The Managing Director, v. Selvi. W/O. Late Mahalingam.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.214 of 2015 and M.P.(MD).No.2 of 2015 The Managing Director, Tamil Nadu State Transport Corporation, (Kumbakonam Limited), Pudukottai.

... Appellant Vs.

1.Selvi 2.Minor Manalakshmi 3.Minor Maha Eswaran 4.Sundaresan 5.Banumathi (Minors 2 and 3 are represented through their mother and natural guardian Selvi, the 1st respondent herein) ... Respondents Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the judgment and decree passed by the Motor Accident Claims Tribunal, Additional District & Sessions Court, Pudukottai in M.C.O.P.No.72 of 2011 dated 03.01.2014.

For Appellant : Mr.D.Sivaraman For Respondents : Mr.K.Baalasundharam

JUDGMENT

Heard the learned counsel on either side.

2.The Transport Corporation has filed this appeal challenging the impugned award on the ground of quantum.

3.The learned counsel would point out that excess amounts have been awarded under the heads such as loss of estate and loss of love and affection. Even though this contention is correct, it would not make any difference to the ultimate out come. The compensation awarded under other heads can be easily re-adjusted. https://hcservices.ecourts.gov.in/hcservices/ 4.The deceased was aged 40 years. Therefore multiplier will

have to be taken as 15. The accident took place in the year 2010. Though the monthly income is taken as Rs.6,000/-, the Tribunal has chosen to fix only a sum of Rs.4,000/- as monthly income. If this aspect of the matter is taking into account, it can be very easily concluded that the sum of Rs.10,50,000/- that has been awarded cannot be said to be excessive. The deceased has left behind his wife, his aged parents and two minor children. I therefore do not find any reason to interfere with the impugned award. The award dated 03.01.2014 on the file of the Motor Accident Claims Tribunal, Additional District & Sessions Court, Pudukottai, made in M.C.O.P.No.72 of 2011 is confirmed.

5.The appellant is directed to deposit the entire compensation amount of Rs.10,50,000/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any. On such deposit, the claimants are entitled to withdraw the same, as apportioned by the Tribunal, less the amount already withdrawn by him, if any, by filing proper application before the Tribunal. 6.This Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Motor Accident Claims Tribunal, Additional District & Sessions Court, Pudukottai. 2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.D.SIVARAMAN Advocate in SR. No. 86094 +1cc to Mr.K.BAALASUNDHARAM Advocate in SR. No. 86143 TSG JS/KP/SAR.4/18.12.2017/2P-5C C.M.A.(MD)No.214 of 2015 and M.P.(MD).No.2 of 2015 09.11.2017 https://hcservices.ecourts.gov.in/hcservices/