Madras High Court
The Managing Director vs Sri. N. Rajeswara Rao on 4 February, 2025
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
C.M.A.No.3362 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.02.2025
CORAM:
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
AND
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE
C.M.A. No. 3362 of 2013
The Managing Director,
Karnataka State Road Transport Corporation Limited,
R.H. Road,
Bangalore – 560 027. ... Appellant
Versus
Sri. N. Rajeswara Rao ... Respondent
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the Judgment and Decree dated
14/08/2012 passed in M.C.O.P. No.121 of 2008 on the file of the Motor
Accident Claims Tribunal, Salem (Sub-Ordinate Judge) at Hosur.
For Appellant : Mr. T. Thiyagarajan
For Respondent : Mr. M. Venkatesh,
for Mr. R. Jayaprakash
JUDGMENT
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(This Judgement was delivered by Dr. A.D. Maria Clete, J.)
1. The appellant, a transport corporation, has filed this appeal
challenging the quantum of compensation awarded by the Motor
Accident Claims Tribunal (Subordinate Judge) in M.C.O.P. No. 121 of
2008.
2. The learned counsel for the Appellant contended that the
Tribunal failed to consider the salary details correctly. The salary slip
marked as Ex.P6 showed that the deceased was earning Rs. 22,000/- per
month at the time of appointment. However, the Tribunal fixed the
deceased’s salary at only Rs. 11,000/-, which was half of the actual
amount stated in the salary slip. The deceased was employed in a private
company, but the author of Ex.P6 was not examined, leading to an
arbitrary determination of Rs. 11,000/- as the salary.
3. Furthermore, it was submitted that the deceased had joined
employment on 09.01.2007 and left on 08.05.2007, drawing a salary of
Rs. 9,000/- per month before the accident. The appellant contended that
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fixing the salary at Rs. 11,000/- was unreasonable. We are unable to
accept the contention raised on the petitioner's side for the reason that the
Tribunal has fixed the salary based on the appointment order dated
6.1.2007 of the deceased which mentions the salary of the deceased as
Rs.22000/-and therefore on the deceased joining the petitioner
organisation on 9.1.2007 the salary could not have got abruptly reduced
from Rs. 22,000/- to Rs. 9,000/-. Thus, the Tribunal’s fixation of Rs.
11,000/- as the monthly salary is reasonable and requires no modification.
4. The appellant has stated that the deceased’s parents were not
impleaded as legal heirs and that this omission suppressed crucial facts to
obtain undue benefits. It was also noted that the deceased’s husband had
remarried and was earning Rs. 40,000/- per month, negating any question
of dependency. The learned counsel for the respondent stated that the
parents are no longer alive, making the dependency issue irrelevant.
5. The appellant further claimed that negligence was attributed
solely to the driver of their vehicle, while the insurer of the TATA Sumo
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involved in the accident was not impleaded. On the question of
negligence, the Tribunal had thoroughly examined the evidence and
determined that the bus driver was at fault. The TATA Sumo driver had
sustained injuries and had complained, leading to an FIR against the bus
driver. We find no reason to interfere with the Tribunal’s findings and
Award.
6. Accordingly, the Civil Miscellaneous Appeal is dismissed, and
the Tribunal’s Award dated 14.08.2012 in M.C.O.P. No. 121 of 2008 is
confirmed and the Appellant is directed to deposit the entire Award
amount with accrued interest within 4 weeks from the date of receipt of
order if not yet deposited. There shall be no order as to costs.
(R.S.K.,J.) (A.D.M.C.,J.)
04.02.2025
Index : Yes/No
Speaking Order : Yes/No
Neutral Case Citation : Yes/No
klt
To
1.The Motor Accident Claims Tribunal, Salem,
(Sub-Ordinate Court) Hosur.
2. The Managing Director,
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Karnataka State Road Transport Corporation Limited,
R.H. Road, Bangalore – 560 027.
3.The Section Officer, V.R. Section, High Court of Madras.
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R.SURESH KUMAR, J.
and
A.D.MARIA CLETE, J.
klt
04.02.2025
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