Managing Director Tamilnadu Government State Transport Corporation Ltd. v. Vassouguy
2016-06-24
A.SELVAM, P.KALAIYARASAN
body2016
DigiLaw.ai
JUDGMENT : A. SELVAM, J. This Civil Miscellaneous Appeal has been directed against the award dated 24th March, 2015 passed in MCOP No.18 of 2012 by the Motor Accident Claims Tribunal/III Additional District Court, Puducherry. 2. The respondents herein, as petitioners, have filed MCOP No.18 of 2012 on the file of the Court below, praying to pass an award of Rs.1,00,00,000/-, wherein the present appellant has been shown as sole respondent. 3. It is averred in the petition that on 24.9.2011, the husband of the second petitioner has driven his Hero Honda Motor Cycle from South to North and at about 13.05 hrs., near Aiyankuppam Church, the driver of the respondent has driven the bus bearing Registration No.TN-32-N-3272 in rash and negligent manner and dashed against him and due to accident, he passed away. Since the entire accident has taken place due to rash and negligent driving of the driver of the respondent, the petitioners are entitled to get compensation as claimed in the petition. 4. In the counter filed on the side of the respondent, it is stated that the entire accident has taken place due to rash and negligent driving of the deceased and further, the petitioners have claimed excessive compensation. Under such circumstances, the same is liable to be dismissed. 5. On the basis of the divergent evidence available on record, the Motor Accident Claims Tribunal has awarded a compensation of Rs.27,04,352/-. Against the award passed by the Motor Accident Claims Tribunal, this Civil Miscellaneous Appeal has been preferred at the instance of the respondent as appellant. 6. The learned counsel appearing for the appellant/respondent has contended that the Motor Accident Claims Tribunal has erroneously given 30% towards future prospects. Under such circumstances, the award in question is liable to be modified. 7. The learned counsel for the respondents/petitioners has contended that the deceased has served as Upper Division Clerk in Panchayat Union office and he passed away at the age of 46. Under such circumstances, the Motor Accident Claims Tribunal has given 30% towards future prospects and therefore, the award passed by the Motor Accident Claims Tribunal need not be set aside. 8. It is an admitted fact that the deceased has attained 46 years of age at the time of his demise.
Under such circumstances, the Motor Accident Claims Tribunal has given 30% towards future prospects and therefore, the award passed by the Motor Accident Claims Tribunal need not be set aside. 8. It is an admitted fact that the deceased has attained 46 years of age at the time of his demise. It is also equally an admitted fact that he has served as Upper Division Clerk in Panchayat Union office and thereby drawn monthly salary of Rs.19,337/-. 9. Considering the age of the deceased and also considering the fact that he has served as Upper Division Clerk in Panchayat Union office, the Motor Accident Claims Tribunal has rightly awarded 30% towards future prospects. Since the Motor Accident Claims Tribunal has rightly awarded 30% towards future prospects, this Court is of the view that the award passed by the Motor Accident Claims Tribunal need not be modified. 10. In other respects, on the side of the appellant, objections have not been raised and therefore, the present Civil Miscellaneous Appeal deserves to be dismissed. In fine, this Civil Miscellaneous Appeal is dismissed without cost. The award dated 24.03.2015 passed in M.C.O.P.No.18 of 2012 by the Motor Accident Claims Tribunal/III Additional District Judge, Puducherry is confirmed. Consequently, the connected Miscellaneous Application is closed.