Appeal by a road transport corporation against a motor accident compensation award for the death of a young driver-cum-cleaner. The court confirmed the finding of rash and negligent driving based on eyewitness evidence, charge sheet and driver's admission, and upheld the quantum of Rs.11,01,000, dismissing the appeal.
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.
CMA No.909 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM :
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.909 of 2021 and C.M.P. No.5218 of 2021
Judgment reserved on Judgment pronounced on 07.02.2024 19.03.2024
The Managing Director Andhra Pradesh State Road Transport Corporation Limited, Chittoor, Andhra Pradesh. .. Appellant Vs.
1.Aruna 2.Ganesan .. Respondents
Prayer : This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 23.09.2019 made in MCOP No.1346 of 2018 passed by the Sessions Judge (FTMC), Krishnagiri.
For Appellant : Mrs.G.V.Shoba For Respondents : No appearance
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J U D G M E N T
The appellant/Transport Corporation has filed the present appeal challenging the award passed by the Tribunal dated 23.09.2019 made in MCOP No.1346 of 2018 passed by the Sessions Judge (FTMC), Krishnagiri, on the ground of liability as well as quantum.
filed MCOP No.1346 of 2018 claiming compensation for the death of said Tamilasaran who died in the road transport accident happened on 25.04.2018.
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On behalf of the respondents, one Baskar was examined as RW1 and no exhibits were marked.
names are printed in the cause list, there is no representation for them.
elicited from the cross examination of RW1-driver of the bus, after investigation, police have filed charge sheet against the driver of the bus (RW1) before the learned Magistrate Court. Taking into consideration, the oral and documentary of PW2 & PW3, coupled with documentary evidence of Ex.P1 alongwith admission of RW1, has come to the conclusion that the
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accident has taken place due to the rash and negligent driving by the driver of the bus belonging to the appellant/Transport Corporation.
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was said to have been working as a driver cum cleaner of Ashok Leyland Super ACE and earning Rs.25,000/- per month. On the date of accident, the deceased was aged 25 years as per Ex.P2 – postmortem certificate. In the death certificate – Ex.P3, the age of the deceased is mentioned as 27 years and accordingly, the Tribunal has rightly fixed the age of the deceased as 25 years and applied multiplier 17, as per SARLA VERMA & OTHER v. Delhi Transport Corporation & Another reported in 2009 (2) TNMAC (1) SC and granted 40% enhancement towards future prospects as per judgment of the Hon'ble Supreme Court in National Insurance Company Limited v. Pranay Sethi and others reported in 2017 (2) TNMAC 609. In the absence of any documentary evidence to prove the income of the deceased, the Tribunal rightly fixed a sum of Rs.7500/- per month as notional income of the deceased. Since the deceased died as bachelor, the Tribunal deducted 50% towards personal expenses and awarded a sum of Rs.11,01,000/- as compensation which appears to be just and fair and does not warrant any interference by this Court.
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(i) this Civil Miscellaneous Appeal is dismissed confirming the compensation awarded by the Tribunal dated 23.09.2019 made in MCOP No.1346 of 2018 passed by the Sessions Judge (FTMC), Krishnagiri.
(ii) the appellant/Transport Corporation is directed to deposit the award amount before the Tribunal alongwith interest and costs , within a period of eight weeks from the date of receipt of a copy of this order, less the amount, if any already deposited.
(iii) on such deposit being made, the respondents /claim petitioners are permitted to withdraw the award amount on the basis of apportionment fixed by the Tribunal, less the amount, if any, already withdrawn, by filing necessary application before the Tribunal.
(iv) No costs. Consequently, connected Miscellaneous Petition is closed.
19 .03.2024
rgr
Index : Yes/No Neutral Citation:Yes/No Speaking Order: Yes/No
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RMT.TEEKAA RAMAN. J,
rgr
To
1. The Sessions Judge (FTMC), Motor Accident Claims Tribunal, Krishnagiri.
Judgment made in C.M.A.No.909 of 2021
19.03.2024
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2 issues framed by the court
Was the Tribunal's finding of rash and negligent driving by the Corporation's bus driver sustainable?
Was the compensation of Rs.11,01,000 awarded by the Tribunal just and fair on quantum?
Colour shows how this judgement treated each authority
Sarla Verma v. Delhi Transport CorporationApplied¶9
SARLA VERMA & OTHER v. Delhi Transport Corporation & Another reported in 2009 (2) TNMAC (1) SC
National Insurance Company Limited v. Pranay SethiApplied¶9
National Insurance Company Limited v. Pranay Sethi and others reported in 2017 (2) TNMAC 609
1 provisions across 1 enactments
The Managing Director, Andhra Pradesh State Road Transport Corporation Limited, Chittoor
Aruna
Ganesan
RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
