This judgment dismisses an appeal by the Transport Corporation challenging the quantum of compensation awarded to dependents for the death of an employee in a motor accident caused by rash and negligent driving.
Civil Miscellaneous Appeal dismissed; connected Miscellaneous Petition closed. No costs.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.08.2013
CORAM:
THE HONOURABLE MR.JUSTICE R.KARUPPIAH
C.M.A.(MD)No.1431 of 2013 and M.P.(MD)No.4 of 2013
The Managing Director, Tamil Nadu State Transport Corporation, Periyamilaguparai, Trichy.
.. Appellant / Respondent Vs.
1.A.Rajeswari 2.Minor A.Sangeetha 3.Minor A.Sandru (Minors 2 and 3 are represented through their Mother and Natural Guardian R1 herein) 4.Nallusamy 5.Thailammal .. Respondents / Claimants
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award and decree dated 15.12.2011 made in M.C.O.P.No.125 of 2011 on the file of the Motor Accident Claims Tribunal, Additional District Court, FTC No.2, Tiruchirapalli.
For Appellant : Mr.D.Sivaraman For Respondents : Mr.N.Sudhagar Nagaraj
JUDGMENT
The appellant / Transport Corporation filed this appeal, challenging the quantum of compensation awarded by the Motor Accident Claims Tribunal, Additional District Court, FTC No.2, Tiruchirapalli, in M.C.O.P.No.125 of 2011 dated 15.12.2011.
2.The respondents / claimants filed claim petition for claiming compensation of Rs.15 lakhs for the death of one Athimoolam in a motor accident and in the claim petition it is https://hcservices.ecourts.gov.in/hcservices/ stated that on 02.03.2010 at about 8.45 hours at Maruvathur to Ammapalayam road near Poonachi Amman Koil, the deceased was riding
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his bicycle by following traffic rule, came from west to east direction at the left side of the road. At that time, the appellant / respondent / Transport Corporation bus bearing registration No.TN-45/N-1684 was driven by its driver in a rash and negligent manner and uncontrollable speed came from the same direction and dashed against the bicycle. In the above said accident, the deceased sustained fatal injury and died. At the time of accident, the age of the deceased was 42 years and he was working as a Gang Masthoor (Road Worker) in Highways Department, Tamil Nadu State Government and was earning a sum of Rs.11,000/per month. The claimants are wife, children and the parents of the deceased and the claimants claimed compensation from the appellant / Transport Corporation.
3.The appellant / Transport Corporation filed counter, in which, it is denied the averments made in the claim petition and stated that on 02.03.2010 at about 8.30 hours, the driver of the appellant / Transport Corporation bus adhering traffic rules and regulations with slowly, but, however, the deceased suddenly crossed the road without following any traffic rule and hence, the driver of the bus applied break, however, the deceased has caused the accident. Therefore, the driver of the bus is not responsible for the accident. Further the age, income, medical expenses are all to be proved by the claimants and the compensation claimed is excessive.
4.Before the Tribunal on the side of the claimants, 2 witnesses have been examined as P.Ws.1 and 2 and marked 5 documents as Exs.P.1 to 5 and on the side of the appellant / Transport Corporation no witnesses have been examined and no documents were marked.
5.Considering the oral and documentary evidence adduced on the side of the claimants, the Tribunal has held that the accident has occurred only due to rash and negligent driving of the driver of the appellant / Transport Corporation bus. Further the Tribunal has fixed the age of the deceased at 42 years and fixed the monthly income at Rs.10,200/- and after deducting family pension as Rs.3,200/- and fixed the loss of monthly income as Rs.7,000/and after deducting one third towards personal living expenses and applied the multiplier as 13 and awarded a sum of Rs.7,27,740/for the loss of income to the claimants. Further, the Tribunal has awarded a sum of Rs.5,000/- for funeral expenses and a sum of Rs.50,000/- for loss of love and affection and a sum of Rs.20,000/- for loss of consortium and totally the Tribunal awarded a sum of Rs.8,02,740/- as compensation. Aggrieved over the said award of compensation, the appellant / Transport Corporation filed this appeal challenging the quantum of https://hcservices.ecourts.gov.in/hcservices/ compensation alone.
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6.With regard to the negligent aspect, on the side of the claimants, P.W.2 eye witness to the occurrence has been examined and also marked Ex.P.1 copy of FIR and Ex.P.2 Postmortem certificate.
7.A perusal of the above said oral and documentary evidence reveals that the accident had occurred only due to rash and negligent driving of the driver of the appellant / Transport Corporation bus and no contra evidence has been adduced on the side of the appellant / Transport Corporation. Therefore, the Tribunal has correctly held that the accident has occurred due to rash negligent driving of the driver of the appellant / Transport Corporation.
8.With regard to quantum of compensation is concerned, the learned counsel appearing for the both sides admitted that the respondents/claimants in the above said claim petition filed an appeal in C.M.A.(MD)No.343 of 2012 for enhancement of compensation and this Court has partly allowed the said appeal and enhanced Rs.2 lakhs from the award passed by the Tribunal and the above said award and decree has not been challenged by the appellant / Transport Corporation so far.
9.The Tribunal has fixed the age of the deceased at 42 is correct and the monthly income fixed by the Tribunal is not exorbitant as contented by the appellant / Transport Corporation and the multiplier is also correctly applied. In respect of the amount awarded towards other heads are also not exorbitant. Further, learned counsel appearing for both sides admitted that in the claimants' appeal, this Court has enhanced the award of compensation. Therefore, the Civil Revision Appeal is liable to be dismissed.
10.In the result, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected M.P.is closed.
Sd/-
Assistant Registrar(T&P)
/True Copy/
Sub-Assistant Registrar
To
The Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.2, Tiruchirapalli
+One cc to Mr.D.Sivaraman, Advocate, SR.No.39276
+One cc to Mr.N.Sudhagar Nagaraj, Advocate, SR.No.39675 nbj
RL/4 c- 24/10/2013
02.08.2013
2 issues framed by the court
Whether the Motor Accident Claims Tribunal correctly awarded compensation for motor accident death.
Whether the enhanced compensation awarded in earlier appeal is challengeable now.
Managing Director, Tamil Nadu State Transport Corporation
Rajeswari
A.Sangeetha
A.Sandru
Nallusamy
Thailammal
R.Karuppiiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
