IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.09.2008 CORAM: THE HONOURABLE MR.JUSTICE S.PALANIVELU C.M.A. No.2915 of 2008 & M.P.No.1 of 2008 The Managing Director Tamil Nadu State Transport Corporation Ltd., Division No.I, Villupuram. ... Appellant/Respondent vs. 1.Parthasarathy 2.Kumari ... Respondents/Petitioners Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act,1988 against the Judgment and decree dated 16.11.2007 and made in M.C.O.P.No.473 of 2006 on the file of the Motor Accidents Claims Tribunal, (Principal District Judge), Villupuram. For Appellant : Mr.V.Ramesh J U D G M E N T On 18.5.2006 at about 7.20 a.m. while the deceased minor Suganthi was returning after getting food parcel in a bicycle on the left extreme of Villupuram Main Road near V.Palayam bus stop, a bus bearing Registration No.TN-23-N-1224 belonging to the respondent Corporation came in a rash and negligent manner, hit on the bicycle, as a result of which she was thrown away on the road and sustained grievous injuries and she was succumbed to the injuries on the infirmary. 2.The accident took place due to the negligent and rashness on the part of the bus driver. The deceased minor girl was studying sixth standard. The claimants are her parents. Hence Rs.5,00,000/- is prayed as compensation. 3.In the counter filed by the respondent/corporation it is stated that the driver of the bus was not at all responsible for the accident and he drove bus with due care and caution observing the traffic Rules. At the V.Palayam Bus stop, the bus stopped in order to alight the passengers, another Mini bus in the name and style of M.K.S. was also https://hcservices.ecourts.gov.in/hcservices/ standing in front of the respondent bus and the respondent bus driver after alighting the passengers slowly moved forward and safely overtook the Mini Bus. But the minor Suganthi all of a sudden came in a bicycle from the front side of the Mini Bus across the Road without noticing the on coming bus, and unfortunately she fell prey to the accident for which the driver of the bus was not responsible. The amount claimed is very excessive. Hence the claim petition has to be dismissed. 4.The Tribunal has gone through the oral evidence on record and reached the conclusion that the bus driver was negligent at the time of accident. It has also believed the version of P.W.2 who is an independent witness who was taking a Tea in a Hotel nearby and nothing infirm in his evidence. The observation of the Tribunal in fastening the liability upon the driver is proper and there is no need to disturb it. It is confirmed. 5.In so far as the quantum of compensation is concerned, the Tribunal has come to the conclusion that the claimants are entitled for a sum of Rs.2,25,000/- as compensation. Eventhough it does not come to a conclusion to arrive at the compensation, it is well settled that for the non earning members who are minors at the time of fatal accident, notional income of Rs.15,000/- per annum may be fixed as per the decision of the Supreme Court in MANJU DEVI AND ANOTHER Vs. MUSAFIR PASWAN AND ANOTHER reported in 2005 ACJ 99. The Supreme Court while discussing with the fatal accident pertaining to a boy of 13 years, fixing Rs.15,000/- per annum as notional income, adopting the multiplier 15 decided that a sum of Rs.2,25,000/- is available to the parents. 6.Following the above said decision, in this case also it is observed that an amount of Rs.2,25,000/- awarded by the Tribunal for the fatal accident is more appropriate and there is no need to interfere with the conclusion. Accordingly, the award passed by the Tribunal is confirmed. The Civil Miscellaneous Appeal is devoid of merits and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar rpa https://hcservices.ecourts.gov.in/hcservices/ To, 1. The Motor Accidents Claims Tribunal (Principal District Judge), Villupuram. 1 cc To Mr.V.Ramesh, Advocate, SR.53491. C.M.A. No.2915 of 2008 GR(CO) RVL 05.12.2008 https://hcservices.ecourts.gov.in/hcservices/