Madras High Court
The Managing Director vs Balakrishnan on 18 February, 2025
Author: R.Suresh Kumar
Bench: R. Suresh Kumar
CMA No. 410 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-02-2025
CORAM
THE HONOURABLE MR JUSTICE R. SURESH KUMAR
AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
CMA No.410 of 2025
and C.M.P.No.3067 of 2025
The Managing Director
The Tamilnadu State Transport Corporation
Coimbatore Limited, Tiruppur Division
Coimbatore. ... Appellant
-Vs-
1. Balakrishnan
2. Jeyamani
3. Durairaj ... Respondents
Prayer: Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act to
set aside the award dated 08.12.2021 passed in MCOP No.332 of 2018 on the file of
MACT, Tiruppur.
For Appellant : Mr.C.Gauthamaraj
For Respondents : Mr.Ma.Pa.Thangavel
JUDGMENT
(Judgment of the Court was delivered by R.Suresh Kumar J.)
This Civil Miscellaneous Appeal has arisen out of the award passed by the
Motor Accidents Claims Tribunal, Tiruppur dated 08.12.2021 in MCOP No.332 of
2018.
https://www.mhc.tn.gov.in/judis
2. Due to the motor accident that took place on 08.11.2017, one Jeevanathan
expired immediately after the accident. The respondents, who are the legal heirs of
the deceased, joined together as claimants and filed the said MCOP seeking for
compensation of a sum of Rs.30,00,000/-.
3. The Motor Accidents Claims Tribunal, having gone through the case and
counter case, as well as the evidence adduced on behalf of the parties, has come to
the conclusion that the claimants are entitled to get the compensation and it has
been quantified under various heads totaling to a sum of Rs.21,22,240/-.
4. The said Award dated 08.12.2021 is under challenge in this appeal filed by
the Transport Corporation on the grounds that the Tribunal has committed an error
in fixing the notional income and also future prospects which has been fixed at 50%.
These are the grounds on which the Award is under challenge.
5. We have heard Mr.C.Gauthamaraj, learned counsel for the appellant
Corporation, who, after having reiterated the said grounds, would seek the
indulgence of this Court to entertain this appeal.
6. We have gone through the impugned Award passed by the Tribunal. With
regard to the notional income fixed at Rs.15,000/- per month is concerned, the same
https://www.mhc.tn.gov.in/judis
is in line with the guidelines of the Hon'ble Supreme Court, where, in respect of an
accident that had taken place in the year 2013, the notional income has been fixed
at Rs.15,000/-. Here, the accident had taken place in the year 2017 and therefore,
absolutely there has been no error on the part of the Tribunal in fixing the notional
income at Rs.15,000/- per month. It is also to be noted here that the Tribunal has
fixed the notional income based on Ex.P.10, salary slips of the deceased.
7.Insofar as the future prospects is concerned, since the deceased was only
29 years old at the time of the accident, such a percentage of 50% was taken into
account by the Tribunal and in this context also, we do not find any erroneous
approach on the part of the Tribunal.
8. Except these grounds, no other ground has been urged on behalf of the
appellant Corporation and based on these grounds, the appellant cannot successfully
challenge the impugned award.
9. Even under other heads also, the Tribunal has awarded Rs.15,000/- for loss
of estate, Rs.40,000/- for loss of love and affection, Rs.15,000/- for funeral
expenses, which are all approved by various decisions of the Hon'ble Apex Court and
therefore in none of the heads it can be stated that the Tribunal has erroneously
fixed the amount of compensation. Therefore, we do not find any reason to
interfere with the impugned award. The civil miscellaneous appeal fails and the
https://www.mhc.tn.gov.in/judis
same is dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
10. It is also stated by the learned counsel for the appellant that the award
amount with accrued interest amounting to a sum of Rs.26,76,346/- has been
deposited in three installments before the Tribunal. The entire amount deposited
with interest lying in the account of the Tribunal can very well be withdrawn by the
claimants without any further proceedings.
(R.S.K., J.) (A.D.M.C., J.)
18-02-2025
Index : Yes/No
Neutral Citation : Yes/No
KST
To
The Motor Accidents Claims Tribunal /
Tiruppur.
https://www.mhc.tn.gov.in/judis
R.SURESH KUMAR, J.
AND
A.D.MARIA CLETE, J.
KST
18.02.2025
https://www.mhc.tn.gov.in/judis
