Appeal by bus transport corporation against Motor Accident Claims Tribunal award for fatal accident. Court examined evidence, upheld Tribunal's finding of driver negligence, and dismissed appeal confirming quantum of compensation as not exorbitant.
Civil miscellaneous appeal dismissed and Tribunal award confirmed. Connected miscellaneous petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2013 CORAM: THE HONOURABLE MR.JUSTICE R.KARUPPIAH C.M.A(MD)No.1375 of 2013 and M.P(MD)No.2 of 2013
The Manager, Tamil Nadu state Transport Corporation, Division-1, Bye-Pass Road, Madurai.
...Appellant / Respondent
Vs.
1.Velsamy @ Velusamy 2.Lakshmi 3.Nallathambi ... Respondents/Petitioners
PRAYER: This Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree passed in M.C.O.P.No.276 of 2005 dated 07.01.2011, on the file of the Motor Accident Claims Tribunal/Sub-Court, Palani @ Kodaikanal.
For Appellant : Mr.M.Prakash For Respondents : Mr.D.Venkatesh
J U D G M E N T
Appellant/Respondent Transport Corporatio filed this appeal challenging the quantum of compensation passed in the award and decree dated 07.01.2011 in M.C.O.P.No.276 of 2005, on the file of the Motor Accident Claims Tribunal/Sub-Court, Palani @ Kodaikanal.
2.Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents/claimants.
2
9.With regard to the quantum of compensation, the Tribunal
3
has rightly taken the age of the mother of the deceased (ie) 50 years since the deceased was a bachelor as per settled law laid down by the Hon'ble Supreme Court in various decisions. The monthly income of the deceased is fixed as Rs.3,000/- per month which is not exorbitant considering the age and his family circumstances. The main grievance of the appellant is that the Tribunal has deducted 1/3rd instead of 1 / 2 since the mother alone is the LR of the deceased. Admittedly, in this case, the claimants are father, mother and brother of the deceased. Considering the above said facts and circumstance of the case and claimants are 3 persons, the Tribunal has correctly deducted 1/3rd and it is not exorbitant as contended by the learned counsel for the appellant. The Tribunal has also taken correct multiplier of 13 considering the age of the mother. The Tribunal has correctly assess the loss of income as Rs.2,000/- x 12 x 13 = Rs.3,12,000/-. The award fixed by the Tribunal for other heads also not exorbitant. Therefore, the above said award passed by the Tribunal under the head of loss of income and also other heads are not exorbitant and the award passed by the Tribunal is to be confirmed and the appeal is to be dismissed.
Sd/-
Deputy Registrar(J)
/True Copy/
Assistant Registrar
To The Motor Accident Claims Tribunal, Sub-Court,
Palani @ Kodaikanal.
+1cc to Mr. M. Prakash, Advocate, SR 35592 +1cc to Mr. D. Venkatesh, Advocate, SR 35537
ns
MM/02.09.2013/3p-4c
C.M.A(MD)No.1375 of 2013
15.07.2013
3 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal for fatal motor accident was exorbitant?
Whether the deduction of one-third for personal expenses was correct considering multiple claimants?
Whether the civil miscellaneous appeal challenging the compensation award should be allowed?
1 provisions across 1 enactments
The Manager, Tamil Nadu State Transport Corporation
Velsamy @ Velusamy
Lakshmi
Nallathambi
R. Karuppiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
