1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A.No(MD)No.575 of 2011 and M.P(MD)No.1 of 2011 The Managing Director, Tamil Nadu State Transport Corporation Ltd., Kumbakonam. ... Appellant/Respondent Vs. 1.Anandavalli 2.Gnanambal ... Respondents/Petitioners * * * * PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 26.10.2005 made in M.C.O.P.No.187 of 2005 on the file of the Motor Accident Claims Tribunal,(Additional Subordinate Judge), Thanjavur. For Appellant : M/s.Rajnish Pathiyil J U D G M E N T This Civil Miscellaneous Appeal is on consent taken up for final disposal on merits at the admission stage. 2. The respondent/State Transport Corporation is the appellant herein. This Civil Miscellaneous Appeal is filed against the award of compensation of Rs.1,82,000/- payable with interest at 7.5% per annum from the date of petition till date of payment passed in favour of the claimants 1 and 2, who are none else than the wife and mother of one Manoharan, who is the victim of the fatal accident occurred at 3.30 p.m., on 01.05.2004 at Gandhiji Salai, Thanjavur, due to rash and negligent driving of the State Transport Corporation bus. 3. The date, time, place and manner of the accident, involvement of the deceased in the accident, his death due to the injuries sustained by him in the accident, the age and avocation of the deceased, the relationship of the claimants and the deceased and the dependency of the claimants upon the earning of the deceased, are not so seriously denied. 4. The Tribunal has on the basis of the available evidence, awarded compensation of Rs.1,82,000/- to wife and mother of the deceased under the following heads: https://hcservices.ecourts.gov.in/hcservices/ 2 Loss of income and dependency :Rs.1,50,000/- (Rs.10000 X 15) Loss of love and affection :Rs. 30,000/- Funeral expenses :Rs. 2,000/- -------------- Total :Rs.1,82,000/- -------------- 5. The learned counsel for the appellant has in this appeal contended that the compensation of Rs.1,50,000/- awarded for loss of income and dependency is on higher side. 6. This Court considering the age of the claimants and the deceased and the nature of his avocation as contractor and the income drawn by him and his contribution to the family, is not inclined to accept the contention so raised on the side of the appellant/State Transport Corporation. 7. In my considered view, the compensation awarded by the Tribunal is just and reasonable and does not warrant any interference. 8. In the result, this Civil Miscellaneous Appeal is dismissed, confirming the award dated 26.10.2005 made in M.C.O.P.No.187 of 2005 on the file of the Motor Accident Claims Tribunal(Sub-Court), Thanjavur,(Additional Subordinate Judge). The appellant/State Transport Corporation is directed to deposit the amount into Court if not deposited till date within two months from the date of receipt of the copy of this order and on such deposit of the amount into Court, the claimants are permitted to withdraw the entire award amount allotted to them with proportionate accrued interest and costs. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To The Motor Accident Claims Tribunal (Additional Subordinate Judge), Thanjavur +One CC to M/s.Rajinish Pathiyil, Advocate, SR.No.15661 pm rl/3c – 24.6.2011 CMA(MD).No.575 of 2011 27.04.2011 https://hcservices.ecourts.gov.in/hcservices/