Dismissed

The Managing Director, v. Revathi

Madras HC1 Dec 2016CMA(MD)/1041/2014

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court dismissed the civil miscellaneous appeal filed by the insurance company against the compensation award of Rs.9 lakhs fixed by the Motor Accident Claims Tribunal, confirming the notional income and the award amount.

What did the court decide?

The appellant/insurance company directed to deposit the award amount; claimant permitted to withdraw share.

The Managing Director, Vs Revathi — Motor Accident Claims | Madras HC (2016)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.12.2016

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CORAM :

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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CMA(MD)No.1041 of 2014

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and

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M.P(MD)No.2 of 2014

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The Managing Director, Tamil Nadu State Transport Corporation, Karaikudi. ... Appellant / 1^st Respondent

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vs.

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1)Revathi 2)Minor Pradeep 3)Minor Seethalakshmi Respondents 1 to 3 / Petitioners 1 to 3

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(The minor respondents 2 and 3 are represented their mother and guardian the 1^st respondent)

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4)Mani 5)Nagalakshmi @ Nagammal 6)Chitra 7)Dhanapal 8)Sathi ... Respondents 4 to 8 / Respondents 2 to 6

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Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 07.01.2014 passed in MCOP.No.174 of 2012 on the file of the Motor Accident Claims Tribunal/Principal District Court, Pudukkottai.

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For Appellant : Mr.P.Prabhakaran For R1 : Mr.G.Mathavan For RR2 to 8 : No appearance

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JUDGMENT

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It is the case of unfortunate case of fatal accident took place on 05.01.2012 around 01.45 p.m on Trichy-Pudukkottai road near Amma Chathiram. The legal heirs of the deceased filed an application before the Motor Accident Claims Tribunal/Principal District Court, Pudukkottai, and the Tribunal considering the facts and circumstances of the case, awarded Rs.9,00,000/- as https://hcservices.ecourts.gov.in/hcservices/ total compensation with interest at 7.5% per annum. The present appeal is filed by the appellant/insurance company, mainly challenging the quantum of compensation awarded by the Tribunal.

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2.Learned counsel for the petitioner contended that the monthly income was erroneously fixed by the Tribunal as Rs.5,000/without any proof. This apart, the deceased who was the rider of the two wheeler, was also responsible for the accident. Such being the case, the deceased ought to have been treated as tortfeasor and the appellant ought to have been exonerated from the liability.

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3.The fixation of Rs.5,000/- as monthly income of the deceased cannot be construed as excessive, in view of the fact that the notional income of Rs.5,000/- is said to be fair and reasonable. In view of the facts and circumstances of the case, this Court is not inclined to consider the grounds of appeal and accordingly, the impugned award is confirmed.

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4.The appellant is directed to deposit the entire award amount with proportionate accrued interest and costs, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this judgment, if not deposited already and thereafter, the 1^st respondent/claimant, is permitted to withdraw her share with interest, through RTGS, by filing necessary applications before the Tribunal. The shares of the respondents 2 and 3/minor claimants shall be deposited in a Nationalised Bank in Fixed Deposit, till they attain majority and on attaining majority, it is for them to approach the Tribunal for disbursement of their shares, by making necessary applications.

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In the result, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, M.P(MD)No.2 of 2014 is closed.

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Sd/-

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Assistant Registrar(CSII)

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/True Copy/

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Sub Assistant Registrar

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nbi

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The Principal District Court, Motor Accident Claims Tribunal,Pudukkottai. Copy to:

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The Section Officer / Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai

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+1cc to Mr.P.Prabhakaran Advocate Sr.No. 78385

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JAM/23.01.2017/GSV-SV 2p-4c

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https://hcservices.ecourts.gov.in/hcservices/

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CMA(MD)No.1041 of 2014

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01.02.2016

The Managing Director, v. Revathi

Case brief

What is this about?

What did the court decide?

The Managing Director, v. Revathi

Case brief

What is this about?

What did the court decide?

What the court decided

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