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Madras High CourtCMA/1083/2016disposed of

The Managing Director v. Rajathi

2016-04-29Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.04.2016

CORAM

THE HON'BLE Mr.JUSTICE S.VAIDYANATHAN C.M.A.No.1083 of 2016 and C.M.P.No.8059 of 2016 The Managing Director, TNSTC, Kancheepuram.

... Appellant/1st Respondent Vs.

1.Rajathi 2.Aruldoss 3.Santhanadoss 4.Flawrance Vanaja 5.Jayanthi Glara 6.SVKL Transport Contractor, Rep by its Proprietor Madubabu, No.10/154-D4-21, 2nd Lane Rajendira Nagar, Gudivada, Krishna District, Andhra Pradesh State.

7.The Branch Manager, The Oriental Insurance Co. Ltd., 75, Krishnan Street, Tiruvannamalai. ... Respondents/1 to 5 Petitioner and 3rd Respondent Civil Miscellaneous Appeal preferred under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 11.03.2014 made in M.C.O.P.No.152 of 2013 on the file of the Special Sub Court, Motor Accidents Claims Tribunal, Tiruvannamalai. For Appellant : Mr.P.Paramasivadoss

J U D G M E N T

The Transport Corporation has preferred this Civil Miscellaneous Appeal challenging the judgment and decree dated 11.03.2014 made in M.C.O.P.No.152 of 2013 on the file of the Special Sub Court, Motor Accidents Claims Tribunal, Tiruvannamalai.

2. This is a case of fatal accident. On 21.08.2010 at 8.30p.m., while the deceased John Franklin was travelling in the appellant/Transport Corporation bus bearing registration No.TN-21N-1107 from Trichy to Villupuram, near Chinnaru village, the driver of the bus, in a rash and negligent manner dashed against a lorry bearing Registration No.AP-16-Y-4334, which was parked on the

extreme left side of the road, due to which, John Franklin sustained head injuries and died on the spot. The lorry belonging to the 6th respondent was insured with the 7th respondent. The wife and children, who are the claimants of the deceased have filed a claim petition before the Tribunal seeking compensation of a sum of Rs.10,00,000/-.

3. The Tribunal based on the oral evidence of the witnesses, and the documentary evidence, granted the following amounts as compensation to the claimants with interest at 7.5% per annum:- Sl.No .

Head Amount granted by the Tribunal Loss of dependency R s.3,96,000/- Loss of consortium Rs. 10,000/- Loss of love and affection Rs. 50,000/- Funeral expenses Rs. 10,000/- Total Rs.4,66,000/-

4. The only grievance of the appellant is that when there is no proof for the income as well as for the age of the deceased, the Tribunal ought not to have taken his monthly income at Rs.4,500/-.

5. This Court heard the submissions made by the learned counsel for the appellant and perused the materials available on record.

6. The Tribunal, taking note of the age of the deceased as 55 years, has fixed his income at Rs.4,500/- per month and after deducting 1/3rd towards his personal expenses, granted a sum of Rs.3,96,000/- towards 'loss of dependency' by adopting '11' multiplier.

7. The Honourable Apex Court, in the judgment rendered in Syed Sadiq V. Divisional Manager, United India Insurance Co. Ltd., 2014 (1) TN MAC 459 (SC), in respect of a vegetable vendor, who sustained injuries in an accident which occurred in 2008, determined Rs.6,500/- as the monthly income. In view of Syed's case referred to above, the contention of the appellant that the Tribunal is erred in fixing the income of the deceased at Rs.4,500/- per month is on the higher side, cannot be accepted.

8. In the above circumstances, finding no merit, by confirming the award of the Tribunal, the Civil Miscellaneous Appeal is dismissed. The rate of interest granted by the Tribunal is also confirmed. The appellant Transport Corporation is directed to deposit the entire award amount together with interest to the credit of MCOP No.152 of 2013 on the file of the Special Sub Court [Motor Accidents Claims Tribunal], Tiruvannamalai, if not already

deposited, within a period of four weeks from the date of receipt of a copy of this order and on such deposit being made, the claimants are entitled to withdraw their respective shares as apportioned by the Tribunal on filing necessary applications before the Tribunal. No costs. Consequently, connected Miscellaneous Petition is closed.

9.

The Trial Court is expected to follow the procedures contemplated in the order dated 11.03.2016 passed by a Division Bench of this Court in C.M.A.No.428 of 2016, scrupulously. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To :

The Special Judge, Sub Court [Motor Accidents Claims Tribunal], Tiruvannamalai.

nm(co) krd 17/8 C.M.A.No.1083 of 2016 and C.M.P.No.8059 of 2016