Tamil Nadu State Transport Corporation (Madurai Division IV) Ltd. vs Muthulakshmi, , Mariammal, Ramya and C. Balusamy

M. Jaichandren, J.

1 This appeal has been filed against the judgment and decree of the Motor Accident Claims Tribunal, Principal District Judge, Karur, made in M.C.O.P. No. 211 of 2000, dated 12.10.2001. Even though the judgment and decree of the Motor Accident Claims Tribunal, Karur, dated 12.10.2001, has been challenged on the various grounds mentioned in the memo of grounds of appeal, the main ground relied on by the learned Counsel appearing on behalf of the appellant is that the Tribunal had erred in fixing the quantum of compensation.

The learned Counsel appearing for the appellant had submitted that the compensation awarded by the Tribunal is excessive in nature, taking into consideration the age of the deceased, Karuppan @ Thangavelu, as well as the age of the wife of the deceased, Muthulakshmi, who is the first claimant in M.C.O.P. No. 211 of 2000, on the file of the Motor Accident Claims Tribunal, Principal District Judge, Karur.

The learned Counsel appearing for the appellant had submitted that if, Mariammal, the daughter of the deceased, Karuppan @ Thangavelu, was aged about 19 years, at the time of the accident, her mother, Muthulakshmi, who was 34 years of age, should have been given birth to her daughter Mariammal when she was 15 years of age, which is impossible. The learned Counsel had also pointed out that the interest of 9% awarded by the Tribunal is very high since the normal rate of interest to be awarded would be 7.5%.

Per contra, the learned Counsel appearing for the respondents 1 to 3 had submitted that the compensation amount awarded by the Tribunal is in accordance with law and it is not excessive in nature. The Tribunal had come to the right conclusions, based on the facts and circumstances of the case and the evidence available on record. The correct age of the first and the second respondents, as found in the claim petition, had been taken note of by the Tribunal in awarding the compensation. Therefore, the appeal filed by the Tamil Nadu State Transport Corporation (Madurai Division IV) Limited, Dindigul, is devoid of merits and hence, it is liable to be dismissed.

In view of the submissions made by the learned Counsels appearing on behalf of the appellant, as well as the respondents and on a perusal of the records available, this Court is of the considered view that the appellant has not shown sufficient cause or reason for this Court to interfere with the judgment and decree of the Motor Accident Claims Tribunal, Principal District Judge, Karur, dated 12.10.2001, made in M.C.O.P. No. 211 of 2000.

The contentions of the learned Counsel appearing on behalf of the appellant cannot be countenanced. The Tribunal had come to its conclusions in view of the evidence available on record, with regard to the age of the deceased, as well as the age of the claimants, apart from taking into consideration the other relevant factors, to fix the amount of compensation payable to the claimants. Further, it has been admitted that the appellant herein had not raised any objection, either with regard to the age of the deceased or with regard to the age of the first and the second respondents, at an earlier stage. Further, the interest of 9% awarded by the Tribunal cannot be said to be excessive in nature.

In such circumstances, the Civil Miscellaneous Appeal is liable to be dismissed confirming the judgment and decree of the Motor Accident Claims Tribunal, Principal District Judge, Karur, dated 12.10.2001, made in M.C.O.P. No. 211 of 2000. No costs.