THE HON'BLE Dr. JUSTICE S.VIMALA C.M.A.No.61 of 2017 & C.M.P.No.566 of 2017 The Managing Director, Tamil Nadu State Transport Corporation, 37 Meetupalayam Road, Coimbatore ... Appellant ..vs..
1. M.Rejinabanu
2. A.Mohamed Ali
3. S.P.Chakravarthy ... Respondents Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree, dated 29.11.2013, made in M.C.O.P.No.67 of 2012 on the file of the Motor Accident Claims Tribunal, Sub Court, Pollachi.
For Appellant : Mr. V.Udayakumar For Respondents : Mr. Ma.Pa.Thangavel.
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JUDGMENT
This Civil Miscellaneous Appeal has been filed by the Transport Corporation, challenging the quantum of compensation.
2. In respect of the death of one year old child, Abitha Banu, her mother and father have filed a petition for compensation. As against the claim made for a sum of Rs.20 lakhs, the Tribunal has awarded a sum of Rs.5,80,000/-. Challenging the quantum as excessive, the Transport Corporation has filed the Appeal.
2. The Tribunal, based upon a decision of the High Court of Himachal Pradesh, reported in 2010 ACJ (H.P.) 1398 (Oriental Insurance Company Limited v. Jeyadevi) has taken the monthly income at Rs.3,000/- and adopted the multiplier of '15' and calculated the loss of dependency at Rs.5,40,000/-; Loss of love and affection has been estimated at Rs.20,000/-; medical expenses at Rs.10,000/-; Transport Expenses at Rs.10,000/- and thus, the total compensation was estimated at Rs.5,80,000/-.
3. The compensation awarded under all the heads by the Tribunal are reasonable and based on settled principles and therefore, there is no ground to interfere with the judgment passed by the Tribunal below. The compensation awarded by the Tribunal is just and reasonable.
4. In the result, this Civil Miscellaneous Appeal is dismissed. No costs.
Consequently, the connected CMP is closed.
02.02.2017 Index : Yes / No Web : Yes / No srk To
1. Motor Accident Claims Tribunal, Sub Court, Pollachi.
2. The Section Officer, V.R.Section, Madras High Court, Chennai 104
S.VIMALA, J.,
srk C.M.A.No.61 of 2017 & C.M.P.No.566 of 2017 02.02.2017 http://www.judis.nic.in