THE MANAGING DIRECTOR vs VASANTHA

Court
Madras High Court

CMA(MD) No. 1591 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
AND
THE HON'BLE MR.JUSTICE RAJNISH PATHIYIL
CMA(MD) No. 1591 of 2026
CNR:{HCMD010488082026}
AND
CMP(MD) NO. 14508 OF 2026
The Managing Director
Tamil Nadu State Transport Corporation Ltd.,
Madurai Division, Madurai.
..Petitioner(s)
Vs
1. Vasantha
W/o.Ramachandran,
No.21, Karuppanathi Road, Thirikudapuram,
Chockampatti, Kadayanallur Taluk,
Tirunelveli District.
2. Minor.Kalithurai
S/o. Ramachandran, No.21, Karuppanathi Road,
Thirikudapuram, Chockampatti, Kadayanallur
Taluk, Tirunelveli District.
3. Minor.Velmurugan
S/o. Ramachandran, No.21, Karuppanathi Road,
Thirikudapuram, Chockampatti, Kadayanallur
Taluk, Tirunelveli District.
4. Minor.Ramasamy
S/o. Ramachandran, No.21, Karuppanathi Road,
Thirikudapuram, Chockampatti, Kadayanallur
Taluk, Tirunelveli District.
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CMA(MD) No. 1591 of 2026
(The 2nd and 4th Minor respondents are
representative through their guardian, next friend
and their Mother Vasantha)
5. Ramamoorthy
S/o.Periyalwar,
Bangalow Street,
K.Madathupatti, Thayilpatti Post,
Vempakottai Taluk,
Sivakasi.
..Respondent(s)
CMP(MD) No. 14508 of 2026
The Managing Director
Tamil Nadu State Transport Corporation Ltd.,
Madurai Division, Madurai.
..Petitioner(s)
Vs
1. Vasantha
W/o.Ramachandran,
No.21, Karuppanathi Road, Thirikudapuram,
Chockampatti, Kadayanallur Taluk,
Tirunelveli District.
2. Minor.Kalithurai
S/o. Ramachandran, No.21, Karuppanathi Road,
Thirikudapuram, Chockampatti, Kadayanallur
Taluk, Tirunelveli District.
3. Minor.Velmurugan
S/o. Ramachandran, No.21, Karuppanathi Road,
Thirikudapuram, Chockampatti, Kadayanallur
Taluk, Tirunelveli District.
4. Minor.Ramasamy
S/o. Ramachandran, No.21, Karuppanathi Road,
Thirikudapuram, Chockampatti, Kadayanallur
Taluk, Tirunelveli District.
(The 2nd and 4th Minor respondents are
representative through their guardian, next friend
and their Mother Vasantha)
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CMA(MD) No. 1591 of 2026
5. Ramamoorthy
S/o.Periyalwar,
Bangalow Street,
K.Madathupatti, Thayilpatti Post,
Vempakottai Taluk,
Sivakasi.
..Respondent(s)
CMA(MD) No. 1591 of 2026
PRAYER: J-1. Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicle Act to allow this appeal by set aside the order made in
M.C.O.P.No.229 of 2019 dated 03-01-2026 on the file of the Motor
Accident Claim Tribunal, The Principal Subordinate Court, Tenkasi and
pass such further or other orders as this Honourable Court may deems fit
and proper to the circumstances of the case and thus render justice.
CMP(MD) No. 14508 of 2026
PRAYER: To stay all further proceedings in M.C.O.P.No.229/2019
dated 03-01-2026 on the file of the Motor Accident claims Tribunal / The
Principal Subordinate Court, Tenkasi pending disposal and pass such
other orders as this Honourable Court deem fit and proper as to the
circumstances of the case and thus render justice.
CMA(MD) No. 1591 of 2026
For Petitioner(s): Ferlin Castro.P.F
For Respondent(s): No appearance
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CMA(MD) No. 1591 of 2026
Judgment
(Judgment of the Court was delivered by Abdul Quddhose J.)
This civil miscellaneous appeal has been filed by the Transport
Corporation challenging the impugned award dated 03.01.2026, passed in
M.C.O.P.No.229 of 2019, by the learned Principal Sub Judge, Motor
Accident Claims Tribunal, Tenkasi.
