The Managing Director, v. Geetha,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE R. KALAIMATHI CMA No. 2941 of 2025 & CMP.No.24900 of 2025 The Managing Director, Tamil Nadu State Transportation Corporation Ltd., No.37, Mettupalayam Road, Coimbatore at Erode.

.... Appellant Vs

1. Geetha

2. Sivakami

3. Sadaiyappan

4. N.Senthil Kumar ... Respondents Prayer: Civil Miscellaneous Appeal filed under section 173 of the Motor Vehciles Act, 1988 praying to set aside the order dated 15.11.2023 made in MCOP.No.17 of 2019 on the file of the Motor Accident Claims Tribunal Judge/Subordinate Judge, Sathyamangalam.

For Appellant(s):

M. Murali Vinodh

ORDER

This Civil Miscellaneous Appeal is filed by the Managing Director of Tamil Nadu State Transport Corporation Ltd., Coimbatore at Erode,

challenging the award passed by the Motor Accident Claims Tribunal Judge/Subordinate Judge, Sathyamangalam in MCOP.No.17 of 2019 dated 15.11.2023.

2. Learned counsel for the appellant/ TNSTC strenuously argued that the deceased was 75 years of age and stated to be an agricultural coolie. His notional income was fixed at Rs.15,000/- per month and it is on the higher side. He would further contend that the total compensation awarded by the tribunal is on the higher side and hence sought for reduction of the compensation awarded by the tribunal.

3. Heard the learned counsel for the appellant/TNSTC and perused the materials available on record.

4. It is the evidence of PW1 that the deceased was working as an agricultural coolie and at the relevant point of time, he was aged about 27 years. The date of accident is 07.10.2018. Though no document was filed to substantiate the income of the deceased, the tribunal considering the age of

the deceased and year of the accident, came to the conclusion that in the year 2018, an agricultural coolie would have earned Rs.15,000/- per month, appears to be reasonable and acceptable. Further, as per the law laid down by the Honourable Supreme Court in National Insurance Company Limited Vs. Pranay Sethi reported in 2017 (2) TNMAC 609 (SC), 40% is added towards future prospectus. As held in Sarla Verma and others Vs. Delhi Transport Corporation and another 2009 2 TNMAC 1 SC, the tribunal by selecting appropriate multiplier of 17m, since the deceased was 27 years old at the time of accident, has rightly computed the loss of dependency as follows:

Rs.15,000/- + 40% - 1/3 x 12 x 17 = Rs.28,56,000/- Further, the tribunal has granted Rs.15,000/- as compensation each under the head of loss of estate and for funeral expenses. For loss of consortium, as the claimants are three in number, it has granted a sum of Rs.1,20,000/- ( 3 x 40000) is granted.

5. In consideration of the above said details, this Court is of the view that the compensation awarded by the tribunal under the above said heads

appears to be reasonable and acceptable and hence, it does not warrant any interference by this Court.

6. In the result, • The Civil Miscellaneous Appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. • The compensation awarded by the Tribunal is confirmed. • The appellant/TNSTC is directed to deposit the compensation of Rs.30,06,000/- awarded by the tribunal to the credit of MCOP.No.17 of 2019 on the file of Motor Accident Claims Tribunal Judge/Subordinate Judge, Sathyamangalam, along with interest at the rate of 7.5% per annum from the date of petition, till the date of realisation, (excluding the period of default, if any) less the amount, if any deposited within a period of eight weeks from the date of receipt of a copy of this judgment.

• On such deposit, the claimants are at liberty to withdraw the amount with interest and costs, after adjusting the amount, if any already withdrawn, by filing cheque application before the Tribunal.

msr 16-10-2025 Index:Yes/No Internet:Yes

To The Motor Accident Claims Tribunal Judge / Subordinate Judge, Sathyamangalam.

R.KALAIMATHI J.

msr CMA No. 2941 of 2025 16.10.2025

CMA.No.2649 of 2025 (for orders) To The Hon'ble Mrs.Justice R. Kalaimathi From M.Sasirekha, PS to the Hon'ble Judges