1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM C.M.A(MD)No.965 of 2011 and MP(MD)No.1 of 2011 The Managing Director Tamilnadu State Transport Co. Ltd. Periyamilaguparai Trichirapalli-1. .. Appellant/Respondent Vs. 1.Rayar 2.Vaiyapuri .. Respondents/Petitioners Civil Miscellaneous Appeal filed under section 173 of the Motor Vehicles Act, 1988 against the award dated 29.02.2008 passed in MCOP No.1129 of 2003 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court, Tiruchirapalli. For Appellant : Mr.M.Prakash For Respondents : No appearance JUDGMENT This Civil Miscellaneous Appeal has been directed against the award dated 29.02.2008 passed in MCOP No.1129 of 2003 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court, Tiruchirapalli. 2. The respondents herein as petitioners have filed MCOP No.1129 of 2003 on the file of the Motor Accidents Claims Tribunal praying to pass an award for the amount mentioned therein, wherein the present appellant has been shown as sole respondent. 3. It is stated in the petition that the first petitioner is the husband of the deceased and the second petitioner is the son of the deceased. On 15.12.2002 at about 11.30 am the deceased by name Omayee has stood on the southern side of road. At that time the driver of the respondent has driven the bus bearing Registration No.TN-45-N-1381 in rash and negligent manner and dashed against her and due to accident, the deceased has had instantaneous death. Under https://hcservices.ecourts.gov.in/hcservices/ 2 the said circumstances, the present petition has been filed for getting compensation. 4. In the counter filed on the side of the respondent it is stated that the accident has not happened due to rash and negligent driving of the driver of the respondent and only due to negligence on the part of the deceased, entire accident has happened and there is no merit in the petition and the same deserves to be dismissed. 5. On the basis of the available evidence on record the Motor Accidents Claims Tribunal has awarded a sum of Rs.2,66,000/- by way of compensation. With regard to quantum of liability fixed by the Motor Accidents Claims Tribunal the present Civil Miscellaneous Appeal has been preferred at the instance of the respondent as appellant. 6. Even though the respondents/petitioners have been served with summonses appearance has not been made. Under the said circumstances the present Civil Miscellaneous Appeal is disposed of on merits on the basis of the contention put forth on the side of the appellant/respondent. 7. The learned counsel appearing for the appellant/respondent has contended that in the post-mortem certificate it has been clearly mentioned that the deceased has already attained 55 years of age. But the Motor Accidents Claims Tribunal without considering the age of the deceased has erroneously adopted '11' multiplier and further the second petitioner has attained 30 years of age and also having independent income. Under the said circumstances the entire award passed by the Motor Accidents Claims Tribunal is liable to be set aside. 8. On the side of the respondents/petitioners Ex.P2 has been filed, wherein it has been stated that the deceased is aged about 55. The Motor Accidents Claims Tribunal considering the age given in Ex.P2 has rightly fixed '11' multiplier. The Motor Accidents Claims Tribunal has fixed monthly income of the deceased at Rs.3,000/- and after deducting 1/3, it has fixed Rs.2,000/- per month and yearly it comes to Rs.24,000/-. Considering the fact that '11' multiplier adopted by the Motor Accidents Claims Tribunal is perfectly correct, the petitioners are entitled to get Rs.2,64,000/-. The Motor Accidents Claims Tribunal has given Rs.2,000/- towards funeral expenses and in aggregation it has fixed Rs.2,66,000/-. In view of the discussion made earlier, this Court has not found any error in the award passed by the Motor Accidents Claims Tribunal and altogether the present Civil Miscellaneous Appeal deserves to be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 3 9. In fine, this Civil Miscellaneous Appeal deserves dismissal and accordingly is dismissed without cost and the award passed in MCOP No.1129 of 2003 by the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court, Tiruchirapalli is confirmed. Connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To The Motor Accidents Claims Tribunal/ Chief Judicial Magistrate Court, Tiruchirapalli +1cc to Mr.M.Prakash, Advocate, Sr.No.31461 C.M.A(MD)No.965 of 2011 mj SMA/11.10.2011/3C/3P https://hcservices.ecourts.gov.in/hcservices/