Madras High CourtCMA(MD)/558/2015dismissed

The Managing Director, v. Thayalnayaki,

2017-10-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.558 of 2015 and MP(MD)No.1 of 2015 The Managing Director, State Express Transport Corporation Limited, Pallavan Salai, Chennai-2, Tamil Nadu.

... Appellant/Respondent Vs.

1.Thayalnayaki 2.Mariammal ... Respondents/Petitioners Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree dated 16.10.2014 passed in M.C.O.P.No.70 of 2013 on the file of the Motor Accident Claims Tribunal / Special District Court, Thanjavur.

For Appellant : Mr.P.Prabhakaran For Respondents : No appearance

JUDGMENT

State Express Transport Corporation Limited has filed this appeal questioning the award dated 16.10.2014 made in M.C.O.P.No.70 of 2013 on the file of the Motor Accident Claims Tribunal / Special District Court, Thanjavur. 2.The respondents herein are the claimants. The deceased was the husband of the first respondent herein and father of the second respondent herein. He was an agricultural coolie. He was travelling in his bicycle on 09.06.2012 when the bus belonging to the appellant corporation caused the accident in question. 3.The Tribunal took note of the F.I.R and also the testimony of the eyewitness PW.2 and came to the conclusion that the driver employed by the appellant corporation caused the accident by his https://hcservices.ecourts.gov.in/hcservices/

rash and negligent driving. The Tribunal fixed the monthly income of the deceased at Rs.6,000/-. After deducting 1/3rd, the monthly income available for the family was quantified at Rs.4,000/-. The correct multiplier of 11 was adopted.

4.The Tribunal after awarding damages under the other heads, fixed the total compensation at Rs.6,28,000/-. It cannot be said to be excessive. There is no merit in this appeal. It stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1 .The Motor Accident Claims Tribunal / Special District Court, Thanjavur.

2. The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

Copy to

1. Thayalnayaki, Raja Raja Cholan Nagar, Thanjavur Town, Thanjavur District.

2. Mariammal, Raja Raja Cholan Nagar, Thanjavur Town, Thanjavur District.

+1cc to Mr.P.Prabhakaran, Advocate Sr.No.83368 SKM VB/MR/KKR/SAR4/13/11/2017/2P/6C C.M.A.(MD)No.558 of 2015 and MP(MD)No.1 of 2015 23.10.2017 https://hcservices.ecourts.gov.in/hcservices/