Tamil Nadu State Transport Corporation, Kumbakonam Division, By its Managing Director vs Sumathi, & Ors.

The Tamil Nadu State Transport Corporation, Kumbakonam Division has filed this Civil Miscellaneous Appeal, challenging the award dated 25.08.2011 made in M.C.O.P. No.92 of 2010 on the file of the Motor Accident Claims Tribunal, Sub-Court, Aruppukkottai.

The claimants filed the said petition seeking compensation for the death of Selvam @ Kalaiselvan in the accident that took place on 28.08.2010 involving the bus belonging to the appellant Corporation. The deceased was a taxi driver. Even though the appellant filed a counter contending that the deceased was under influence of alcohol, the same has not been established by letting in evidence.

The Tribunal proceeded on the footing that the deceased would have earned a sum of Rs.7,000/- (Rupees Seven Thousand only) per month. He was aged about 32, when he died. The Tribunal adopted the correct multiplier. The deductions were done correctly. The award of sum of Rs. 1,00,000/- (Rupees One Lakh only) towards loss of consortium is also correct. The deceased left behind not only a young wife but also two minor children and aged parents. Awarding a sum of Rs.10,62,000/- (Rupees Ten Lakhs and Sixty Two Thousand only) as compensation cannot be said to be excessive.

I find no merit in this appeal. The award passed by the Tribunal is confirmed. The Civil Miscellaneous Appeal stands dismissed. No Costs.