M/S.Tamilnadu State Transport v. Kamaraj,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.274 of 2021 C.M.A.(MD).No.17 of 2021 M/s.Tamilnadu State Transport Corporation Limited, Rep. by its Managing Director, Ranithottam, Nesamony Nagar, Nagercoil.

... Petitioner/Appellant Vs.

1.Kamaraj 2.Samundeeshwari ... Respondents/Respondents PRAYER : Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to call for the records relating to the order and decreetal order dated 02.11.2019 passed in M.C.O.P.No.982 of 2018 by the Motor Accident Claims Tribunal (III Additional District Judge), Tirunelveli, and to set aside the same.

For Appellant : Mr.R.Rajamohan For Respondents : Mr.T.Selvakumaran for R1 & R2 1/7

C.M.A.(MD).No.14 of 2022 1.Kamaraj 2.Samundeeshwari ... Appellants/Petitioners Vs.

M/s.Tamilnadu State Transport Corporation Limited, Rep. by its Managing Director, Ranithottam, Nesamony Nagar, Nagercoil.

... Respondent/Respondent PRAYER : Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to enhance the award amount in M.C.O.P.No. 982 of 2018 by the Motor Accident Claims Tribunal (III Additional District Judge), Tirunelveli, dated 02.11.2019. For Appellants : Mr.T.Selvakumaran For Respondent : Mr.R.Rajamohan COMMON JUDGMENT C.M.A.(MD).No.17 of 2021 has been filed to set aside the fair order and decreetal order dated 02.11.2019 passed in M.C.O.P.No.982 of 2018 by the Motor Accident Claims Tribunal (III Additional District Judge), Tirunelveli. C.M.A.(MD)No.14 of 2022 has been filed seeking enhancement of the above said award.

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2.The facts in brief:

On 23.03.2018 at about 05.00 p.m., the deceased Hariharan was riding two wheeler bearing registration No.TN 72 AB 8191 from north to south direction on the Tirunelveli Nagercoil Main Road. When he was nearing the place of occurrence the corporation bus bearing registration No.TN 74 N 1626 was driven by its driver in rash and negligent manner and hit the two wheeler. As a result of which, the deceased sustained grievous injuries, taken to Tirunelveli Government Medical College Hospital, Tirunelveli and died on the same day. A case was registered in Crime No.88 of 2018 for the offences under Sections 279, 337 and 304A IPC.

3.At the time of occurrence, the deceased was Engineering Graduate and doing business in the name and style of 'Halo Harlee Men's Wear' and 'ATK Enterprises at Tirunelveli earning Rs.50,000/- per month. Claiming compensation amount of Rs.1,00,00,000/-, the petition was filed by the claimant.

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4.That was resisted by the appellant. The rider of the two wheeler attempted to over take the bus, lost the control and dashed against the bus and invited the accident. Other customary denials were made. 5.At the conclusion of the enquiry, the tribunal found that the occurrence took place because of the rash and negligent driving on the part of the appellant's driver and accordingly, fixed the liability. 6.Regarding the compensation, the monthly income of the deceased was taken as Rs.20,000/- notionally. To that 40% of the future prospects were added. Arrived the monthly income as Rs.28000/-. Considering the fact that he died as bachelor, half of the amount was deducted. As mentioned above, it was fixed as Rs.14,000/-. Multiplier 17 was adopted, the dependency was calculated as Rs.28,56,000/-. To that other customary amount were added. Which are detailed in the tabulation made out.

Sl.

No.

Nature of Head Award (Rs.) 1.

Loss of Dependency 28,56,000 2.

Loss of Estate 15,000 3.

Funeral Expenses 15,000 4/7

4.

Filial Consortium to both the petitioners at the rate of Rs.

40,000/- 80000 Total 29,66,000 7.Against the award, the corporation filed appeal questioning the liability and quantum. Claimants filed appeal seeking enhancement. Both are heard together and common Judgment is passed. 8.The learned counsel for the Tamilnadu Transport Corporation would submit that only the deceased invited the accident. Regarding the compensation he submitted that taking Rs.20,000 notional income is on the higher side.

9.Per contra the claimants would submit that the proper documentary evidence was produced before the Tribunal, to show the income and he was also income tax assessee. He is having tax payer registration profile. He was running garments business. But no income tax statement was filed before the Tribunal. Even before this Court also. On the basis of the profile, notional income was fixed as Rs.20,000/-. Apart from that an Engineering Graduate can get salary of Rs.20,000/- 5/7

per month. On that ground only, the Tribunal adopted the notional income. That cannot be construed to be neither higher or nor less. Loss of dependency was fixed as Rs.28,56,000/-. There is no evidence to show that after the death of the deceased the business was closed. The business might to have been carried on by other persons. Whatever, it may be, even the contribution to the business earning, it was reasonably fixed as Rs.20,000/-. So no interference is called for. So both the appeals deserves to be dismissed.

10.Accordingly, both the civil miscellaneous appeal stand dismissed. No costs. Consequently, connected miscellaneous petition is closed.

25.07.2024 Index :

Yes / No Internet :

Yes / No TM To 1.The III Additional District Judge, Motor Accident Claims Tribunal, Tirunelveli.

2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 25.07.2024 7/7