BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04/01/2008 CORAM: THE HONOURABLE MR.JUSTICE G.RAJASURIA C.M.A.(MD)No.1232 of 2007 and M.P.(MD)No.2 of 2007 The Managing Director, Tamil Nadu State Transport Corporation Limited, Bye Pass Road, Madurai. ... Appellant Vs 1.Thangarasu 2.Tmt.Suriya Gandhi ... Respondents Prayer Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgement and Decree dated 10.10.2006 passed in M.C.O.P.No.844 of 2004 by the learned Motor Accidents Claims Tribunal-cum-the Principal District Judge, Madurai. !For Appellant ... Mr.K.Gokul ^For Respondents ... No appearance :JUDGMENT
This appeal is focussed as against the Judgement and Decree dated
10.10.2006 passed in M.C.O.P.No.844 of 2004 by the learned Motor Accidents
Claims Tribunal-cum-the Principal District Judge, Madurai.
2. Heard the learned counsel appearing for the appellant and there is no
representation on behalf of the respondents, despite service of notice.
3. The Tribunal vide Judgement dated 10.10.2006 awarded compensation to a
tune of Rs.1,54,000/- (Rupees one lakh and fifty four thousand only) under the
following sub-heads:
For loss of income -Rs.1,50,000/-
For funeral expenses -Rs. 4,000/-
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Total -Rs.1,54,000/-
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4. The gist and kernel of the grounds of appeal as stood exposited from
the memorandum of appeal could be set out thus:
The Tribunal awarded a sum of Rs.1,50,000/- (Rupees one lakh and fifty
thousand only) relating to the death of a boy of thirteen years old. The
compensation awarded is excessive.
5. The point for consideration is as to whether the Tribunal awarded ‘just
compensation’?
6. On point:
The learned counsel for the appellant Transport Corporation would submit
that the Tribunal took into account the notional income of the deceased as
Rs.15,000/- (Rupees fifteen thousand only) per annum and assessed the
compensation.
7. The perusal of the records would reveal that the Tribunal took into
account the notional income of the deceased as Rs.15,000/- (Rupees fifteen
thousand only) per annum and deducted one third (1/3) from it towards the
expenditure which the deceased would have incurred for maintaining himself had
he been alive. Applying the multiplier 15, the Tribunal arrived at the sum of
Rs.1,50,000/- (Rupees one lakh and fifty thousand only) as loss of dependency.
Towards funeral expenses a sum of Rs.4,000/- (Rupees four thousand only) was
also awarded.
8. As such I could see no reason to interfere with the awarded already
passed by the Tribunal and
that the Tribunal arrived at a moderate sum only as compensation.
9. I, therefore do not find any merit in this Appeal and accordingly it is
dismissed. The award of the Tribunal is confirmed. No costs. Consequently, the
connected M.P. is also dismissed.
smn
To
The Motor Accidents Claims Tribunal cum
the Principal District Judge, Madurai.