The High Court held that the Motor Accident Claims Tribunal rightly assessed liability but reduced the interest rate on the compensation awarded from 9% p.a. to 7.5% p.a.
Interest on compensation reduced from 9% per annum to 7.5% per annum. Appellant to deposit the entire award with reduced 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.(MD)No.1339 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.12.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.1339 of 2011
and
M.P.(MD)No.2 of 2011
The State Express Transport Corporation Limited, Through its Managing Director, Pallavan Salai, Chennai. ... Appellant
Vs.
1.Pon Esakki 2.Kaniammal
... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Order 173 of Motor Vehicles Act, 1988, to set aside the Judgment and decree passed in M.C.O.P.No.1757 of 2007 dated 31.12.2009, on the file of the Motor Accident Claims Tribunal / Principal District Court, Tirunelveli.
C.M.A.(MD)No.1339 of 2011
For Appellant : Mr.M.Prakash For respondent : No appearance
JUDGMENT
This Civil Miscellaneous Appeal is by the appellant Transport Corporation to set aside the Judgment and decree passed in M.C.O.P.No. 1757 of 2007 dated 31.12.2009, on the file of the Motor Accident Claims Tribunal / Principal District Court, Tirunelveli.
their rank before the Trial Court.
(i) This is a case of fatal. On 08.10.2007 at about 1.00 A.M., the deceased one Mariappan was travelling in a bus bearing registration No. TN 01 N 6512 belonging to the respondent. When the bus reached near Chepakkam village on the Trichy to Chennai main road, the driver of the bus had driven the bus in a rash and negligent manner and dashed against
C.M.A.(MD)No.1339 of 2011
the rear portion of the lorry bearing registration No.TN 45 AC 7611 which was parked in the left side of the road. As a result of which, the deceased sustained several injuries and trapped inside the bus and died on the spot itself. An FIR was registered against the driver of the bus. The deceased was doing Agriculture and Land broker work and thereby earned not less than Rs.9,000/- (Rupees Nine Thousand only) per month.
(ii) Hence, the legal heirs of the deceased who are the wife and the mother of the deceased have filed a M.C.O.P.No.1757 of 2007 before the Motor Accident Claims Tribunal / Principal District Court, Tirunelveli, for the loss of life of deceased Mariappan. Two witnesses were examined and Ex.P.1 to Ex.P.6 were marked on the side of the petitioners. One witness was examined and no documentary evidence was marked on the side of the respondent. After considering the oral and documentary evidence, the learned Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the bus and fixed the liability on the part of the respondent and also awarded a sum of Rs.6,00,500/- (Rupees Six Lakhs and Five Hundred only) as compensation with interest at 9% p.a. from the date of petition. Aggrieved by that award, the appellant / The
C.M.A.(MD)No.1339 of 2011
Tamil Nadu State Transport Corporation has filed the present appeal.
C.M.A.(MD)No.1339 of 2011
judgment, less the amount, if any already deposited. On such deposit, the claimants are permitted to withdraw the said amount, less the amount, if any already withdrawn, by making necessary application before the Tribunal. No costs. Consequently, connected miscellaneous petition is closed.
08.12.2023
NCC : Yes / No Index : Yes / No Internet : Yes Sml
To The Motor Accident Claims Tribunal/ Principal District Court, Tirunelveli.
Copy to
The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
C.M.A.(MD)No.1339 of 2011
L.VICTORIA GOWRI, J.,
Sml
C.M.A.(MD)No.1339 of 2011
08.12.2023
2 issues framed by the court
Whether the Motor Accident Claims Tribunal awarded compensation at 9% p.a. interest is excessive.
Whether interdict can reduce the interest rate awarded by the Tribunal.
1 provisions across 1 enactments
State Express Transport Corporation Limited
Pon Esakki
Kaniammal
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
