The Regional Manager v. Arokkiyamary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 16162 OF 2025

1. The Regional Manager Tamil Nadu State Transport Corporation, New Railway Station Road Kumbakonam Munsif and Town Appellant(s) Vs

1. AROKKIYAMARY W/o. Arokiyasamy, Thatti, Adhaanoormandapam, Sithamalli Post, Needamangalam Taluk and Munsif 2.Joseph Baskar Joseph Baskar S/o Arokkiyasamy 192/2, Thatti, Adhaanoormandapam Athanoor, Needamangalam Taluk and Munsif 3.Jenova Arulmary Jenova Arulmary W/o Manickam RV Nagar, 1st Street, Pallapatti, Dindugal.

4.Roslin

Roslin W/o Arokkiyaraj 192/2, Thatti, Adhaanoormandapam Athanoor, Needamangalam Taluk and Munsif.

5.Deivanai Deivanai W/o Elangovan 1/317, East Street, Sirkazhi,Alakkudi,Nagappattinam Respondent(s) PRAYER To set aside the Decree and Judgment dated 20.02.2024 made in M.C.O.P. No.85 of 2022 on the file of Motor Accident Claims Tribunal/Subordinate Judge, Mannargudi, and be pleased to dismiss the above claim as against the appellant and thus render Justice.

For Appellant(s):

Mr.M Murali Vinodh For Respondent(s):

JUDGEMENT Challenging the judgement and decree passed by the Motor Accident Claims Tribunal/Subordinate Judge, Mannargudi, in M.C.O.P. No.85 of 2022, the Regional Manager, Tamil Nadu State Transport Corporation, Kumbakonam/appellant filed this appeal.

2. On 08.02.2021, at about 05.00 a.m., the deceased Arockiasamy was walking on the left side of the Sithamalli road, at that time bus bearing registration No. TN 68 N 0625 driven by its driver in a rash and negligent manner dashed against the deceased due to which he died on the spot. Thereafter, the deceased Arockiasamy's legal heirs filed the petition before the tribunal claiming compensation. Thereafter, the appellant herein contested the case by filing counter. After considering the oral and documentary the tribunal awarded compensation of Rs.4,22,950/-. Challenging the award passed by the tribunal the appellant/Transport Corporation filed this appeal.

3. The submission of the learned counsel for the appellant is that the deceased Arockiasamy was aged about 80 years at the time of the accident but the tribunal has awarded Rs.5,000/- as notional income of the deceased without any proof hence, he prays to set aside the award passed by the tribunal.

4. Considering the fact that the accident was happened in the year 2021 so the tribunal has rightly fixed Rs.5,000/- as notional income of the deceased as such is justifiable and needs no interference and in other heads also the tribunal

has fixed compensation reasonably. Accordingly, this Civil Miscellaneous Appeal is dismissed. No Costs. Pending petition(s), if any, is/are closed. 16-07-2025 Pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Motor Accident Claims Tribunal/Subordinate Judge, Mannargudi

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

T.V.THAMILSELVI J.

pbl AND CMP NO. 16162 OF 2025 16-07-2025