CMA(MD)/78/2022 of TAMIL NADU STATE TRANSPORT CORPORATION LTD Vs M.JUSTIN on 2 November 2026

J U D G M E N T

The appellant/Transport Corporation, being the sole respondent in M.C.O.P.No.629 of 2018, on the file of the Motor Accidents Claims Tribunal-cum- Special Sub Court dealing with M.C.O.P. cases, Tirunelveli, have filed the present Civil Miscellaneous Appeal in C.M.A.(MD)No.78 of 2022, challenging the award dated 11.02.2021 passed in M.C.O.P.No.629 of 2018.

2. Facts of the case:

2.1. The deceased Justin Alex was pursuing his B.E. third year. It is the case of the claimants that on 29.01.2018, at about 4.15 p.m., while the deceased was riding his Yamaha motorcycle bearing Registration No.TN-75-Z-3564, along with one Nandhini as pillion rider, on the Kovalam-Kanyakumari Road, opposite to Kanyakumari New Bus Stand, the appellant/Transport Corporation bus bearing Registration No.TN-57-N-1606 came from the opposite direction in a rash and negligent manner and rammed into the motorcycle driven by the deceased. Due to the impact, the deceased sustained grievous injuries and died on the spot. Hence, the parents, brother and sister of the deceased filed the claim petition before the Tribunal, claiming compensation of Rs.35,00,000/- with interest.

2.2. The appellant/Transport Corporation filed a counter denying the manner of the accident and disputing the negligence attributed to the driver of the bus. The appellant also disputed the quantum of compensation claimed by the claimants.

2.3. Before the Tribunal, on the side of the claimants P.W.1 to P.W.3 were examined and were marked Ex.P1 to Ex.P9. On the side of the appellant/Transport Corporation, neither any witness was examined nor any document was marked.

3. Findings of the Tribunal:

3.1. Upon considering the entire evidence available on record, the Tribunal fixed the negligence on the driver of the appellant/Transport Corporation bus and awarded a sum of Rs.30,94,000/- as compensation, with interest at the rate of 7.5% per annum from the date of filing of the claim petition, by award dated 11.02.2021. Sl. No. Heads Award in Rs.

Loss of dependency 30,24,000

Parental Consortium 40,000

Loss of estate 15,000

Funeral expenses 15,000 Total Compensation Awarded Rs.30,94,000/-

3.2. Challenging the said award, the appellant/Transport Corporation has preferred the present appeal.

4. Submissions of the learned counsel appearing for the appellant/Transport Corporation :

4.1. The learned counsel appearing for the appellant/Transport Corporation submitted that the accident occurred due to the rash and negligent riding of the two-wheeler by the deceased. According to the learned counsel, the said fact was established from the materials available on record. However, the Tribunal, without properly appreciating the FIR and the rough sketch, erroneously fixed the entire negligence on the driver of the appellant/Transport Corporation bus.

4.2. The learned counsel further submitted that the deceased was only a third-year B.E. student and, therefore, the Tribunal erred in fixing his monthly income at Rs.20,000/-, which is on the higher side. Hence, the learned counsel sought reduction of the compensation.

5. Submissions of the learned counsel appearing for the respondents/claimants:

5.1. Per contra, the learned counsel appearing for the claimants submitted that the Tribunal, after properly appreciating the evidence of the eyewitness, rightly fixed the negligence on the driver of the appellant/Transport Corporation bus. It was further submitted that, considering the fact that the deceased was pursuing his

third year of B.E., the Tribunal rightly fixed the monthly income at Rs.20,000/- by following the various relevant judgments. Hence, no interference is warranted against the award.

6. This Court has considered the rival submissions and perused the materials available on record.

7. The points for determination in this appeal are:

(i) Whether the Tribunal was correct in fixing the negligence on the driver of the appellant/Transport Corporation bus?

(ii) Whether the compensation awarded by the Tribunal requires interference?

