The General Manager, v. Mr. K. Muthuramu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN C.M.A.No.756 of 2016 and C.M.P.No.6192 of 2016 The General Manager Tamil Nadu State Transport Corporation Ltd., Thirumayam Salai, Pudukottai. ... Appellant/Respondent vs.

1. K.Muthuramu

2. Thenmozhi

3. M.Balasubramanian

4. Miss.Ganga Rani ..Respondents/Petitioners Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and decree dated 26.02.2015 passed in M.C.O.P.No.513 of 2013 on the file of the Motor Accidents Claims Tribunal , Principal District Judge, Perambalur For Appellant : Mr.V.S.Vijay Veliappan

JUDGMENT

(Judgment of the Court was delivered by S.VAIDYANATHAN,J) The Insurance Company has preferred this Civil Miscellaneous Appeal challenging the Judgment and decree dated 26.02.2015 passed in M.C.O.P.No.513 of 2013 on the file of the Motor Accidents Claims Tribunal , Principal District Judge, Perambalur.

2. It is a case of fatal accident. On 01.03.2013, when the deceased Pandi Mari was riding his Hero Honda Two Wheeler motorcycle bearing Registration No.TN 63-U-9726 on ThirumayamRangiyiam road on the extreme left side, at about 01.20 p.m., when he was proceeding at the place near Bairavar Koil at Mela Thurvasapuram, the Government Bus, bearing Registration No.TN01-N-4005 belonging to the respondent, which was proceeding on the above said road from Ponnamaravathi towards Thirumayam, in a rash and negligent manner, dashed against the deceased, thereby, the deceased sustained multiple grievous injuries all over the body. Immediately he was taken to the hospital for treatment and was treated as inpatient from 01.03.2013 to 03.03.2013, however he was succumbed to the injuries on 03.03.2013. The

parents and the brother and sister of the deceased who are the claimants have filed a claim for compensation for a sum of Rs.50,00,000/-.

3. In support of the claim, Muthuraman, father of the deceased was examined as P.W.1; one Gurusamy was examined as P.W.2. And one Chandrasekar, Executive client Service was examined as P.W.3 and Exs.P-1 to Ex.P.22 were marked, the details of which are as follows:- Ex.No.

Details P1 xerox copy of FIR P2 Xerox Copy of the Postmortem certificate P3 Certificate issued to the deceased Pandi Mari by the Kauvery Hospital, Trichy P4 Death Certificate P5 Xerox copy of the legal heirship certificate P6 Xerox copy of the driving licence of the deceased P7 Xerox copy of transfer-cum-conduct certificate P8 Xerox copy of B.Sc. Degree statement of marks of the deceased P9 Xerox copy of B.Sc. Degree certificate P10 Authorization letter of Global InnovSource Solutions Pvt. Ltd.

P11 I.D.Card of P.W.3 issued by Global InnovSource Solutions Pvt. Ltd.

P12 Xerox copy of Employment form of the deceased P13 Xerox copy of joining report P14 Xerox coy of Work Assignment letter P15 Xerox coy of Transfer-cum-Conduct certificate P16 Xerox copy of Experience certificate issued by M/s Excellent Industrial Instruments, Chennai 600 049 P17 Xerox copy of Payslip of the deceased P18 Xerox copy of Company profile P19 Xerox copy of Employment details available in the company P20 Xerox copy of registration of company P21 Xerox copy of change of name of the company P22 Xerox copy of PAN card of the company

On behalf of the Insurance Company, no document was marked, however, Subramanian, driver of the bus was examined as R.W.1.

4. The Tribunal based on the oral evidence of the witnesses, the F.I.R. and taking note of the fact that the deceased was having valid driving licence to drive the two wheeler came to conclusion that due to the rash and negligent driving of the driver of the offending vehicle the accident had occurred and he alone was responsible for the accident and consequently liability was fixed on the appellant, to compensate the claimants.

5. Based on the oral and documentary evidence, the Tribunal granted the following amounts as compensation with interest at 7.5% per annum:- Sl.

No.

Head Amount granted by the Tribunal Loss of income Rs.16,46,280/- Loss of love and affection to claimants Rs. 40,000/- Transport charges Rs. 10,000/- Funeral expenses Rs. 10,000/- Loss of Estate Rs. 10,000/- Total Rs.17,16,280/- rounded off to Rs.17,16,000/-

6. The learned counsel for the appellant would submit that awarding a compensation of a sum of Rs.17,16,000/- towards the death of a 26 year old, who was working as Area Tower Technician at Global InnovSource Solutions Pvt. Ltd., in favour of his parents and his brother and sister is highly excessive and unsustainable. According to the learned counsel, the multiplier fixed by the Tribunal is very high when compared with the Motor Vehicles Act,. Hence, the learned counsel for the appellant has sought for allowing of the Civil Miscellaneous Appeal.

7. This Court heard the submissions of the learned counsel for the appellant and perused the materials available on record.

8. According to the claimants, the deceased Pandi Mari was working as a Area Tower Technician at Global InnovSource Solutions Private Limited and was earning a sum of Rs.15,000/- per month. According to R.W.1 by placing reliance on Ex.P.17, the income of the deceased at the time of Accident was Rs.8,069/-. Hence, the Tribunal, on perusing both oral and documentary evidence, fixed the monthly income of the deceased at Rs.8,070/- and by adding 50% towards future prospects and by

deducting 1/3rd towards personal expenses, since there are four claimants and since the age of the deceased at the time of accident was 26 years, by adopting 17 multiplier, has correctly calculated the loss of income. Further, a perusal of the Judgment of the Tribunal reveals that the compensation granted under the other heads also appear to be reasonable. Hence, we find no reason to reduce the compensation awarded by the Tribunal.

9. There is no serious objection with respect the interest granted at 7.5% per annum.

10. In the above circumstances, finding no merit, the Civil Miscellaneous Appeal is dismissed. The appellant is directed to deposit the entire award amount with proportionate interest to the credit of M.C.O.P.No.513 of 2013 on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Perambalur, within a period of eight weeks from the date of receipt of a copy of this order and on such deposit being made, the claimants are permitted to withdraw their respective shares, as apportioned by the Tribunal, by filing appropriate applications before the Tribunal. There will be no order as to costs in this appeal. Connected miscellaneous petition is closed. s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To 1.The Motor Accidents Claims Tribunal Principal District Judge, Perambalur.

2. The Section Officer, V.R.Section, High Court, Madras.

+ 1 cc to Mr.V.S.Vijay Veliappan, Advocate SR 22084 ak(co) prk4/5 C.M.A.No.756 of 2016