Appeal against Motor Accident Claims Tribunal award fixing 70% negligence on bus and awarding Rs. 8.28 lakh. Court found Tribunal assessment based on valid evidence to be just and reasonable.
This Civil Miscellaneous Appeal is dismissed. The appellant is directed to deposit the awarded amount with accrued interest and 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.
C.M.A.(MD)No.365 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.12.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.365 of 2012
and
M.P.(MD)No.1 of 2012
The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore.
... Appellant / 1st respondent
Vs.
1.Selvarani
2.Minor.Vanitha
3.Minor.Keerthana
4.Minor.Saravanakumar
5.Minor.Vinotha ... Respondents / Petitioners
(Minor respondents 2 to 5 are represented by their mother / 1 st respondent herein)
6.A.Murugesan ... 6th respondent / 2nd respondent
C.M.A.(MD)No.365 of 2012
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the Judgment and decree passed in M.C.O.P.No.489 of 2007 dated 10.09.2009, on the file of the Motor Accident Claims Tribunal / District Court, Karur.
For Appellant : Mr.M.Prakash For R-1 to R-5 : Mr.K.Suresh Kumar For R-6 : No appearance
JUDGMENT
This Civil Miscellaneous Appeal has been directed against the Judgment and decree passed in M.C.O.P.No.489 of 2007 dated 10.09.2009, on the file of the Motor Accident Claims Tribunal / District Court, Karur by the appellant Transport Corporation (Coimbatore) challenging the liability as well as the quantum of award made by the learned Tribunal.
C.M.A.(MD)No.365 of 2012
(i) This is a fatal case. The 1st respondent is the owner of the bus bearing registration No.TN-33-N-2144 and the 2nd respondent is the owner of the TVS Centra Motor cycle bearing registration No.TN-47-L-6645. On 29.07.2007, at about 1.30 P.M., the deceased Arjunan was riding TVS Centra Motor cycle bearing registration No.TN-47-L-6645 along with one another pillion rider namely, Murugesan. While they were proceeding from west to east on the Karur - Trichy main road, near Moolakattanoor Reliance Petrol Bank, the respondent's bus who came from east to west direction in a rash and negligent manner hit against the motor cycle. As a result of which, the pillion rider Murugesan sustained head injuries and fractures all over the body and died on the spot. The rider Arjunan also sustained grievous injuries and died on the spot.
(ii) The deceased Murugesan was aged about 35 years at the time of
the accident and he was working as a bus body structural contractor at Sakthi Coach, Karur and earned a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) per month. Hence, the legal heirs of the deceased Murugesan have filed M.C.O.P.No.489 of 2007 before the Motor Accident
C.M.A.(MD)No.365 of 2012
Claims Tribunal / District Court, Karur, seeking compensation for the loss of life of the deceased Murugesan. The 1st respondent had filed a counter refuting the allegations put forth in the claim petition. After considering the oral and documentary evidence and the arguments submitted by the respective parties, the learned Tribunal had concluded by fixing 70% negligence on the part of the driver of the 1st respondent's bus and 30% negligence on the part of the rider of the two wheeler.
(iii) Ex.P-1, FIR would reveal that the deceased was working as a
contractor carrying out building works. From that, the Tribunal had concluded that both the deceased Murugesan and deceased Arjunan had worked as contractors. Arjunan carried out contract work and Murugesan assisted Arjunan to the welding contract. In the absence of any document to prove the income of the welder, the Tribunal has fixed the notional income of the deceased at Rs.5,500/- (Rupees Five Thousand and Five Hundred only) per month and had taken Rs.4,000/- (Rupees Four Thousand only) per month as contribution towards family. The age of the deceased Murugesan is 35 years. Therefore, the Tribunal has adopted the multiplier 16. Hence, the Tribunal has concluded that the petitioners were
C.M.A.(MD)No.365 of 2012
entitled to get a sum of Rs. 8,28,000/- (Rupees Eight Lakhs and Twenty Eight Thosand only) as compensation from the respondents 1 and 2 i.e., 70% from the 1st respondent and 30% from the 2nd respondent respectively. The loss of income would arrive at Rs.7,68,000/- (Rupees Seven Lakhs and Sixty Eight Thousand only) (Rs.4,000 * 12 * 16). The details of the compensation for the petitioners awarded by the learned Tribunal are as follows:
| S.No. | Description | Amount |
|---|---|---|
| 1. | Loss of Income Rs. |
7,68,000/- |
| (Rs. | 4,0001216) | |
| 2. | Funeral Expenses Rs. |
10,000/- |
| 3. | Loss of consortium for 1st petitioner Rs. |
10,000/- |
| 4. | Loss of love and affection for the petitioners 2 to 5 Rs. |
40,000/- |
| Total Rs, | 8,28,000/- |
Aggrieved by that award, the appellant / The Tamil Nadu State Transport Corporation has filed the present appeal.
C.M.A.(MD)No.365 of 2012
questioned only the quantum of compensation awarded by the Tribunal and submitted that the compensation awarded by the Tribunal is excessive, exorbitant and without any basis and justification. Hence, the order passed by the Tribunal is not in accordance with law and the same should be set aside.
has rightly assessed the oral and documentary evidence and arrived at a just and reasonable compensation. Hence, this Court is of the considered
C.M.A.(MD)No.365 of 2012
view that it is not necessary to interfere with the award passed by the Tribunal. Accordingly, this Civil Miscellaneous Appeal is dismissed.
13.12.2023
NCC : Yes / No Index : Yes / No Internet : Yes Sml
C.M.A.(MD)No.365 of 2012
To
The Motor Accident Claims Tribunal / District Court, Karur.
Copy to
The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
C.M.A.(MD)No.365 of 2012
L.VICTORIA GOWRI, J.,
Sml
C.M.A.(MD)No.365 of 2012
13.12.2023
2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in assessing the negligence and fixing the quantum of compensation.
Whether the quantum of compensation awarded by the Tribunal is excessive, exorbitant, or without basis.
Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd.
Selvarani
Minor.Vanitha
Minor.Keerthana
Minor.Saravanakumar
Minor.Vinotha
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
