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.570 of 2011 and M.P(MD)No.1 of 2011 The Managing Director, Tamil Nadu State Transport Corporation, Nagercoil. ... Appellant/Respondent Vs. 1.Kalavathi ... 1st Respondent/1st Petitioner 2.Indira ...2nd Respondent/2nd Petitioner 3.Packia Santhakumar ...3rd Respondent/1st Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 01.12.2003 made in M.C.O.P.No.167 of 2002 on the file of the Motor Accident Claims Tribunal/District Court, Nagercoil. 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 directed against the award of compensation of Rs.1,92,000/- payable with interest at 9% per annum passed against the respondents 1 and 2 who are the driver and owner of the bus, in favour of the claimants who are the widowed sisters of one Sasi @ Sasidharan who was the victim in the fatal accident occurred at 12.30 p.m on 25.03.2002 on Savarior Kovil-Chettikulam road due to rash and negligent driving of the bus belonging to the respondent/Corporation. 3. The date, time, place and manner of the accident, the age and avocation of the deceased and the fact that he died while he was taking treatment in the hospital for the injuries sustained by him in the accident and the dependency of the widowed sisters and their children upon the income of the deceased, are not so seriously denied. 4. The claimants have produced Exs.P1 to P4-F.I.R, observation mahazar, rough sketch, M.V.I report relating to the vehicle, Ex.P.5- Post mortum report and Ex.P.6-Ration Card and Ex.P.7-legal heirship certificate, in support of their contention regarding the factors as stated above. 5. The Tribunal has accepted the petitioners' theory regarding the cause of the accident and cause of the death and has having fixed the annual income of the deceased at Rs.18,000/- and fixed the multiplicant at Rs.12,000/- per annum, assessed the loss of income and dependency of the claimants as Rs.1,92,000/-. https://hcservices.ecourts.gov.in/hcservices/ 2 6. The learned counsel for the appellant has strenuously argued that the claimants are only elder sisters and they are not dependents upon the deceased and they are not entitled to claim any compensation for the death of their younger brother and has further argued that yearly income taken into consideration is on higher side. 7. This Court is not inclined to accept the contention so raised on the side of the appellant/State Transport Corporation. The fact that the sisters lost their husband at the early age and they had been along with their children residing with the deceased under the same shelter and the deceased was the only earning male member of the family stood clearly established through Ex.P-6-Ration Card and Ex.P.7-legal heir certificate and the objection raised against the entitlement of the sister to claim compensation is hence rejected. 8. Regarding the quantum of compensation, considering the age and nature of the avocation of the deceased, the same cannot be said to be excessive or exorbitant, but is just and reasonable and adequate. In my considered view, the appellant has not made out any ground to entertain this appeal on file. 9. In the result, this Civil Miscellaneous Appeal is dismissed confirming the award dated 01.12.2003 made in M.C.O.P.No.167 of 2002 on the file of the Motor Accident Claims Tribunal/District Court, Nagercoil. The appellant/State Transport Corporation is directed to deposit the entire award amount into Court, if not deposited till date, within two months from the date of receipt of the copy of this order. On deposit of the amount into Court, the claimants are permitted to withdraw the entire award amount in equal proportion with proportionate interest and costs. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar To The Motor Accident Claims Tribunal, (District Judge)Nagercoil. +1CC TO MR.RAJNISH PATHIYIL, ADVOCATE SR.15662 Pm SR : 05.08.2011 : 2p/3c CMA(MD).No.570 of 2011 27.04.2011 https://hcservices.ecourts.gov.in/hcservices/