2. Under the impugned award, the Tribunal had directed the
appellant / Transport Corporation to pay a compensation of
Rs.25,74,500/- to the respondents 1 to 4 / claimants for the accident,
which resulted in the death of one Ramachandran, caused by a bus owned
by the appellant / Transport Corporation. The details of the
compensation awarded to the respondents 1 to 4 / claimants by the
Tribunal are set out hereunder:
Sl.No. HEADS CALCULATION
1. Normal Income Rs.15,000/- per month
2. Future Prospects at 25% Rs.15,000/- + 3,750/- =
Rs.18,750/-
3. 1/4th of the income deducted as
personal expenses of the deceased
(Rs.18,750/- - Rs.4687.50) =
Rs.14,062.50/-
4. Compensation after multiplier of
14 is applied
Rs.14,062.50x12x14 =
Rs.23,62,500/-
5. Loss of Consortium towards
petitioner
Rs.44,000/- x 4 = 1,76,000/-
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CMA(MD) No. 1591 of 2026
6. Loss of Estate Rs.18,000/-
7. Funeral Expenses Rs.18,000/-
TOTAL COMPENSATION AWARDED Rs.25,74,500/-
3. The appellant / Insurance Company has challenged the
impugned award by raising the following grounds:
(a) The Tribunal failed to fix any contributory negligence
on the part of the deceased in the impugned award. According
to the appellant / Insurance Company, the deceased was
crossing the road in the National Highway in an inebriated
condition and therefore, the Tribunal ought to have fixed
contributory negligence on the part of the deceased.
(b) The notional monthly income fixed by the Tribunal at
Rs.15,000/- is on the higher side.
4. Admittedly, the first information report (Ex.P1) was
registered only against the driver of the appellant / Transport Corporation,
who had caused the accident, which resulted in the death of
Ramachandran. The Tribunal, under the impugned award, has taken into
consideration the first information report (Ex.P1), which is supported by
the evidence of the eyewitness, namely, Ramar (P.W.2), which confirmed
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CMA(MD) No. 1591 of 2026
that only due to the rash and negligent driving by the driver of the bus
owned by the appellant / Transport Corporation, the accident had
happened, which resulted in the death of Ramachandran. No contra
evidence has been produced by the appellant / Transport Corporation
before the Tribunal to disprove the contents of the first information report
(Ex.P1). R.W.1, a Police Official from the Police Department, in his
cross-examination, has also admitted that the driver of the appellant /
Transport Corporation was alone responsible for the cause of the
accident.
5. Though the learned counsel for the appellant / Transport
Corporation would submit before this Court that there was contributory
negligence on the part of the deceased, the evidence available on record
will point out that the driver of the bus owned by the appellant /
Transport Corporation alone was responsible for the cause of the
accident, which resulted in the death of Ramachandran.
6. Insofar as the assessment of notional monthly income of the
deceased by the Tribunal at Rs.15,000/- is concerned, we are of the
opinion that the said assessment cannot be held to be unreasonable and
unjustified. The accident happened in the year 2019. The deceased was
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CMA(MD) No. 1591 of 2026
said to have been working as a Hill Folk-Honey Collector and was said to
be earning Rs.20,000/- per month. Since no documentary evidence was
produced by the respondents 1 to 4 / claimants to support the monthly
income of the deceased, the Tribunal, under the impugned award, on
notional basis, has fixed the notional monthly income of the deceased at
Rs.15,000/-. We do not find any infirmity in the said assessment after
giving due consideration to the year of the accident as well as the nature
of the avocation of the deceased.
7. Insofar as the quantum of compensation awarded by the
Tribunal under various heads totally amounting to Rs.25,74,500/- is
concerned, there is no scope for interference by this Court as the said
compensation is just and reasonable. The Tribunal also applied the
correct multiplier for calculating the loss of dependency.
8. For the foregoing reasons, we do not find any merit in this
appeal. Accordingly, this civil miscellaneous appeal is dismissed.
9. The appellant / Transport Corporation is directed to deposit
the entire award amount together with interest and costs, due and payable
under the impugned award, to the credit of M.C.O.P.No.229 of 2019, on
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CMA(MD) No. 1591 of 2026
the file of the Motor Accident claims Tribunal / The Principal
Subordinate Court, Tenkasi, within a period of eight weeks from the date
of receipt of a copy of this order. On deposit of such amount, the
respondents 1 to 4 / claimants are permitted to withdraw the
compensation amount with accrued interest and costs by filing an
appropriate application before the Tribunal seeking for payment out as
per the proportion set out in the impugned award. No costs.
Consequently, connected miscellaneous petition is closed.
(A.Q.,J.) (R.P.L.,J.)
15-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
krk
To:
The Principal Sub Judge,
Motor Accident Claims Tribunal,
Tenkasi.
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CMA(MD) No. 1591 of 2026
ABDUL QUDDHOSE J.
AND
RAJNISH PATHIYIL J.
krk
CMA(MD) No. 1591 of 2026
AND
CMP(MD) NO. 14508 OF 2026
15-10-2026
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