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CDJ 2026 MHC 4915 My Notes print Preview print print
Court : High Court of Judicature at Madras
Case No : CMA No. 53 of 2021 & CMP. No. 470 of 2021
Judges: THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Parties : The Managing Director, Chickballapur, Karnataka Versus Syed Naseeruddin & Another
Appearing Advocates : For the Appellant: T. Thiyagarajan, Advocate. For the Respondents: S.P. Yuaraj, Advocate, R2, No Appearance.
Date of Judgment : 03-08-2026
Head Note :-
Motor Vehicles Act, 1988 - Section 173 -
Judgment :-

(Prayer: This civil miscellaneous appeal filed under Section 173 of Motor Vehicles Act, 1988 to set aside the judgment and decree dated 19.09.2019 passed in MCOP.No.231 of 2018 on the file of the Motor Accident Claims Tribunal(Special District Court), Krishnagiri.)

1. This Civil Miscellaneous Appeal has been filed by the Transport Corporation against the award passed by Motor Accident Claims Tribunal (Special District Court), Krishnagiri, in MCOP No.231 of 2018 dated 19.09.2019, questioning the liability.

2. The respondents 1 and 2 are the parents of the deceased. The case of the claimant is that the deceased travelled in a bus belonging to the transport corporation and the bus was proceeding towards Chennai on 14.01.2016. At about 2.30 a.m, the bus was halted at Krishnagiri. The deceased got down from the bus and after attending to nature’s call, attempted to get into the bus. In the meantime, the driver of the bus started the vehicle without noticing the deceased. As a result, the deceased fell down, sustained serious head injuries and died on the spot. An FIR came to be registered in Crime No.26 of 2016, based on the complaint given by the conductor of the vehicle. It is under these circumstances, the claim petition came to be filed before the Tribunal.

3. The Appellant transport corporation filed a counter and took a stand that an unknown canter lorry was driven in a rash and negligent manner and dashed against the bus as well as the deceased, who was standing on the rear side of the bus. As a result of which, the deceased sustained grievous injuries and died on the spot. In view of the same, the Transport Corporation denied its liability.

4. The Tribunal on considering the facts and circumstances of the case and on appreciation of the evidence, came to the conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the bus belonging to the Transport Corporation.

5. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs.14,50,800/- under various heads as follows :-

Sl.No.Compensation awarded under the headAmount (in Rs.)
1.Loss of dependencyRs.13,60,800/-
2.Loss of consortiumRs.25,000/-
3.Loss of estateRs.20,000/-
4.Funeral expensesRs.15,000/-
5.Love and AffectionRs.30,000/-
 TotalRs.14,50,800/-
6. The above compensation was directed to be paid with interest at the rate of 7.5% per annum. Aggrieved by the same, the present appeal has been filed before this Court by the Transport Corporation.

7. Heard Mr.T.Thiyagarajan, learned counsel for appellant and Mr.S.P.Yuvaraj, learned counsel for the 1st respondent.

8. This Court carefully considered the submissions made on the side of the appellant and the materials available on record.

9. This Court also carefully went through the award passed by the Tribunal.

10. The bone of contention is regarding the negligence that was attributed by the Tribunal against the driver of the bus belonging to the Transport Corporation. On going through the award, it is seen that the Tribunal had taken into consideration the evidence of PW1, RW1, RW2, Ex.P1 and Exs.R1 to R4 and the Tribunal applied the principle of preponderance of probabilities and came to the conclusion that the negligence was attributable only as against the driver of the bus. This finding rendered by the Tribunal does not suffer from any perversity warranting the interference of this Court.

11. Insofar as the quantum of compensation fixed by the Tribunal, this Court is inclined to delete the compensation fixed under the head of loss of love and affection and enhanced the compensation granted under the head of loss of consortium to Rs.80,000/-.

12. The Tribunal has granted a compensation of Rs.20,000/- towards loss of estate, which is reduced to Rs.15,000/-.

13. The compensation awarded under the other heads are just and proper and it does not require the interference of this Court.

14. In the light of the above discussion, this Court modifies the compensation in the following manner:

Sl.No.Compensation awarded under the headAmount by the Tribunal (in Rs.)Amount awarded by this Court (in Rs.)
1.Loss of dependencyRs.13,60,800/-Rs.13,60,800/-
2.Loss of consortiumRs.25,000/-Rs.80,000/-
3.Loss of estateRs.20,000/-Rs.15,000/-
4.Funeral expensesRs.15,000/-Rs.15,000/-
5.Love and AffectionRs.30,000/--
 TotalRs.14,50,800/-Rs.14,70,800/-
15. The compensation awarded by the Tribunal at Rs. 14,50,800/- is enhanced to Rs.14,70,800/-. The Transport Corporation is directed to deposit the enhanced compensation of Rs.20,000/-, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of four (4) weeks from the date of receipt of this judgment. On such deposit, the claimants are entitled to withdraw the compensation amount along with accrued interest. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. The guidelines issued by the Division Bench of this Court in C.M.A.No.2064 of 2026, dated 08.07.2026 shall be strictly complied with respect to disbursement of the compensation amount to the claimants.

16. In the result, the Civil Miscellaneous Appeal is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed.
 
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