The Managing Director v. R. Kumaravel
C.M.A.No. 1582 of 2025 T.V.THAMILSELVI, J.
This matter was taken up for hearing under the caption "For Being Mentioned" today at the instance of learned counsel for appellant.
2. The learned counsel for appellant would submit that this Court by Judgment dated 23.06.2025 disposed of the above Civil Miscellaneous Appeal. However, he would submit that in the judgment, in 3rd and 11th lines, instead of mentioning appellant transport corporation, it was mentioned as appellant insurance company. Hence, he prayed to amend the same and requested to issue fresh order copy. Accordingly, the matter has been listed today.
3. Heard the contentions of learned counsel for appellant and perused the order.
4. Considering his submissions, Registry is directed to substitute the words in the 3rd line viz., the appellant/2nd respondent insurance company as "appellant transport corporation" and also in 11th line of the order, the words viz., appellant insurance company as "appellant transport corporation".
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5. Registry is directed to incorporate above correction in the judgment of this Court in C.M.A.No.1582 of 2025 dated 23.06.2025 and issue fresh order copy to the appellant.
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T.V.THAMILSELVI, J.
C.M.A. No.1582 of 2025 18.08.2025 3/7
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-06-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 1582 of 2025 AND CMP NO. 13964 OF 2025 The Managing Director Tamil Nadu State Transport Corporation Railway Station Road Kumbakonam Talk And Munsif Thanjavur District Appellant Vs
1. R. Kumaravel 2.K Vasanthi 3.R Venkatesan Respondents PRAYER:- Civil Miscellaneous Appeal filed under Sec.173 of Motor Vehicles Act, praying to set aside the the Decree and dated 13.09.2024 made in M.C.O.P. No.16 of 2024 on the file of Chief Judicial Magistrate/ Motor Accident Claims Tribunal, Thiruvarur.
For Appellant:
Mr. M Murali Vinodh 4/7
JUDGMENT
Challenging the impugned award passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Thiruvarur in MCOP No.16 of 2024, dated 13.09.2024, the appellant/2nd respondent insurance company preferred this Civil Miscellaneous Appeal stating that the tribunal had erroneously fixed the monthly income of minor deceased at Rs.9000/- without any proof, since he is only a student studying 11th standard and half of the amount towards personal expenses was not considered. But, considering the age of deceased was 13 years at the time of accident, the tribunal fixed the notional income and when he is a minor child, the personal expenses for himself would not arise. Therefore, the findings of tribunal in MCOP.No. 16 of 2024 is confirmed and the appellant insurance company is directed to pay the award amount as arrived by the Tribunal within a period of eight weeks from the date of receipt of copy of this judgment. Accordingly, this Civil Miscellaneous Appeal is disposed of. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 23-06-2025 Index:Yes/No 5/7
Speaking/Non-speaking order Internet:Yes To
1. Motor Accident Claims Tribunal, Chief Judicial Magistrate, Thiruvarur.
2. Section Officer, VR Section, Madras High Court. 6/7
T.V.THAMILSELVI J.
CMA No. 1582 of 2025 AND CMP NO. 13964 OF 2025 23-06-2025 7/7