IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2012

CORAM:

THE HONOURABLE MR JUSTICE S.MANIKUMAR

C.M.A.No.3055 of 2012

1.Thangammal

2. Minor Saritosh

3. Minor Raghuraman

4. Minor Raghubathy

5. Sidhamma

... Appellants/Claimants

(minors 2 to 4 rep.by mother and

natural guardian Thangammal)

Vs.

The Managing Director

Tamil Nadu State Transport Corporation Ltd.,

12, Ramakrishna Road,

Salem

.

... Respondent /Respondent

Civil Miscellaneous Appeals filed under Section 173 Motor Vehicles

Act. 1988 challenging the inadequacy of the compensation the award,

dated 29.03.2007 in M.C.O.P.No. 84 of 2005 on the file of the Motor

Accident Claims Tribunal (Subordinate Judge), Mettur.

For Appellants :

Mr.D.Shivakumaran

For Respondent :

Mr.D.Venkatachalam

J U D G M E N T

Being aggrieved by the finding, fixing contributory negligence on

the deceased, viz., Mr.Periasamy, and the inadequacy of the quantum of

compensation awarded to the wife, three minor children and mother of

the deceased, legal representatives have preferred this appeal.

2.

Short facts leading to this appeal are as follows:

That on 30.03.2005, about 9.45 p.m., when the said Periasamy

was travelling as a pillion rider in a TVS 50 bearing Registration No.

https://hcservices.ecourts.gov.in/hcservices/

30 Z 1892, on Tharamangalam to Sankari main road, a Transport

Corporation Bus, Route No.91 bearing Registration No.TN 27 N-0662,

which came in the opposite direction, driven in a rash and negligent

manner, dashed against a TVS 50 and due to the said impact, the

persons, who travelled in the motorcycle, were thrown out and

Mr.Periasamy. husband of the first appellant sustained grievous

injuries. Immediately thereafter, he was taken to Government

Hospital, Salem, in the same Transport Corporation Bus. But he died

on the way to hospital. A case in Crime No. 126 of 2005. under

Sections 279, 337 and 304(A) of IPC has been registered against the

driver of the State Transport Corporation Bus.

3.

According to the first respondent wife, at the time of

accident, the deceased was working as a Supervisor in a Powerloom

Factory, belonging to one Mr.Rajendran and that he was paid a sum of

Rs.5,000/- as monthly salary. She has further submitted that due to

the sudden demise of the breadwinner, minor children, aged about 4 %

years and less, wife and mother of the deceased , were put to

inexplicable agony, hardship and financial constraint and in the

abovesaid circumstances, claimed compensation of Rs.10.00,000/-.

4.

To prove the manner of accident and employment, income

earned by the deceased, at the time of accident, wife of the deceased

examined herself as PW-1 and marked Ex.PI - FIR, Ex.P2- Post-mortem

certificate of the deceased. Ex.P3- X Standard certificate of the

deceased, dated - March 1986. Ex.P4- Higher secondary course

certificate, dated - March 1988, Ex. P5- Co-operative Supervisor's

Training course certificate, dated 28.04.1989, Ex.P6- Provisional

certificate for Diploma in Co-Operation, dated 13.06.1990, Ex.P7-

Diploma in Co-operation certificate, dated 31.01.1991, Ex.P8- B.Com.,

Degree certificate, dated 29.12.1992. Ex.P9 - B.Com Provisional

certificate, dated 25.09.1992, Ex.P10 - M.Com. Degree certificate,

dated 18.12.1997, Ex.P11 - M.Com Provisional certificate, dated

25.09.1997, Ex. P12-Birth certificate of 2^nd petitioner. Ex. PI3 -

Birth certificate of 3^rd petitioner; Ex. P14-Birth certificate of 4^th

petitioner, Ex.PI5 - OBC certificate of the deceased, Ex. PI6™

Typewriting Lower grade certificate (English), Ex. P17- Certificate

(English), Ex, P19-Typewriting Higher grade certificate (Tamil), Ex.

P20- OBC certificate issued by Tahsildar. dated 06.04.1998, and Ex.

P21-Employment card of deceased. PW-2 is stated to be the employer and

that he has deposed that at the time of