Madras High Court
The Managing Director vs Mariammal on 9 November, 2017
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2017 CORAM THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.M.A(MD)No.1584 of 2008 The Managing Director, Tamil Nadu State Transport Corporation Ltd., (Covai Division-1), Coimbatore. ... Appellant Vs. 1.Mariammal 2.Selvakumar 3.Sathishkumar 4.Mohammed Abdul Kadar .. Respondents (R2 and R3 declared Major and R1 discharged from guardianship vide order dated 26.02.2010, made in M.P.(MD) No.1 of 2010 in C.M.A.(MD) No.1584 of 2008). PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment dated 06.02.2007 and made in MCOP No.201 of 2000, on the file of the Motor Accidents Claims Tribunal, Additional District Court/Fast Track Court No.4, Periyakulam. !For Appellant : Mr.M.Prakash ^For R1 to R3 : Mr.P.Muthu Vijaya Pandian For R4 : Given up :JUDGMENT
The Civil Miscellaneous Appeal has been filed to set aside the decree and judgment, dated 06.02.2007, made in M.C.O.P. No.201 of 2000, on the file of the Motor Accidents Claims Tribunal, Additional District Court / Fast Track Court No.4, Periyakulam.
2.It is a case of an accident, which took place on 01.03.1998 at 2.45 a.m. The deceased was working as a Grade-I Constable in Valinokkam Police Station, Ramanathapuram District and earning a sum of Rs.4,000/- (Four Thousand Rupees) per month. The deceased and other constables were sent to Coimbatore District for protection work regarding the parliamentary election held on 28.02.1998. After the election, on 01.03.1998 at 2.45 a.m. the deceased and other constables assembled at Sulur Police Station, Combatore District and they were waiting for the bus to carry them to Ramanathapurm. At that time, the State Transport Corporation Bus bearing Registration No.TN37-N-0590 was driven by the fourth respondent in rash and negligent manner and it entered into the main entrance of Sulur Police Station and knocked the deceased and ran over on the head of the deceased. Hence, the respondents filed an application in M.C.O.P.No.201 of 2000, on the file of the Motor Accident Claims Tribunal, Additional District Court/Fast Track Court No.4, Periyakulam, seeking compensation of Rs.10,00,000/-.
3.Before the Tribunal, on the side of the petitioners, one witness viz., P.W.1 was examined and three documents viz., Exs.P.1 to P.3 were marked and on the side of the respondents one witness viz., R.W.1, was examined and no document was marked.
4.The Tribunal, after considering the pleadings, oral and documentary evidence and arguments of the counsel for the petitioners and respondents and also appreciating the evidence on record, directed the respondents to pay a sum of Rs.4,87,900/- to the claimants.
5.The learned counsel appearing for the appellant submitted that the vehicle was driven in rash and negligent manner was not acceptable. The vehicle was carried on for protection work regarding the parliamentary election held on 28.02.1998. The police station entrance was very narrow, when the vehicle came, the deceased and other constables were ran here and there to have seat in the vehicle, at that time, the deceased fell down under the back wheel of the vehicle and caused injuries on the head. Due to the injury, the deceased died on the spot because of the carelessness of the deceased.
6.The learned Counsel appearing for the respondents would submit that based on the oral and documentary evidences, the Tribunal had correctly come to the conclusion and awarded just and reasonable compensation and hence, the award passed by the Tribunal deserves no interference of this Court and hence, this appeal is liable to be dismissed.
7.The deceased was 40 years old and he was working as a Grade-I Constable in Valinokkam Police Station, Ramanathapuram District and earning a sum Rs.3300/- per month as per the evidence of P.W.2. Ex.P.3 is the Salary Certificate. The Tribunal, after deducting 1/3rd towards his personal expenses, held that he contributed Rs.3300/- to his family. Based on the judgment reported in the case of Sarla Varma & Others Vs. Delhi Transport Corporation and another reported in 2009(2) TNMAC 1 (SC), the Tribunal applied multiplier of 12 and awarded Rs.4,22,400/- towards loss of income (3300 X 12 X 16) and awarded 1/3rd of the total amount. The Tribunal had awarded Rs.5,000/- towards funeral expenses and Rs.500/- for loss of goods. Challenging the said award amount, the appellant/Insurance Company has filed this Civil Miscellaneous Appeal.
8.Heard the learned counsel appearing on either side and perused the materials available on record.
9. In view of the above, this Court modifies the award of the Tribunal by reducing the compensation as under:
S. No Description Amount awarded by the Tribunal Rs. Amount awarded by this Court Rs. Award confirmed or enhanced or granted 1 For loss of income 4,22,400 4,22,400 confirmed 2 Loss of consortium to 1st claimant 30,000 25,000 modified 3 Loss of love and affection to 2nd and 3rd claimants 30,000 20,000 modified 4 For funeral expenses 5,000 10,000 enhanced 4 For loss of goods 500 500 confirmed Total Rs.4,87,900 Rs.4,77,900 Modified by Rs.4,77,900/-
10.In the result, this Civil Miscellaneous Appeal is partly allowed by reducing the award from Rs.4,87,900/- to Rs.4,77,900/-, passed in M.C.O.P.No.201 of 2000, by the Motor Accident Claims Tribunal, Additional District Court/Fast Tract Court No.4, Periykulam. The respondent/Insurance Company is directed to deposit the entire award amount with accrued interests and costs, within a period of twelve weeks from the date of receipt of a copy of this order. No Costs.
To
1.Motor Accident Claims Tribunal, Additional District Court Fast Tract Court No.4, Periykulam
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court,Madurai.
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