The High Court held that the age of the deceased recorded in the postmortem report was unreliable given the ages of the claimants. Correcting the age to 61 years, the Court reduced compensation from Rs.9,52,500 to Rs.4,44,600 based on adjusted multipliers and income.
Compensation reduced to Rs.4,44,600; appellant directed to pay adjusted amount with interest.
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.
C.M.A.No.922 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.09.2022
C O R A M
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.922 of 2022 and C.M.P.Nos.6855 and 12271 of 2022
The Managing Director, APSRTC Kurnool II Depot, Kurnool District, Andhrapradesh .. Appellant
-Vs.-
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, against the Award and Decree dated 29.03.2019 passed by the I Additional District and Sessions Judge, Vellore in M.C.O.P.No.543 of 2018 and to set aside the same.
For Appellant : Ms.G.V.Shoba
For Respondents : Mr.M.Hari Rajan
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C.M.A.No.922 of 2022
JUDGMENT
The Transport Corporation has filed the above appeal, challenging the quantum of compensation granted by the Motor Accident Claims Tribunal, Vellore in M.C.O.P.No.543 of 2018.
age of the deceased is shown as 49 years, when the first respondent herein, his eldest daughter is aged about 33 years.
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contained in the postmortem report cannot be taken to be the true age. That apart, the age of the deceased given in the postmortem report has not been arrived at by adopting a scientific method, but only as per the details furnished to the hospital.
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C.M.A.No.922 of 2022
| Heads | Amount by the Tribunal |
Amount Awarded by this Court |
|---|---|---|
| in Rs. | in Rs. | |
| Loss of Income | 8,77,500 | 3,69,600 |
| Loss of love and affection | 60,000 | 60,000 |
| Funeral expenses | 10,000 | 10,000 |
| Transport expenses | 5,000 | 5,000 |
| Total | 9,52,500 | 4,44,600 |
the compensation of Rs.9,52,500.00 awarded by the Tribunal is hereby reduced to a sum of Rs.4,44,600.00 together with interest @ 7.5 % per annum from the date of petition till the date of deposit. The appellantTransport Corporation is directed to deposit the said amount Rs.4,44,600.00 to the credit of M.C.O.P.No.543 of 2018 together with interest @ 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of six weeks from the date of receipt of a copy of this Judgement. On such deposit being made, the claimants are permitted to withdraw the amount now determined by this Court, along with interest and costs, as apportioned by the Tribunal, after adjusting the amount if any already
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withdrawn. The Transport Corporation is permitted to withdraw any excess amount, if any deposited by them. The claimants are directed to pay the Court fee for the compensation amount as awarded by this Court. The Tribunal below shall not disburse the compensation amount till such time as the certified copy showing proof of payment of Court fee has been produced by the claimant. In other respects, the impugned Award of the Tribunal is hereby confirmed. No costs. Consequently, connected C.M.P.No.6855 of 2022 is closed. In view of the order passed in C.M.A, C.M.P.No.12271 of 2022 is also closed.
29.09.2022
srn
To
V.R.Section, High Court, Madras.
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C.M.A.No.922 of 2022
P.T.ASHA, J.,
srn
C.M.A.No.922 of 2022 and C.M.P.Nos.6855 and 12271 of 2022
29.09.2022
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2 issues framed by the court
Whether the age of the deceased alleged in the postmortem report is sustainable given the ages of the claimants?
Whether the compensation quantum awarded by the Tribunal should be modified based on the corrected age and future prospects?
1 provisions across 1 enactments
The Managing Director, APSRTC
S. Violet
K. Seemarani
C. Sheebarani
I. Anbarasan
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
