Managing Director, Tamil Nadu State Transport Corporation v. S. Rajamani
2018-09-25
S.RAMATHILAGAM
body2018
DigiLaw.ai
JUDGMENT S. Ramathilagam, J. The Tamil Nadu State Transport Corporation has preferred this appeal against the order passed by the Motor Accident Claims Tribunal (Principal Sub-Court), Salem in M.C.O.P. No. 589 of 1997, dated 10.11.2000. 2. The facts stated in the claim application are that when the deceased Amudha along with her daughter were travelling from Chennai to Ayodhyapattinam in the bus bearing Registration Number TN 23 N 0654 and the said bus when nearing Chennai due to rash and negligent driving of the bus driver dashed against a tree and further went to 30 feet away and again dashed a tamarind tree, due to which severe injuries caused to the passengers in the bus, resulting, many of the passengers died on the spot. The said Amudha and her daughter also died on the spot. 3. It is stated that the deceased Amudha was working as Assistant in the Office of the Director of Fire Services Department, Egmore, Chennai and at the time of the accident, she was aged about 40 years and drawing salary of Rs. 3,857/- per month and she was also expecting her promotion at the time of the accident. 4. After assessing the facts raised in the counter statement and also considering the age of the deceased and the status of the deceased that she was working in the Fire Services Department, Egmore, Chennai and drawing handsome salary and she met with the accident and lost her life leaving the claimants as legal heirs, the Tribunal has taken into consideration the age of the deceased and the future prospects of the deceased and also the income of the deceased and considering the averments, awarded a sum of Rs. 5,60,000/- as against the claim of Rs. 10,00,000/- as compensation. 5. There is no representation for the respondents. 6. The learned counsel appearing for the appellant/Transport Corporation has argued that the sum awarded by the Tribunal is excessive and the quantum was arrived at by the Tribunal without following the guidelines. The Tribunal has also erroneously fixed the age of the deceased and the loss of income and the multiplier adopted was also improperly. 7. On a perusal of the claim application, it is seen that the claim was made for a sum of Rs. 10,00,000/-.
The Tribunal has also erroneously fixed the age of the deceased and the loss of income and the multiplier adopted was also improperly. 7. On a perusal of the claim application, it is seen that the claim was made for a sum of Rs. 10,00,000/-. The Tribunal has considered the age of the deceased as 40' at the time of the accident and further the deceased was earning Rs. 3,857/- as she was working as Assistant in the office of the Director of Fire Services, Egmore, Chennai. 8. From the said amount of Rs. 3,857/- the Tribunal had deducted 1/3 of amount towards her personal expenses and final her income at Rs. 2,572/- per month and applied the multiplier 18' and arrived the total compensation of Rs. 5,55,552/- which was rendered by to Rs. 5,60,000/- which is quite reasonable. But, on the other hand, the appellant's counsel argued that the Tribunal has awarded interest at the rate of 12% p.a., which is excessive. 9. However, considering the date of accident, the interest awarded by the tribunal need not be altered. Hence, in view of the discussion made above, the award passed by the Tribunal is quite reasonable and does not require any interference. Hence, this Civil Miscellaneous Appeal is dismissed, confirming the award passed by the Tribunal. The appellant-Transport Corporation is directed to deposit the entire award amount along with interest as awarded by the Tribunal within a period of six weeks from the date of receipt of a copy of this judgment and the 1st respondent is entitled to withdraw the same. Consequently, connected Miscellaneous Petition is closed. No costs.