The Managing Director, Tamil Nadu State Transport Corporation vs Kokilam, & Ors.

Tamil Nadu State Transport Corporation has filed this Civil Miscellaneous Appeal challenging the award dated 05.09.2014 made in MCOP.No.1131 of 2013 on the file of the Motor Accident Claims Tribunal / Special District Court, Thanjavur.

The respondents 1 to 4 herein are the claimants. They are the wife and children of the deceased Sivasamy. He met with an accident on 03.06.2012 involving the bus belonging to the appellant corporation. The Tribunal awarded a sum of Rs.6,43,000/- with interest. Due apportionment was also made among the claimants. The said award is questioned by the appellant corporation on the ground that the entire negligence was fixed on the part of the driver of the corporation. The Court below took note of the fact that Crime No.197 of 2012 was registered against the driver of the appellant corporation. PW.2 was examined as the occurrence witness. The Court below after considering the entire facts and circumstances, came to the finding that the accident took place on account of the rash and negligence of the driving of the driver employed by the appellant corporation. There is no need to interfere with the said finding.

As regards the quantum of compensation payable to the claimants, the Tribunal fixed the monthly income at Rs.6,000/-. One third reduction was also made. The correct multiplier was adopted. In fact, for loss of consortium and loss of love and affection only lesser amount was awarded. Therefore, the compensation amount awarded by the Tribunal cannot be said to be excessive. There is no merit in this appeal. It stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.