Managing Director Tamil Nadu State Transport Corporation, Thanjavur v. Ramalakshmi
2022-07-20
R.THARANI
body2022
DigiLaw.ai
JUDGMENT : 1. This Civil Miscellaneous Appeal has been filed against the award mmade in M.C.O.P.No.55 of 2011, dated 18.09.2018, on the file of the Motor Accident Claims Tribunal / III Additional District Court at Pattukkottai. The appellant herein is the respondent and the respondent herein is the claimant in the original M.C.O.P. Petition. 2. Brief substance of the petition in M.C.O.P.No.55 of 2011 is as follows :- On 27.04.2010, at about 3.30 am., when the deceased was riding his bi-cycle along the extreme left of the Pattukottai-Thanjavur Road, a bus bearing registration No.TN-49-N-1786 was driven by its driver in a rash and negligent manner dashed against the deceased from behind. The deceased died on the spot. The deceased was unmarried and he was residing with the petitioner, who is his sister. The deceased was doing iron scrap business and was earning Rs.10,000/- per month. The petitioner claimed a sum of Rs.15,00,000/- as compensation. 3. Brief substance of the counter filed by the respondent in M.C.O.P.No.55 of 2011 is as follows:- The bus was driven by its driver in a careful and cautious manner. It was the deceased, who suddenly crossed the road, without giving any signal and invited the accident. The petition is to be dismissed. 4. On the side of the petitioner, 2 witnesses were examined and 8 documents were marked. On the side of the respondent, 1 witness was examined and no document was marked. The Tribunal awarded a sum of Rs.6,68,360/- as compensation. 5. Against the order, the appellant preferred this appeal this appeal on the following grounds : The Tribunal has failed to fix the entire negligence on the deceased, who ride the bi-cycle in a negligent manner, suddenly entered into the right side of the road, without showing any signal and had invited the accident. The Tribunal has fixed the monthly income as Rs.6,500/-, and the Tribunal added 25% towards future prospects, which is excessive. The Tribunal has erred in fixing the age of the deceased. The award on the various other heads are also excessive. 6. On the side of the appellant, it is stated that the deceased was liable for contributory negligence. Without giving any signal, the deceased moved to the right side of the road and that the deceased contributed to the accident. 7.
The award on the various other heads are also excessive. 6. On the side of the appellant, it is stated that the deceased was liable for contributory negligence. Without giving any signal, the deceased moved to the right side of the road and that the deceased contributed to the accident. 7. On the side of the respondent, it is stated that the bus dashed against the deceased from behind and there is no negligence on the deceased. The appellant admitted the liability to the tune of Rs.4,00,000/- hence, the appellant can not question the liability at this stage. 8. P.W.2 was examined as the eye witness. F.I.R registered against the bus driver. On the basis of the evidence of P.W.2 and on the basis of Ex.P1, the Tribunal has fixed the lability on the bus driver. The bus hit against the bi-cycle from the back side, hence, the bus driver is liable for the accident. 9. Regarding the quantum, the Tribunal has fixed the notional monthly income at Rs.6,500/-, which is reasonable. On the basis of Ex.P4-post mortem certificate, the Tribunal has fixed the age of the deceased as 50 years and applied multiplier 13'. The accident took place in the year 2010. Ex.P.6 was the family card of the deceased for the year 2005-2009. In Ex.P6, the age of the deceased was mentioned as 50 years, which reveals that at the time of accident, the age of the deceased was more than 50 years. As the age of the deceased is more than 50 years, the claimant is not entitled to future prospects. The monthly income fixed by the Tribunal is Rs.6,500/- which is reasonable. As per Sarla Verma's case multiplier 11' is applicable, for the death of a person more than 50 years old. Hence, the loss of income is calculated at Rs.4,29,000/- (Rs.6,500/- X 12 X 11 = Rs.4,29,000/-) and the award under various heads are reasonable. The claimant is entitled for a sum of Rs. 4,64,000/- as total compensation, which reads as follows:- For loss of income Rs.4,29,000/- For transport expense Rs.5,000/- For funeral expenses Rs.15,000/- For loss of estate Rs.15,000/- Total compensation Rs.4,64,000/- 10. The Civil Miscellaneous Appeal is partly allowed. No costs. (i) The quantum of compensation awarded by the Tribunal is reduced from Rs.6,68,360/- to Rs.4,64,000/-.
4,64,000/- as total compensation, which reads as follows:- For loss of income Rs.4,29,000/- For transport expense Rs.5,000/- For funeral expenses Rs.15,000/- For loss of estate Rs.15,000/- Total compensation Rs.4,64,000/- 10. The Civil Miscellaneous Appeal is partly allowed. No costs. (i) The quantum of compensation awarded by the Tribunal is reduced from Rs.6,68,360/- to Rs.4,64,000/-. (ii) The appellant - Transport Corporation, is directed to deposit the entire compensation of Rs.14,64,000/- (if not already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and with costs, within a period of eight weeks from the date of receipt of a copy of this order. (iii) On such deposit being made by the Transport Corporation, the respondent / claimant is permitted to withdraw the entire award amount with interest and costs, on filing of proper petition before the Tribunal, less any amount, if already withdrawn by him.