The Managing Director, Tamilnadu State Transport Corporation Ltd. , Villupuram v. Souriammal & Others
2007-12-03
P.P.S.JANARTHANA RAJA
body2007
DigiLaw.ai
Judgment :- This Civil Miscellaneous Appeal is filed by the Transport Corporation against the Judgment and Award made in MCOP No.77 of 2004 dated 07.09.2005, on the file of the Motor Accidents Claims Tribunal (District Court, Tiruvannamalai). 2. Background facts in a nutshell are as follows:- On 211. 2003 at about 4.25 p.m., the deceased Bakkiyaraj, along with the pillion rider, was riding his Hero Honda motorcycle bearing Registration No.TN-09-AB-4722 on the Tiruvannamalai-Vettavalam Road. When he was nearing Aavur Ottapillaiyar Koil, a bus bearing Registration No.TN-32-N-1469 belonging to the appellant / Transport Corporation came at high speed in a rash and negligent manner and dashed against the motorcycle. Due to the accident, the deceased Bakkiyaraj and also the pillion rider died on the spot. The claimants are the mother, 3 brothers and sister of the deceased. The claimants claimed a compensation of Rs.10,00,000/-before the Tribunal. The appellant / Transport Corporation resisted the claim. On the pleadings, the following issues were framed by the Tribunal:- a) Whether the accident had occurred due to the rash and negligent driving of the bus driver 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 held that the accident had occurred only due to the rash and negligent driving of the bus driver belonging to the appellant and awarded a compensation of Rs.4,47,000/- with interest at 7.5% 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 questioned only the quantum of compensation awarded by the Tribunal and stated that it 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. Learned counsel appearing for the claimants submitted that the Tribunal had considered all the relevant materials and evidence and came to the correct conclusion and awarded a just, fair and reasonable compensation. Hence the order of the Tribunal is in accordance with law. 5. Heard the counsel. On the side of the claimants, witnesses P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P10 were marked. On the side of the Transport Corporation, no witnesses were examined and no documents were marked.
Hence the order of the Tribunal is in accordance with law. 5. Heard the counsel. On the side of the claimants, witnesses P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P10 were marked. On the side of the Transport Corporation, no witnesses were examined and no documents were marked. P.W.2 is the mother of the deceased. Ex.P1 is the attested copy of First Information Report. Ex.P2 is the attested copy of Motor Vehicle Inspectors Report. Ex.P3 is the attested copy of charge sheet. Ex.P5 is the post mortem certificate of the deceased. Ex.P6 and Ex.P7 are the legal heir certificates. Ex.P9 is the salary certificate of the deceased. Ex.P10 is the driving licence of the deceased. After considering the above oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the bus driver and awarded a compensation of Rs.4,47,000/- with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:- Rupees Loss of income 4,40,000/- Loss of love and affection 2,000/- Total... 4,42,000/- ============== The total amount comes to Rs.4,42,000/-, but the Tribunal has awarded Rs.4,47,000/-which is an error in computation. Counsel appearing on both the sides have also agreed that there is an error in computation and the correct award amount should be Rs.4,42,000/- instead of Rs.4,47,000/-awarded by the Tribunal. There is no dispute regarding the same. P.W.2, the mother of the deceased had stated that the age of the deceased at the time of accident was 26 years old. Ex.P5 is the post mortem certificate, wherein it is stated that the age of the deceased was 30 years at the time of accident. Taking into consideration of the same, the Tribunal has taken the age of the deceased as 30 years at the time of accident. The claimants claimed that the deceased was an Assistant Director in the Film Industry and also he was a driver earning Rs.10,000/-per month. But no valid documents or evidence produced by the claimants to show that the deceased was actually earning Rs.10,000/-per month. Ex.P9 is the Salary Certificate given by the employer, wherein it is stated that the deceased was earning Rs.10,000/-per month as a driver as well as Assistant Director.
But no valid documents or evidence produced by the claimants to show that the deceased was actually earning Rs.10,000/-per month. Ex.P9 is the Salary Certificate given by the employer, wherein it is stated that the deceased was earning Rs.10,000/-per month as a driver as well as Assistant Director. After taking into consideration of the same, the Tribunal fixed the monthly income of the deceased at Rs.5,000/- and arrived at the annual income at Rs.60,000/- (Rs.5,000/-x 12). The Tribunal deducted 1/3rd of the amount towards personal expenses and the balance sum of Rs.40,000/- has been taken as the deceaseds contribution to the family. The mother of the deceased was 53 years old at the time of accident and hence the Tribunal adopted the multiplier of 11 and determined the loss of income at Rs.4,40,000/- (Rs.40,000/-x 11). The Tribunal correctly determined the monthly as well as annual income and also adopted the correct multiplier and the same is based on valid materials and evidence. Hence the amount awarded by the Tribunal towards loss of income at Rs.4,40,000/- is confirmed. The Tribunal has also awarded a sum of Rs.2,000/-towards loss of love and affection, which is reasonable and hence the same is confirmed. The interest rate awarded by the Tribunal at 7.5% p.a. from the date of petition is very reasonable and hence the same is confirmed. The findings given by the Tribunal are based on valid materials and evidence and I do not find any error or infirmity in the order of the Tribunal so as to warrant interference. 6. Under the circumstances, the claimants are entitled to the compensation of Rs.4,42,000/- with interest at 7.5% p.a. from the date of petition. It is stated that the entire award amount has already been deposited. The claimants are permitted to withdraw Rs.4,42,000/- with interest at 7.5% p.a. from the date of petition, after adjusting the amount if any, already withdrawn. The Transport Corporation is also permitted to withdraw the balance amount available in the deposit, on making proper application. 7. Accordingly, the Civil Miscellaneous Appeal is dismissed. Consequently, M.P.Nos.1 of 2006 is closed. No costs.