Madras High Court
The Managing Director vs S.Dhanalakshmi on 24 October, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.Nos.2861 of 2024 and 2293 of 2023
and C.M.P. No.23489 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
CMA.Nos.2861 of 2024 and 2293 of 2023
and
C.M.P. No.23489 of 2024
C.M.A. No.2861 of 2024
The Managing Director,
Tamil nadu State Transport Corporation Limited,
No.37, Metupalayam Road,
Coimbatore - 641 043. ... Appellant
vs.
1. S.Dhanalakshmi
2. S.Gowsalya ...
Respondents
C.M.A. No.2293 of 2023
1. S.Dhanalakshmi
2. S.Gowsalya ... Appellants
vs.
The Managing Director,
Tamil nadu State Transport Corporation Limited,
No.37, Metupalayam Road,
Coimbatore - 641 043. ...
Respondents
1/8
https://www.mhc.tn.gov.in/judis
CMA.Nos.2861 of 2024 and 2293 of 2023
and C.M.P. No.23489 of 2024
COMMON PRAYER: Civil Miscellaneous Appeals filed under Section
173 of the Motor Vehicles Act, 1988 against the Award dated 31.01.2023
in M.C.O.P.3465/2018 on the file of the Motor Accident Claims Tribunal,
I Additional District & Sessions Court, Cuddalore.
Appearance in C.M.A. No.2861 of 2024
For Appellant : Mr.M.Murali Vinodh
For Respondents : Mrs.Ramya V.Rao
Appearance in C.M.A. No.2293 of 2023
For Appellants : Mrs.Ramya V.Rao
For Respondent : Mr.M.Murali Vinodh
COMMON JUDGMENT
The appellant, the Tamilnadu State Transport Corporation
Limited in C.M.A.No.2861/2024 is the respondent in M.C.O.P.3465/2018
on the file of the Motor Accident Claims Tribunal, Small Causes Court,
Chennai and the appellants in C.M.A.No.2293/2023 are the claimants in
the said petition.
https://www.mhc.tn.gov.in/judis
CMA.Nos.2861 of 2024 and 2293 of 2023
2. The claimants filed the petition under Section 166(1) of the
Motor Vehicles Act, 1988 seeking compensation of Rs.25,00,000/- for the
death of their brother S.Santhoshkumar in a road accident that occurred
on 24.09.2018.
3. The brief case of the claimants is as follows :
On 24.09.2018, S.Santhoshkumar (deceased) was riding a two
wheeler bearing Registration Number TN-36-Q-4892 on Palladam -
Tiruppur road and at about 6.15 p.m., when he was nearing
Kunnaangalpalayam cross road, a speeding bus bearing Registration
number TN-38-N-2921 belonging to the respondent Transport
Corporation, hit the two wheeler driven by S.Santhoshkumar (deceased)
resulting in his instantaneous death.
4. According to the claimants, the rash and negligent driving of
the driver of the bus belonging to the Tamilnadu State Transport
Corporation Limited was the cause of accident and therefore the Transport
Corporation is liable to pay compensation to them.
https://www.mhc.tn.gov.in/judis
CMA.Nos.2861 of 2024 and 2293 of 2023
5. The respondent, the Tamilnadu State Transport Corporation
Limited, contested the claim petition by filing its counter.
6. The Tribunal after analysing the evidence on record, fastened
negligence on the part of the driver of the bus and the rider of the two
wheeler (deceased) in the ratio 90:10 as the deceased did not wear helmet
at the time of accident and awarded compensation of Rs.13,99,500/- (90%
of total compensation of Rs.15,55,000/-) together with interest at the rate
of 7.5% per annum from the date of petition till the date of realisation.
7. Aggrieved over the quantum of compensation awarded by the
Tribunal, the Tamilnadu State Transport Corporation has filed
C.M.A.No.2861 of 2024 and challenging 10% of contributory negligence
fastened on the part of the deceased, the claimants have filed C.M.A.
No.2293 of 2023.
8. Heard Mr.M.Murali Vinodh, learned counsel for the
Tamilnadu State Transport Corporation and Mrs.Ramya V.Rao, learned
https://www.mhc.tn.gov.in/judis
CMA.Nos.2861 of 2024 and 2293 of 2023
counsel appearing for the claimants.
9. Negligence:
It is seen from the records that the driver of the bus bearing
Registration number TN-38-N-2921 was rash and negligent in driving the
bus and FIR (Ex.P1) was also registered against him. The evidence of one
Purushothaman (P.W.2) who is the eyewitness to the occurrence, is clear
as to the rash and negligent driving of the driver of the bus. The manner of
the accident also confirms the same. However, the Tribunal had fixed
10% of contributory negligence on the part of the rider of the two wheeler
(deceased) as he was not wearing helmet at the time of accident. There is
nothing on record to show that the rider of the two wheeler also
contributed to the accident. In the circumstances, fastening 10% of
contributory negligence on the part of the claimant by the Tribunal is
erroneous and the same is hereby set aside.
10. Quantum:
In the claim petition, it is contended that S.Santhoshkumar
(deceased) aged 20 years was working as a helper in a private concern,
earning a sum of Rs.10,000/- per month. In the absence of satisfactory
https://www.mhc.tn.gov.in/judis
CMA.Nos.2861 of 2024 and 2293 of 2023
income proof, the Tribunal fixed the notional monthly income of the
deceased as Rs.10,000/-. It is pertinent to point out that the accident took
place in the year 2018. Considering the year of accident and the age of
the deceased, this Court feels that the Tribunal has rightly fixed the
monthly notional income of the deceased as Rs.10,000/-. The Tribunal
has also followed the dictum laid down by the Hon'ble Supreme Court in
Sarla Verma and others vs. Delhi Transport Corporation and another
reported in (2009) 6 SCC 121 and National Insurance Co. vs Pranay
sethi and others reported in 2017 (2) TNMAC 601 while awarding
compensation to the claimants. Therefore, I do not find any reason to
interfere with the same.
11. In the result,
(i) The appeal in C.M.A. No.2861 of 2024 filed by the
Tamilnadu State Transport Corporation is dismissed and C.M.A.No.2293
of 2023 filed by the claimants is partly allowed. No costs. Consequently,
connected miscellaneous petition is closed.
(ii) the quantum of compensation awarded by the Tribunal is
upheld.
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CMA.Nos.2861 of 2024 and 2293 of 2023
(iii) 10% of contributory negligence fastened on the part of the
deceased is hereby set aside.
(iv) The Tamilnadu State Transport Corporation is directed to
deposit the entire compensation amount, i.e., Rs.15,55,000/- (less the
amount already deposited) together with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit to the credit
of M.C.O.P.3465/2018 on the file of the Motor Accident Claims Tribunal,
I Additional District and Sessions Court, Cuddalore within a period of four
weeks from the date of receipt of a copy of this order / uploading of this
order.
(v) On such deposit being made, the claimants are at liberty to
withdraw the same as per the orders passed by the Tribunal after
following due process of law. The ratio of apportionment made by the
Tribunal shall be kept intact.
24.10.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
https://www.mhc.tn.gov.in/judis
CMA.Nos.2861 of 2024 and 2293 of 2023
R.HEMALATHA, J.
vum
To
1.The Motor Accident Claims Tribunal,
I Additional District and Sessions Court,
Cuddalore.
2.The Section Officer,
VR Section, Madras High Court, Chennai.
CMA.Nos.2861 of 2024 and 2293 of 2023
24.10.2024
https://www.mhc.tn.gov.in/judis
