IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.2.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Civill Miscellaneous Appeal No.380 of 2009 and M.P.Nos.1 and 2 of 2009 The Managing Director, Tamil Nadu State Transport Corporation, Madurai. ... Appellant/1st appellant vs. 1.Sriramulu Naidu, 2.Baskaran alias Baskara Vijayarangan, 3.Padmavathi, 4.Kannan, 5.R.Sekar, 6.The National Insurance Company Ltd., Namakkal. ... Respondents/Petitioners 1 to 4 and respondents 2 and 3 Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the award and decree dated 22.4.2003 passed in M.C.O.P.No.401 of 1996 on the file of the Motor Accidents Claims Tribunal (Additional District Judge, FTC-V), Tirupur. For appellant : Mr.P.Jagadeeswaran For 6th respondent : Mr.N.B.Sureka ----- JUDGMENT The Tamil Nadu State Transport Corporation is on appeal challenging the award dated 22.4.2003 passed in M.C.O.P.No.401 of 1996 on the file of the Motor Accidents Claims Tribunal (Additional District Judge, FTC-V), Tirupur. 2. Mr.N.B.Surekha, advocate appears for the 6th respondent. By consent of both parties, the main appeal itself is taken up for disposal. https://hcservices.ecourts.gov.in/hcservices/ 3. It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 22.2.1996. The deceased Nelliammal, aged 60 years, a tailor, was travelling in appellant Transport Corporation Bus. The driver of the bus drove the vehicle in a rash and negligent manner and hit against the lorry coming opposite direction. In that accident, several persons were injured. Some of them died including the drivers of both the vehicles and the said Nelliammal also died. The husband aged 60 years, two sons aged 34 and 31 years and one daughter aged 38 years, filed a claim for compensation in a sum of Rs.7,50,000/- stating that the deceased was earning a sum of Rs.3,000/- per month. 4. The claim was adjudicated along with other claims. Based on the oral and documentary evidence, the Tribunal granted the following amounts as compensation with interest at 9% per annum:- Sl.N o. Head Amount granted by the Tribunal 1 Compensation to the husband on the death of his wife Rs.50,000/- 2 Funeral expenses Rs. 2,000/- Total Rs.52,000/- 5. In the accident several persons suffered injuries and some of them died. The finding of negligence on the part of the driver of the appellant transport corporation bus who was responsible for the accident and the death and the liability fixed on the appellant transport corporation has not been disputed by the counsel for the appellant and the same is confirmed. In the present appeal, a plea has been raised that the liability should be fixed equally on the insurance company, the sixth respondent and the appellant. 6. This court is not inclined to accept such plea, as the transport corporation accepted its liability in respect of other claimants, who were affected in the same accident and did not file an appeal. There is no merit to entertain the present appeal at this junction. The compensation granted in a sum of Rs.52,000/- is justified as also the interest granted at 9% as the accident in this case happened in the year 1996. 7. Finding no merit, this Civil Miscellaneous Appeal is dismissed at the admission stage. Counsel for the appellant seeks for eight weeks' time to deposit the award amount and is granted and on such deposit, the first claimant is permitted to withdraw the same https://hcservices.ecourts.gov.in/hcservices/ as ordered by the Tribunal. Consequently, connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To The Additional District Judge Fast Track Court V, (Motor Accidents Claims Tribunal) Tirupur. 1 cc To Mr.P.Jagadeswaran, Advocate, SR.5972 1 cc To Mr.N.S.Surekha, Advocate, SR.6005 C.M.A.No.380 of 2009 KK(CO) SRA(6/03/2009) https://hcservices.ecourts.gov.in/hcservices/