TAMIL NADU STATE TRANSPORT CORPORATION LTD Vs. S RAJAPRIYA

JUDGEMENT

(1.) Leave granted.

(2.) Tamil Nadu State Transport Corporation Ltd. (hereinafter referred to as the Corporation) calls in question legality of the judgment rendered by a Division Bench of the Madras High Court dismissing the appeal filed by the Corporation. By the impugned order the Division Bench confirmed the compensation awarded to the respondents by the Motor Vehicle Accident Compensation Claim Tribunal, Principal District Judge, Thanjur (in short the Tribunal).

(3.) Background facts in a nutshell are as follows: On 30-8-2001 one Sathyamurthy (hereinafter referred to as the deceased) lost his life in an automobile accident. His widow (respondent No.1) and minor son (respondent No. 2) filed petition claiming compensation under the Motor Vehicles Act, 1988 (in short the Act). Deceaseds mother was impleaded as respondent No. 2 in the claim petition, while the Corporation was impleaded as respondent No. 1. It was stated in the claim petition that the accident occurred due to rash and negligent driving of the Corporations driver. Claim of Rs. 20 lakhs was made. Tribunal noted that the deceased was about 38 years of age and was getting monthly salary of Rs. 4688/- (annually Rs. 56,208/-) from the Corporation. After deductions one-third for personal expenses contribution of the deceased was fixed at Rs. 37,472/- per annum. As the deceased was about 38 years of age, multiplier of 16 was applied. Accordingly, the compensation was worked out at Rs. 6,09,552/-. The award was questioned in appeal before the Madras High Court and the Division Bench as noted above, dismissed the same.