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Tamil Nadu State Transport Corporation Ltd. Kumbakonam Division Vs. Senthamarai Selvi and Another - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberCMA (MD) No. 1258 of 2006 & M.P. (MD). No. 10761 of 2016
Judge
AppellantTamil Nadu State Transport Corporation Ltd. Kumbakonam Division
RespondentSenthamarai Selvi and Another
Excerpt:
.....act, against the award and decree made in mcop.no.339 of 2014, dated 13.12.2015 on the file of motor accidents claims tribunal, (special district judge), tiruchirappalli.) judgment: 1. the present civil miscellaneous appeal has been against the the award and decree made in mcop.no.339 of 2014, dated 13.12.2015 on the file of motor accidents claims tribunal, (special district judge), tiruchirappalli. 2. it is a case of fatal accident that took place on 02.11.2013 at about 12.45 noon on irungalur sangenthi road at kumulur near eri outlet . the legal heirs of the deceased filed a claim petition seeking compensation before the motor accidents claims tribunal, (special district judge), tiruchirappalli, and the tribunal by considering the facts and circumstances of the case, awarded.....
Judgment:

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the Award and Decree made in MCOP.No.339 of 2014, dated 13.12.2015 on the file of Motor Accidents Claims Tribunal, (Special District Judge), Tiruchirappalli.)

Judgment:

1. The present Civil Miscellaneous Appeal has been against the the Award and Decree made in MCOP.No.339 of 2014, dated 13.12.2015 on the file of Motor Accidents Claims Tribunal, (Special District Judge), Tiruchirappalli.

2. It is a case of fatal accident that took place on 02.11.2013 at about 12.45 noon on Irungalur Sangenthi Road at Kumulur near Eri Outlet . The legal heirs of the deceased filed a claim petition seeking compensation before the Motor Accidents Claims Tribunal, (Special District Judge), Tiruchirappalli, and the Tribunal by considering the facts and circumstances of the case, awarded Rs.12,92,000/- as total compensation with interest at 7.5% per annum. The appellant Transport Corporation has filed the present appeal, challenging the Award passed by the Tribunal, on the ground that the quantum of compensation granted by the Tribunal is excessive.

3. This Court has gone through the findings of the Tribunal and the evidence adduced therein.

4. A perusal of the award, it is seen that the Tribunal has taken the notional monthly income of the deceased as Rs.6,000/- and adopted the multiplier 16 for calculating loss of dependency. Further, the age of the deceased person was 31 years and he was running a Firm under the name and style of RK Group of Training Academy and Consultancy . That apart, the claimants are wife and minor child, who is aged about two years at the time of filing the claim petition. Hence, this Court is of the view that the compensation fixed by the Tribunal is a just compensation.

5. In view of the facts and circumstances of the case, this Court is not inclined to interfere with the award passed by the Tribunal.

6. In the result, the Civil Miscellaneous Appeal is dismissed. The award passed in MCOP.No.339 of 2014 dated 03/12/2015 by the Motor Accidents Claims Tribunal, (Special District Judge), Tiruchirappalli is confirmed. No costs. Consequently, connected miscellaneous petition is closed.

7. The appellant Transport Corporation is directed to deposit the entire award amount with proportionate accrued interest and costs, if not already deposited, to the credit of M.C.O.P.No.339 of 2014, on the file of the Motor Accidents Claims Tribunal (Special District Judge), Tiruchirappalli, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the respondent/claimant is permitted to withdraw her respective share as per the apportionment made by the Tribunal with proportionate accrued interest and costs through RTGS, by filing necessary application before the Tribunal concerned. The Tribunal is directed to deposit the share of the minor/second respondent in any one of the Nationalised Banks, in a Fixed Deposit scheme, till he attains majority. The first respondent, who is the mother and guardian of the minor/second respondent, is permitted to withdraw the accrued interest of the minor once in three months directly from the bank, only for the welfare of minors. No costs. Consequently, connected Miscellaneous Petition is closed.


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