The Managing Director, Tamil Nadu State Transport Corporation vs Minor Manikandan S/o.Kundumony @ Subbiah

Tamil Nadu State Transport Corporation, Kudanthai Division-I has filed this Civil Miscellaneous Appeal challenging the award made in M.C.O.P.No.96 of 2012 on the file of the Motor Accident Claims Tribunal / Sub Court, Pattukottai.

The claimant is the minor son of the deceased. The deceased Kundumony @ Subbiah was killed in an accident on 28.01.2012 on account of the rash and negligent driving of the driver of the bus belonging to the appellant Corporation. The Tribunal has given a finding fixing negligence on the driver employed by the appellant corporation. There is no reason to interfere with the said finding.

As regards the quantum, the Tribunal has fixed the income earned by the deceased at Rs.6,000/- per month. This cannot be said to be excessive. The correct multiplier was adopted. The deductions have been correctly made. The other heads of damages have also been correctly quantified. Therefore, the award passed by the Tribunal is confirmed. There is no merit in this appeal.

The claimant has filed Cross Objection. According to the claimant, the Tribunal erred in deduction of his monthly income in respect of his personal expenses. It is true, in the case of married persons the deduction is made only to the extent of one third. But in this case, the family of the deceased comprised himself and the claimant alone. The mother of the claimant has pre deceased his father. Therefore, the Tribunal was justified in deducting half of his monthly income in respect of his personal expenses. I have already held that the Tribunal adopted the correct approach and that is why I have dismissed the appeal filed by the Transport Corporation. There is no merit in this Cross Objection. It stands dismissed.

This Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.