1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI C.M.A(MD)No.585 of 2011 and M.P.(MD)No.1 of 2011 Tamil Nadu State Transport Corporation Limited, Represented through its Managing Director, Nagercoil. ... Respondent / Appellant Vs. 1. Masanakonar 2. Chinnadurai 3. Vembu 4. Siva @ Sivaperumal ... Petitioners/ Respondents PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act 1988, against the Judgment and award, dated 18.04.2005 made in M.C.O.P.No.1249 of 2004, on the file of the Motor Accidents Claims Tribunal/II Additional District Court, Tirunelveli. For Appellant : Mr.Rajnish Pathiyil JUDGMENT The respondent/State Transport Corporation is the appellant herein. The appeal is filed against the award of compensation of Rs.2,70,000/- with interest made in favour of the respondents 1 to 4/claimants who are none other than the husband and sons of the deceased, who died in the accident occurred at 10.00 a.m. on 14.06.2004 at Valliyoor, on Tirunelveli-Nagercoil main road, due to the rash and negligent driving of the bus belonging to the respondent/ Transport Corporation. 2. The date, time, place and the manner of the accident, age and the nature of the avocation of the deceased and age of the claimants are not so denied. What is seriously denied in this appeal is the fixation of Rs.2,000/- as monthly income of the deceased for assessing the loss of dependency and the loss of income of the claimants. 3. Heard the learned Counsel for the appellant. 4. The deceased was at the time of the accident aged about 43 years and she met with an unfortunate accident and died leaving behind her husband and sons who were physically and financially depending upon her and it is needless to say that she being the only https://hcservices.ecourts.gov.in/hcservices/ 2 female member that too earning member and she being entirely in management of the domestic as well as other affairs of the family, her untimely death certainly deprived the claimants not only of her physical but also her financial support to greater extent. 5. Considering the factors as above stated and the age and the nature of the avocation of the deceased, fixation of Rs.2,000/- p.m. as her monthly income cannot at all be said to be on higher side and the award of compensation of Rs.2,40,000/- for loss of dependency and loss of income has to be hence necessarily confirmed. As there is no dispute raised against the award of compensation for loss of consortium and loss of love and affection to the first claimant/husband and the loss of love and affection for the other claimants 2 to 4/ sons and funeral expenses, the award of the Tribunal has to be necessarily confirmed in all respects and no ground is made out to entertain the appeal on file. 6. In the result, this Civil Miscellaneous Appeal is dismissed at the admission stage itself by confirming the award dated 18.04.2005 made in M.C.O.P.No.1249 of 2004, on the file of the Motor Accidents Claims Tribunal/II Additional District Court, Tirunelveli. 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 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 interest and costs. Consequently the connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To The Motor Accidents Claims Tribunal, II Additional District Court, Tirunelveli. copy to: The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai +1cc to Mr.R.Rajnish Pathiyil, Advocate, Sr.No.16045 C.M.A(MD)No.585 of 2011 and M.P.(MD)No.1 of 2011 28.04.2011 ssl/SMA/20.7.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/