunal fixed the notional

income of the deceased at Rs.7,500/-, to which it added another 40%

based on the ratio in National Insurance Company Limited vs. Pranay

Sethi and Others, [CDJ 2017 (SC) 1220] and arrived at a net

compensation of Rs.13,14,000/-.

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

C.M.A.No.152 of 2022

3.The appellant corporation does not dispute the accident, but only

questions the quantum of compensation paid, in particular, the notional

income as fixed by the Tribunal.

4.Heard Mr.K.J.Sivakumar, the learned counsel for the petitioner, and

Mr.R.Sreedhar, the learned counsel for the respondents.

5.This Court carefully perused the award passed by the Tribunal and

finds that the notional income fixed at Rs.7,500/- for a student who has

the prospects of making greater income than what is now notionally fixed

is appropriate. This Court finds that there is hardly anything to interfere

with in the award of the Tribunal. Hence, this Court is not inclined to

interfere with this appeal.

6.The Civil Miscellaneous Appeal stands dismissed accordingly. No

costs. Consequently, the connected miscellaneous petition is closed.

09.10.2023 Anu Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No https://www.mhc.tn.gov.in/judis

C.M.A.No.152 of 2022

N.SESHASAYEE, J.

Anu

To The Motor Accident Claims Tribunal, II Additional District Judge, Puducherry.

C.M.A.No.1436 of 2023 and C.M.P.No.1143 of 2022

09.10.2023

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