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(MD)No.578 of 2011 and M.P.(MD)No.1 of 2011 The Managing Director, State Express Transport Corporation (Tamil Nadu)Limited, Chennai - 600 002. ... Appellant/3rd Respondent Vs. 1. Maboobi 2. Dhilsath ...Respondents 1 & 2/Petitioners 3. Ponnusamy 4. The United India Insurance Company Limited, represented by its Branch Manager, Kuzhithalai. ... Respondents 3 & 4/Respondents 1 & 2 PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1998 against the award dated 21.07.2004 made in M.A.C.O.P.No.1926 of 2000, on the file of the Motor Accidents Claims Tribunal/Additional District Court/Fast Track Court No.II, Tiruchirappalli. For Appellant : M/s.Rajinish Pathiyil JUDGMENT The appeal is filed by the respondent/Transport Corporation against the award of compensation of Rs.2 lakhs passed in favour of the claimants/respondents 1 and 2 who are none else than the mother and sister of one Kudumiyan, who was the victim of the fatal accident occurred at 10.30 a.m. on 13.08.2000 on Madurai-Trichy Main Road. The deceased was at the time of accident travelling as pillion rider in the motor cycle owned by the first respondent and insured with the second respondent and the accident occurred , while the two wheeler and the State Transport Corporation Bus coming in opposite direction colluded with each other and the pillion rider was thrown out and sustained severe injuries including head injuries resulting in his instantaneous death. The claim petition filed by his legal representatives against the owner and insurer of the two wheeler and the State Transport Corporation was disposed of in favour of the claimants by fixing the liability for the accident on both the rider of the two wheeler as well as the driver of the State Transport Corporation Bus and fixed the award of compensation at Rs.2 lakhs and apportioned the same between the the owner and insurer of the two wheeler and the State Transport Corporation Bus. Though the appeal is filed by the State Transport Corporation by questioning the liability as well as the quantum of compensation, the learned counsel for the appellant has not pressed into service https://hcservices.ecourts.gov.in/hcservices/ 2 the grounds raised against the finding on negligence aspect and the apportionment of liability between the rider of the motor cycle and the driver of the State Transport Corporation Bus. What is seriously denied in this appeal is the quantum of compensation, particularly, the compensation of Rs.1,76,000/- awarded for loss of income and loss of dependency which is according to the State Transport Corporation is excessive and exorbitant. 2. The perusal of the records reveal that the deceased and claimant were aged 25 and 55 respectively and the deceased died as bachelor and was employed in one Video Shop owned by Sri Murugan. The Tribunal on the basis of the available records fixed the monthly income of the deceased at Rs.2,000/- and annual income at Rs.24,000/- and after deducting one third of the same towards his personal expenses taken the multiplicand as Rs.16,000/- and by adopting multiplier of '11' as specified in the second schedule to Motor Vehicles Act for the age group of the mother assessed the loss of income and loss of dependency at Rs.1,76,000/- with which awarded compensation of (a) Rs.10,000/-each for loss of love and affection (b) funeral expenses Rs.2000/- and (c) transport expenses Rs.2000/-. Considering the factors as mentioned above, this Court is of the view that the compensation awarded by the Tribunal is just and reasonable and the same cannot at all be said to be excessive or exorbitant and as the State Transport Corporation has not made out any valid ground to entertain the appeal on merits, the same is liable to be negatived at the admission stage itself. 3. In the result, the Civil Miscellaneous Appeal is dismissed, confirming the award dated 21.07.2004 made in M.A.C.O.P.No.1926 of 2000, on the file of the Motor Accidents Claims Tribunal, Additional District Court/Fast Track Court No.II, Tiruchirappalli. The appellant/State Transport Corporation is directed to deposit the award amount into court, if not deposited till date, within two months from the date of receipt of a copy of this order. On such deposit of the amount into court, the claimants are permitted to withdraw their shares in the award amount with proportionate accrued interest and costs. Consequently, connected miscellaneous petition is dismissed. No costs. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To The Motor Accidents Claims Tribunal, /Fast Track Court No.II,Tiruchirappalli. +1cc to Mr.Rajnish Pathiyil, Advocate SR.No.15659 C.M.A(MD)NO.578 of 2011 27.04.2011 vsn PA/24.06.2011/2P/3C https://hcservices.ecourts.gov.in/hcservices/