IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31.03.2011 CORAM: THE HON'BLE MR.JUSTICE C.S.KARNAN CIVIL MISCELLANEOUS APPEAL NO.908 OF 2011 & M.P.No.1 of 2011 The Managing Director, Tamil Nadu State Transport Corporation Limited, No-12, Ramakrishna Road, Salem Town, Salem – 7. ... Appellant Vs. 1.Mariammal 2.Mani 3.Dhanam 4.Manjula 5.Murugesan 6.Chandra 7.Santhanam 8.Muthu (died) ... Respondents Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 18.09.2009 made in M.C.O.P.No.403 of 2005, on the file of Motor Vehicles Accidents Claims Tribunal, (Principal District Court), Namakkal. For Appellant : Mr.V.Ramesh J U D G M E N T The appeal is taken up for final disposal at the time of admission itself. 2.The above Civil Miscellaneous Appeal has been filed by the appellant / State Transport Corporation against the award and decree dated 18.09.2009 made in M.C.O.P.No.403 of 2005, on the file of Motor Vehicles Accidents Claims Tribunal, Principal District Court, Namakkal. 3.The short facts of the case are as follows:- On 13.09.1997, at around 09.00 p.m., the deceased Sundakayan was proceeding on the Salem to Namakkal Main Road on his left side of road, at that time, the respondent's bus bearing Registration https://hcservices.ecourts.gov.in/hcservices/ No.TN-27-Z-0810 coming from the same direction, dashed against him. In the result, he expired on the spot. Hence, the legal-heirs of the deceased have filed the claim petition for a sum of Rs.5,00,000/- with interest. 4.The respondent-Transport Corporation had filed a counter statement and resisted the claim petition. The respondent submitted that the bus bearing Registration No.TN-27-Z-0810 was originally operated by the Salem Transport Division. Thereafter, the bus was handed over to Marudapandiya Transport Corporation from 25.08.1997, i.e., prior to the accident. As such, the Salem Transport Division is not liable to pay any compensation to the claimants. The respondent denied that the said accident had been committed by the driver of the bus in a rash and negligent manner. The age, income and occupation of the deceased were denied. 5.On considering the plea of both parties, the Tribunal had framed four issues for consideration, namely; “(i)Whether the accident had occurred only due to the rash and negligent driving of the bus bearing Registration No.TN27-Z-0810 on Salem to Namakkal road near Masakkalipatti Pirivu road way bridge in question? (ii)Whether the petitioners are entitled compensation from the respondent? (iii)How much amount of compensation the petitioners are entitled? (iv)To what relief?” 6.On the side of the claimants two witnesses had been examined viz., PW1-Tmt.Dhanam, PW2-Dr.Kalaiselvi and four documents were marked viz., Ex.P1-Death Certificate, Ex.P2-Legalheirship Certificate, Ex.P3-First Information Report, Ex.P4-Postmortem Certificate. On the side of the respondent no witness was examined. Form 29- 30 was marked as Ex.R1. 7.PW1 had adduced evidence stating that she had seen the said accident and that on 13.09.1997, the deceased was walking on the road and at that time, the respondent's bus bearing Registration No.TN-27- Z-0810, came from the same direction, without sounding horn and dashed against deceased. As such, the accident had happened due to the fault of the driver of the bus. PW1, further adduced evidence that she is the daughter of the deceased and that the age of the deceased was 50 years and he was engaged as a cattle merchant. As such, his earning was Rs.10,000/- per month. The first claimant is the wife of the deceased and the other claimants are the sons, daughter and father of the deceased. https://hcservices.ecourts.gov.in/hcservices/ 8.On considering the evidence of the witnesses and documentary evidence, the Tribunal had fixed the income of the deceased as Rs.3,000/- per month and adopted a multiplier of 13 and awarded compensation of a sum of Rs.3,12,000/- under the head of 'loss of income' after deducting 1/3rd for the personal expenses of deceased. Besides, the Tribunal awarded Rs.3,000/- for consortium, Rs.7,000/- for loss of love and affection and Rs.5,000/- towards funeral expenses. In total, the Tribunal awarded Rs.3,27,000/- as compensation with interest at the rate of 7.5% per annum from the date of filing the claim petition till the date of payment of compensation. 9.Aggrieved by the said award, the Transport Corporation has filed the above appeal. 10.The learned counsel for the appellant argued that the claimants' 2 to 7 are majors and were not depending upon the income of the deceased. As such, they are not entitled to get any compensation. Without documentary evidence for proof of income the Tribunal had fixed the income of the deceased as Rs.3,000/- per month, which is erroneous. Hence, the learned counsel has prayed for scaling down the compensation. 11.On considering the facts and circumstances of the case and arguments advanced by the learned counsel for the appellant and on perusing the impugned award, this Court is of the considered opinion that the deceased's age was 50, that all the 8 claimants are legal- heirs of the deceased; that the deceased was involved in cattle business. Considering the above aspects, the compensation amount awarded is not on the higher side. Therefore, this Court is unable to find any discrepancy in the said award. Hence, the impugned order is confirmed as it is found to be fair and equitable, in the instant case. 12.Therefore, this Court directs the appellant / Tamil Nadu State Transport Corporation to comply with the order of the Tribunal within a period of eight weeks from the date of receipt of this order, by way of depositing the entire compensation amount to the credit of M.C.O.P.No.403 of 2005, on the file of Motor Vehicles Accidents Claims Tribunal, Principal District Court, Namakkal subject to deductions, if any already deposited. After such deposit has been made, it is open to the claimants to withdraw their apportioned share amount as fixed by the learned Motor Accidents Claims Tribunal, lying in the credit of M.C.O.P.No.403 of 2005, on the file of Motor Vehicles Accidents Claims Tribunal, Principal District Court, Namakkal, after filing a Memo along with this order. https://hcservices.ecourts.gov.in/hcservices/ 13.Resultantly, the above Civil Miscellaneous Appeal is dismissed. Consequently, the Award and Decree, passed by the Motor Accidents Claims Tribunal, Principal District Court, Namakkal, made in M.C.O.P.No.403 of 2005, dated 18.09.2009 is confirmed. There is no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/ Deputy Registrar /true copy/ Sub Asst.Registrar r n s To The Motor Accidents Claims Tribunal, (Principal District Court), Namakkal. C.M.A.NO. 908 OF 2011 GR(CO) RH (1.8.11) https://hcservices.ecourts.gov.in/hcservices/