8. Discussion on negligence:

8.1. As regards negligence, this Court has carefully perused the evidence of P.W.1 and P.W.2. And P.W.2, who is an eyewitness to the occurrence, has clearly deposed about the manner of the accident and stated that the driver of the appellant/Transport Corporation bus drove the vehicle in a rash and negligent manner and rammed into the two wheeler of the deceased.

8.2. The evidence of P.W.2 is corroborated by the contents of the FIR/Ex.P1. Though the appellant/Transport Corporation disputed the manner of the accident, no contra evidence was adduced on its side to disprove the evidence of the eyewitness. Therefore, this Court finds no reason to interfere with the finding of the Tribunal fixing negligence on the driver of the appellant/Transport Corporation bus. In view of the above the said finding is hereby confirmed.

9. Discussion on Quantum:

9.1. As regards the quantum of compensation, it is not in dispute that the deceased was pursuing his B.E. third year at the time of the accident. However, considering his educational qualification and the fact that he had not yet completed his course and continuing the course, this Court is of the considered view that the monthly income fixed by the Tribunal at Rs.20,000/- is on the higher side. Hence, the monthly income is reduced to Rs.15,000/-. By adding 40% towards future prospects, the monthly income would work out to Rs.21,000/-. Since the deceased was a bachelor, 50% of the income has to be deducted towards his personal expenses. Applying the multiplier of 18, the loss of dependency is calculated as follows:- Rs.21,000/- × 50% × 12 × 18 = Rs.22,68,000/-. In addition, the claimants are entitled to a sum of Rs.1,60,000/- towards consortium. Hence, above said head is enhanced from Rs.40,000/- to Rs.1,60,000/-. The Tribunal awarded the amount in other heads, Rs.15,000/- towards loss of estate and Rs.15,000/- towards funeral expenses are not interfered with this Court.

10. Conclusion:

10.1. For the foregoing reasons, the compensation awarded by the Tribunal to the claimant is re-determined as follows:- Sl. No. Heads Amount awarded by the Tribunal (in Rs.) Re-quantified amount by this Court (in Rs.) Status

Loss of dependency 30,24,000/- 22,68,000/- Reduced

Parental Consortium to the claimants 1 to 4 (each

Rs.40,000/- fixed by this court) 40,000/- 1,60,000/- Enhanced

Loss of estate 15,000/- 15,000/- Confirmed

Funeral expenses 15,,000/- 15,000/- Confirmed Total Compensation Awarded Rs.30,94,000/- Rs.24,58,000/- Reduced

11. Result:

11.1. In the result, this Civil Miscellaneous Appeal is partly allowed.

11.2. The award dated 11.02.2021 passed in MCOP No.629 of 2018 by the Motor Accident Claims Tribunal (Special Subordinate Judge) dealing with MCOP

cases, Tirunelveli, is hereby reduced from Rs.30,94,000/- to Rs.24,58,000/-, with interest at the rate of 7.5% per annum from the date of filing of the claim petition.

11.3. The appellant/Transport Corporation is directed to deposit the reduced award amount of Rs.24,58,000/-, together with accrued interest, after adjusting the amount, if any, already deposited, within a period of eight weeks from the date of receipt of a copy of this order.

11.4. On such deposit, the claimants are permitted to withdraw the same in accordance with law.

11.5. If the appellant/Transport Corporation has already deposited any amount in excess of the modified award amount, it is at liberty to withdraw the excess amount. Consequently, connected Civil Miscellaneous Petition is closed. 02.11.2026 NCC :Yes/No Index :Yes/No Internet :Yes/No AKM

To

1. Motor Accident Claims Tribunal, Special Subordinate Court dealing with MCOP Cases, Tirunelveli.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

K.K.RAMAKRISHNAN,J. AKM C.M.A.(MD).No.78 of 2022 and C.M.P.(MD).No.759 of 2022 Dated: 02.11.2026