The Managing Director v. Senthil Kumar
Case brief
What is this about?
Madras High Court (S.Sounthar, J.) in CMA.No.523 of 2025, decided 24.02.2025, dismissed the Tamil Nadu State Transport Corporation's appeal challenging the MACT Vridhachalam award of Rs.9,56,920/- with 7.5% interest to injured motorcyclist Senthil Kumar. Key points: negligence finding upheld on basis of claimant's testimony corroborated by FIR against bus driver; plea of contributory negligence based on doctor's admission of smell of alcohol rejected in effect; notional income of Rs.9,000/- per month upheld as reasonable (in fact on the lower side) despite lack of income proof, the Court being empowered to fix notional income considering date of accident (2019) and cost of living. Useful for: motor accident claims, burden of proving income/notional income, contributory negligence, Section 173 Motor Vehicle Act appeals.
What did the court decide?
On the evidence of P.W.1 corroborated by the contents of the FIR (registered only against the bus driver and admitted by R.W.1), the Tribunal rightly concluded that the accident occurred due to the negligence of the driver of the appellant corporation, and that finding requires no interference; consequently the plea for contributory negligence based on R.W.2's admission of a smell of alcohol fails.