Research › Search › Judgment

Madras High Court · body

2007 DIGILAW 3504 (MAD)

State Express Transport Corporation Ltd. , by its Managing Director v. Lakshmi & Others

2007-11-06

P.P.S.JANARTHANA RAJA

body2007
Judgment :- This Civil Miscellaneous Appeal is filed by the Transport Corporation against the Judgment and Decree made in MACT.OP No.868 of 2003 on the file of the Motor Accident Claims Tribunal (Principal District Judge) at Salem, dated 16. 2005. 2. Background facts in a nutshell are as follows:- On 15/16.07.2002 at about 12.50 a.m., the deceased Manoharan was going as a pillion rider in a Hero Honda motorcycle bearing Registration No.TN-27-R-8461, driven by one Sidheswaran on the mud portion of the road. At that time, a bus belonging to the appellant / Transport Corporation bearing Registration No.TN-01-N-6776, driven by its driver at high speed, in a rash and negligent manner, without following the traffic rules, came at a place near the Prabakaran Rice Mills at Achanguttapatty in the Salem-Harur Main Road and dashed against the motorcycle. Due to the accident the deceased sustained grievous injuries on his head and other vital parts and died on the spot and the rider of the motorcycle also sustained grievous injuries. The claimants are the wife, daughter, two sons and the mother of the deceased. They claimed a compensation of Rs.10,17,000/-, but restricted to Rs.7,50,000/- before the Tribunal. The Transport Corporation resisted the claim. On pleading, the following issues were framed by the Tribunal:- a) Whether the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant / Transport Corporation or not? b) Whether the claimants are entitled for any compensation? If so, what is the amount and from whom? After considering the oral and documentary evidence, the Tribunal was of the view that the accident had occurred due to the rash and negligent driving of the bus belonging to the Transport Corporation and awarded a compensation of Rs.5,19,000/- with interest at 9% p.a. from the date of petition. Aggrieved by the award, the Transport Corporation has filed the present appeal. 3. Learned counsel appearing for the Transport Corporation submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the bus belonging to the Transport Corporation. It is also submitted that the award of the Tribunal is excessive and exorbitant, without basis and justification, and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside. 4. Heard the counsel. It is also submitted that the award of the Tribunal is excessive and exorbitant, without basis and justification, and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside. 4. Heard the counsel. On the side of the claimants, witnesses P.W.1 and P.W.2 were examined and documents Ex.A1 to Ex.A11 were marked. On the side of the Transport Corporation, one Rajendran was examined as R.W.1 and no documents were marked. P.W.1 is the wife of the deceased. P.W.2 is the rider of the motorcycle. Ex.A1 is the certified copy of First Information Report. Ex.A2 is the certified copy of Post Mortem Certificate. Ex.A3 is the certified copy of rough sketch. Ex.A4 is the certified copy of Motor Vehicle Inspection Report. Ex.A5 is the certified copy of charge sheet. Ex.A6, Ex.A7 and Ex.A8 are the School Certificates of the minor children of the deceased. Ex.A9 is the Land Tax Receipt. Ex.A10 is the xerox copy of the Land Tax Receipt. Ex.A11 is the certificate issued by Suriya Dairy, Ammapet, Salem to the deceased Manoharan. After considering the above oral and documentary evidence, the Tribunal correctly came to the conclusion that the accident had occurred only due to the rash and negligent driving of the bus driver and awarded a compensation of Rs.5,19,000/-with 9% interest p.a. from the date of petition. The details of the compensation are as under:- Rupees Loss of income 5,12,000/- Loss of consortium 5,000/- Funeral expenses 2,000/- Total... 5,19,000/- ============== Ex.A2 is the certified copy of Post Mortem Certificate, wherein it is stated that the deceased was aged 35 years at the time of accident. Therefore, the Tribunal has taken the age of the deceased as 35 years. The claimants claimed that the deceased was doing agricultural work and that the deceased was having cattle and he was doing milk vending business and earning a sum of Rs.15,000/-per month. Ex.A11 is the certificate issued by Suriya Dairy, Ammapet, Salem to the deceased, wherein it is stated that the deceased was supplying 30 litres of milk per day to the said Dairy. But there is no oral or documentary evidence to show the actual income of the deceased. As per Ex.A11 it is seen that the deceased was doing milk vending business and earning some income. But there is no oral or documentary evidence to show the actual income of the deceased. As per Ex.A11 it is seen that the deceased was doing milk vending business and earning some income. Taking into consideration of the same, the Tribunal has taken the monthly income of the deceased at Rs.4,000/- and the annual income has been calculated at Rs.48,000/-(Rs.4,000/- x 12). The age of the deceased was 35 years at the time of accident. Therefore, the Tribunal adopted the multiplier of 16 and arrived at Rs.7,68,000/-(Rs.48,000/- x 16). After deducting 1/3rd of the amount towards personal expenses of the deceased, the Tribunal determined the loss of income to the family of the deceased at Rs.5,12,000/-. The Tribunal has correctly estimated the monthly as well as annual income and adopted the correct multiplier and awarded Rs.5,12,000/- towards loss of income, which is very reasonable and hence the same is confirmed. The Tribunal has awarded a sum of Rs.5,000/- towards loss of consortium and Rs.2,000/- towards funeral expenses which are reasonable and hence they are confirmed. The claimants are the wife, 3 children and the mother of the deceased. All the 3 children are minors, for which Ex.A6, Ex.A7 and Ex.A8, which are the School Certificates of the minor children of the deceased, were marked. Also, it is seen from the records that the Tribunal has not awarded any amount towards loss of love and affection to the minor children, and transport expenses. In view of the same, the interest rate fixed by the Tribunal at 9% p.a. from the date of petition is very reasonable and hence the same is confirmed. The findings of the Tribunal are based on valid materials and evidence and I do not find any error or legal infirmity in the order of the Tribunal so as to warrant interference. 5. In view of the foregoing reasons, there is no merit in the appeal and hence the compensation awarded by the Tribunal at Rs.5,19,000/-with interest at 9% p.a. from the date of petition is confirmed. Accordingly, the Civil Miscellaneous Appeal is dismissed. Consequently, M.P. No.3 of 2007 is closed. No costs. 6. The Transport Corporation is directed to deposit Rs.5,19,000/- with interest at 9% p.a. from the date of petition, after adjusting the amount if any, already deposited, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Civil Miscellaneous Appeal is dismissed. Consequently, M.P. No.3 of 2007 is closed. No costs. 6. The Transport Corporation is directed to deposit Rs.5,19,000/- with interest at 9% p.a. from the date of petition, after adjusting the amount if any, already deposited, within a period of eight weeks from the date of receipt of a copy of this order. On making the above deposit by the Transport Corporation, the first and fifth respondents are permitted to withdraw their entire share. The shares of the minors / respondents 2 to 4, shall be invested in any nationalised bank proximate to the place of the resident of the minors guardian, the first respondent, for a period of three years and renewable thereafter till the minors attain majority. The guardian of the minors, the first respondent, is permitted to withdraw the accrued interest once in three months.