The Madras High Court dismissed the transport corporation's appeal against the Motor Accident Claims Tribunal's award in a fatal accident case, holding the compensation quantum was reasonable and not excessive.
The appeal was dismissed; the appellant directed to deposit the awarded amount with interest and costs to the Tribunal.
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.366 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.366 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.Thulasimani 2.Minor.Balakrishnan 3.Mariyayee ... Respondents / Petitioners
(Minor 2nd respondent is represented by their mother / 1st respondent herein)
4.A.Murugesan ...4th Respondent/2nd respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the Judgment and decree passed in
C.M.A.(MD)No.366 of 2012
M.C.O.P.No.490 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 and R-2 : Mr.K.Suresh Kumar For R-3 : Dismissed For R-4 : No appearance
JUDGMENT
This Civil Miscellaneous Appeal has been directed against the Judgment and decree passed in M.C.O.P.No.490 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.
their rank before the Trial Court.
C.M.A.(MD)No.366 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 1st 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 Arjunan was aged about 33 years at the time of the accident and carried out bus body structural contractor at Srinivasa Industries, Paramathi and earned Rs.25,000/- (Rupees Twenty Five Thousand only) per month. Hence, the legal heirs of the deceased Arjunan have filed M.C.O.P.No.490 of 2007 before the Motor Accident Claims
C.M.A.(MD)No.366 of 2012
Tribunal / District Court, Karur, seeking compensation for the loss of life of the deceased Arjunan. The 1st respondent had filed a counter refuting the allegations putforth 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 Arjunan 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 contractor. 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 deceased, the Tribunal has fixed the notional income of the deceased as Rs.5,000/- (Rupees Five Thousand only) per month and had taken Rs.4,000/- (Rupees Four Thousand only) per month as contribution towards his family. The age of the deceased Arjunan is 33 years. Therefore, the Tribunal has adopted the multiplier 17. Accordingly, the loss of income would arrive at Rs.8,16,000/- (Rupees
C.M.A.(MD)No.366 of 2012
Eight Lakhs Sixteen Thounsand only) (Rs.48,000*17). But, after deducting 30% for the negligence of the deceased, the claimants were entitled to get Rs.5,44,000/- (Rupees Five Lakhs Forty Four Thousand only) for loss of income. Hence, the Tribunal had concluded that the claimants were entitled to get a sum of Rs. 5,84,000/- (Rupees Five Lakhs and Eighty Four Thousand only) as compensation from the respondents 1 and 2 i.e., 70% from the 1st respondent and 30% from the 2nd respondent respectively. 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. 5,44,000/- |
| 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 and 3 |
Rs. 20,000/- |
| Total | Rs, 5,84,000/- |
Aggrieved by that award, the appellant / The Tamil Nadu State Transport Corporation has filed the present appeal.
C.M.A.(MD)No.366 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.366 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.366 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.366 of 2012
L.VICTORIA GOWRI, J.,
Sml
C.M.A.(MD)No.366 of 2012
13.12.2023
2 issues framed by the court
Whether the High Court should interfere with the quantum of compensation awarded by the Motor Accident Claims Tribunal.
Whether the Tribunal's assessment of negligence was reasonable based on the evidence.
1 provisions across 1 enactments
Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd.
Thulasimani
Minor Balakrishnan
Mariyayee
A.Murugesan
LVICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
