The Managing Director, v. Thamayandhi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.M.A.(MD)No.715 of 2016 and C.M.P.(MD) No. 7253 of 2016 The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division, Tirunelveli ... Appellant/Respondent Vs.

1.Thamayandhi 2.Minor Keerthika 3.Minor Rajadharshana 4.Minor Kavya ... Respondents/Petitioners PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and decree passed in M.C.O.P.No.4 of 2009 dated 28.06.2013 on the file of the Motor Accident Claims Tribunal cum Principal District Court, Tirunelveli.

For Appellant : Mr.P.Prabhakaran

J U D G M E N T

Challenge in the appeal is the award dated 28.06.2013 passed by the Motor Accident Claims Tribunal-cum-Principal District Court, Tirunelveli, in M.C.O.P.No.4 of 2009.

2. Heard the learned counsel for the appellant and perused the materials available on record.

3. The Claim Petition in M.C.O.P.No. 4 of 2009 was filed by the wife and three minor daughters of the deceased Mahendran, who died in a motor vehicle accident on 13.01.2008, seeking compensation of Rs.91,00,000/-. It is alleged that on 13.01.2008, at 7.00 p.m when the deceased was riding his motorcycle from Kovilpatti to his native village, the bus belonging to the appellant Corporation bearing Registration No. TN-72-N-0689 came in a rash and negligent manner from the opposite direction hit against the motorcycle causing fatal injuries to the deceased. The claim was resisted by the appellant by filing a counter disputing the age, income and occupation of the deceased and their liability to pay compensation.

4. Before the Tribunal, in order to establish their case, the first claimant examined herself as P.W.1 and four other witnesses and marked Exs.P.1 to P.7 and on the side of the appellant, 1 witness was examined as R.W.1 and marked Exs.R1 to R5.

5. P.W.2 Venkatasamy is an eye witness to the occurrence and he deposed in tune with the averments contained in the petition. P.W.1 the first claimant produced Ex.P.1 the First Information Report. Ex.P.3 and Ex.P.4 are the reports of the Motor Vehicles Inspector. Ex.P.5 is the copy of the Charge Sheet. Ex.P.6 is Observation Mahazar. Ex.P.7, Rough Sketch would show that the accident occurred only due to the negligence of the driver of the bus.

6. The appellant examined R.W.1 the driver of the Bus and also marked Ex.R.1, the judgment of the Criminal Court to show that he was acquitted from the charges. The Tribunal, accepting the evidence of eye witness and based on the documentary evidence, came to the conclusion that the driver of the bus was responsible for the accident.

7. P.W.1 has further deposed that the deceased was aged 37 years on the date of accident and he was earning Rs.12,00,000/- per annum. Ex.P.2 Postmortem Certificate shows that the deceased was 39 year old. P.W.3 the Village Administrative Officer of South Kalugumalai and P.W.4 the Village Administrative Officer of Pillayarkulam would state that the deceased is a landlord and he was having vast extent of lands in Patta Nos. 446, 449 and 764. P.W.5 corroborated the evidence of P.W.s 3 and 4.

8. Based on the evidence, the Tribunal has assessed the income of the deceased at Rs.15,000/- per month and estimated his contribution to the family at Rs.10,000/- per month. By applying multiplier '16', the Tribunal awarded compensation of Rs.19,20,000/- towards loss of dependency and Rs.80,000/- towards loss of love and affection.

9. Taking into consideration that the age of the wide as 29 years the Tribunal has awarded Rs.50,000/- towards loss of consortium, Rs.5,000/- towards transport expenses, Rs.5,000/- towards funeral expenses and Rs.5,000/- towards loss of estate. The Tribunal had totally awarded Rs.20,65,000/- along with interest at the rate 7.5 % per annum.

10. The Tribunal had awarded the amount under the following heads:

Heads Amount Loss of dependency Rs. 19,20,000/- Loss of love and affection Rs. 80,000/- Loss of consortium Rs. 50,000/- For Transport Charges Rs. 5,000/- For funeral expenses Rs. 5,000/- For Loss of Estate Rs. 5,000/- Total Rs. 20,65,000/- The appellant is admitting the liability of Rs.15,00,000/- and this appeal is preferred only challenging the amount of Rs.7,53,308/- (Rs.5,65,000 + Rs.1,88,308).

11. In the considered opinion of this Court, the award passed by the Tribunal is fair and reasonable and the same is confirmed.

12. The Transport Corporation is directed to deposit the entire award amount with interest and costs within a period of twelve weeks from the date of receipt of copy of this order, less the amount already deposited. On such deposit being made, the first claimant is permitted to withdraw her share with interest and costs as allotted by the Tribunal. The share of the minor claimants shall be deposited in any one of the nationalized banks in fixed deposit till they attain majority. The interest accruing on the minors's deposit is permitted to be withdrawn by the first claimant once in three months.

13. Accordingly, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected C.M.P.(MD) No.7253 of 2016 is also dismissed.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To, The Motor Accident Claims Tribunal-cum-Principal District Court, Tirunelveli.

+1 CC to Mr.P.PRABAKARAN, Advocate, SR No.40767 C.M.A.(MD)No.715 of 2016 and C.M.P.(MD) No. 7253 of 2016 CM 29.07.2016 SH/KM:16.11.2016:3P/3C