Managing Director, Tamil Nadu State Transport Corporation Limited, (Salem) v. N. Rajeswari
2016-07-05
K.KALYANASUNDARAM
body2016
DigiLaw.ai
JUDGMENT : This appeal is directed against the award of the Motor Accident Claims Tribunal, District Court, Karur passed in M.C.O.P. No. 862 of 2005 dated 15.02.2008. 2. According to the claimants, on 01.12.2015 at 06.00 p.m., the deceased Nallappan was proceeding in his motorcycle bearing Registration No. TN-47-J-9364 on Karur-Coimbatore Highways and at that time, a bus of the appellant Transport Corporation bearing Registration No. TN-27-N-1509, which was coming from the opposite direction in a high speed, dashed against the motorcycle. In the said accident, the said Nallappan died on the spot. The legal heirs of the deceased filed a petition before the tribunal claiming compensation of Rs.6,00,000/-. 3. The appellant Transport Corporation resisted the claim petition by filing counter disputing the manner of the accident and their lability. The appellant also disputed the age, income and occupation of the deceased. 4. Before the Tribunal, the claimants examined two witnesses and marked six documents to establish their case. On the side of the appellant Transport Corporation, R.W.1 was examined, however, they were not produced any documents. 5. The Tribunal, upon consideration of oral and documentary evidence, held that the driver of the bus was responsible for the accident and awarded compensation of Rs.1,84,800/- along with interest at the rate of 7.5% per annum. Questioning the award, the present appeal is filed. 6. Heard the learned counsel for the appellant/Transport Corporation and perused the records. 7. P.W.2 Thangaraj is the eyewitness to the occurrence. He has deposed before the Tribunal that the driver drove the bus in a rash and negligent manner and hit against motorcycle. Immediately, a case was registered against the driver and thereafter, after investigation, charge sheet was filed against him. Ex.P.1 is the copy of the First Information Report; Ex.P.3 is the copy of the Rough Sketch; Ex.P.4 is the copy of the Report of the Motor Vehicle's Inspector and Ex.P.5 is the copy of the Charge Sheet. Based on the evidence of P.W.2, and Ex.P.1 and 3 to 5, the Tribunal held that the driver of the bus caused the accident. The evidence of R.W.1 was disbelieved by the Tribunal. 8. P.W.1, Rajeswari has given evidence stating that the deceased was 60 years old at the time of accident and he was earning Rs.7,000/- per month as a rice merchant. The claimants have not produced any documentary evidence to prove the income of the deceased.
The evidence of R.W.1 was disbelieved by the Tribunal. 8. P.W.1, Rajeswari has given evidence stating that the deceased was 60 years old at the time of accident and he was earning Rs.7,000/- per month as a rice merchant. The claimants have not produced any documentary evidence to prove the income of the deceased. Ex.P.2 is the copy of the Postmortem Certificate. The Tribunal, based on the evidence of P.W.1 and P.W.2 assessed the income of the deceased as Rs.2700/- per month. The Tribunal deducted 1/3rd i.e., Rs.900/- towards his personal expenses and held that he was contributing Rs.21,600/- (1800 x 12) per annum to his family. By applying multiplier of 8', the Tribunal awarded Rs.1,72,800/- (21,600 x 8) towards loss of dependency. The Tribunal further awarded Rs.10,000/- towards loss of love and affection and Rs.2,000/- towards funeral expenses. In total, the Tribunal awarded a sum of Rs.1,84,800/- along with interest at the rate of 7.5% per annum. 9. In my considered view, the award passed by the Tribunal is fair and reasonable. Therefore, it does not warrant any interference by this Court. 10. In the result, the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed. The appellant- Transport Corporation is directed to deposit the compensation amount awarded by the Tribunal with interest at 7.5% p.a. from the date of petition, less the amount, if any, already deposited, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the claimants are permitted to withdraw their share as per ratio fixed by the Tribunal on making proper application.