Madras High Court
The Managing Director vs Kumaravel on 9 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.2441 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.2441 of 2024 and
C.M.P.No.19422 of 2024
The Managing Director,
Tamilnadu State Transport Corporation
(Salem) Limited,
Regional office, Bharathipuram,
Dharmapuri. ... Appellant
vs.
1. Kumaravel
2. Radha ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award, dated 14.02.2022 in
M.C.O.P.07/2020 on the file of the Motor Accident Claims Tribunal, Sub
Court, Uthangarai.
For Appellant : Mr.D.Nitin
For Respondents : Mr.S.P.Yuvaraj
JUDGMENT
The present appeal is filed by the appellant, the Managing
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Director, Tamilnadu State Transport Corporation, Dharmapuri against the
Award passed by the Motor Accident Claims Tribunal, Uthangarai in
M.C.O.P.07/2020. The two aspects which are disputed are the quantum
of compensation and the fastening of negligence on the part of the driver
of the bus belonging to the appellant.
2. The claimants filed a claim petition under Section 166 of
Motor Vehicles Act, in M.C.O.P.07/2020 before the Motor Accident
Claims Tribunal, Sub Court, Uthangari, seeking compensation of
Rs.20,00,000/- for the death of their mother Murugammal in a road
accident which happened on 10.02.2019.
3. The brief case of the claimants is as follows :
On 10.02.2019, Murugammal (deceased) was travelling in a bus
bearing Registration number TN 29 N 2137 belonging to the appellant
Tamilnadu State Transport Corporation on Puliyur - Uthangarai road.
When they were nearing Kurugapatti, the driver of the bus drove the bus
in a rash and negligent manner and applied sudden brake, as a result of
which, Murugammal was thrown out of the moving bus and sustained
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injuries all over her body. She was immediately rushed to Government
hospital, Uthangarai from where she was referred to Government Mohan
Kumaramangalam Medical College Hospital, Salem. However, she
succumbed to injuries the next day i.e., 11.02.2019.
4. According to the claimants, the rash and negligent driving of
the driver of the bus bearing Registration Number TN 29 N 2137
belonging to the Tamilnadu State Transport Corporation was the cause of
the accident and therefore, the appellant is liable to pay compensation to
him.
5. The Tribunal, after analysing the evidence on record,
fastened negligence on the part of the driver of the bus bearing
Registration number TN 29 N 2137 and awarded compensation of
Rs.4,56,000/- together with interest at the rate of 7.5% per annum from
the date of petition till the date of realisation vide, its orders dated
14.02.2022.
6. Aggrieved over the quantum of compensation awarded by the
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Tribunal and the negligence fastened on the part of the driver of the bus,
the Tamilnadu State Transport Corporation Limited has filed the present
appeal under Section 173 of the Motor Vehicles Act.
7. Heard Mr.D.Nitin, learned counsel for the appellant,
Tamilnadu State Transport Corporation and Mr.S.P.Yuvaraj, learned
counsel appearing for the claimants / respondents.
8. Mr.D.Nitin, learned counsel for the appellant contended that
the deceased was aged 65 years on the date of the accident and the
claimants were not depending on her. However, the Tribunal had awarded
a sum of Rs.4,56,000/- towards compensation. He also contended that
since the deceased was old and aged 65 years, she lost her balance and fell
down from the bus.
9. Per contra, Mr.S.P.Yuvaraj, learned counsel appearing for the
claimants contended that the Tribunal has awarded just compensation of
Rs.4,56,000/- and therefore the same need not be disturbed. He also
contended that the Tribunal had rightly fastened negligence on the part of
the driver of the bus belonging to the Tamilnadu State Transport
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Corporation.
10. The contention of the learned counsel for the appellant that
since the deceased was aged 65 years, she lost her balance and fell down
from the bus, is not acceptable for the reason that it was the driver of the
bus who was rash and negligent in driving the bus. Therefore, the
Tribunal was right in fastening negligence on the part of the driver of the
bus belonging to the appellant Transport Corporation. Apart from that, the
Tribunal, in the absence of income proof, fixed the notional income of the
deceased as Rs.6,000/-. The claimants are son and daughter. As far as
our country is concerned, the relationship of the mother is important and
both the claimants have lost their mother who was aged 65 years. The
Tribunal had 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. Thus, the
total of compensation of Rs.4,56,000/- awarded by the Tribunal is just and
reasonable.
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11. In the result,
(i) The Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
(ii) The Award passed in M.C.O.P.07 of 2022 dated 14.02.2022
by the Motor Accident Claims Tribunal, Sub Court, Uthangarai, is upheld.
09.09.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral citation : Yes / No
vum
To
1.The Motor Accident Claims Tribunal,
Sub Court, Uthangarai.
2. The Section Officer, VR Section,
Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis
R.HEMALATHA, J.
vum
C.M.A.No.2441 of 2024 and
https://www.mhc.tn.gov.in/judis
09.09.2024
https://www.mhc.tn.gov.in/judis
