THE MANAGING DIRECTOR Vs. MINOR SRIMATHI MINOR IS

JUDGEMENT

(1.) The Tamil Nadu State Transport Corporation has filed these three Civil Miscellaneous Appeals questioning the impugned awards dated 25.08.2014 made in M.C.O.P. Nos. 535, 536 & 537 of 2011 on the file of the Motor Accidents Claims Tribunal/Additional District and Sessions Court, Pattukottai both on the ground of liability as well as the quantum.

(2.) The learned counsel appearing for the Transport Corporation fairly submitted that the issue of liability has already been decided against the corporation in connected appeals. Therefore, the said issue need not be gone into. The finding of the Tribunal that the accident occurred on account of the rash and negligent driving of the driver employed by the appellant corporation stands confirmed.

(3.) The amount of compensations awarded in the MCOPs that was subject matter of CMA(MD)Nos. 1398 and 1399 of 2015 are reasonable and they do not warrant any interference. This Court will have to examine the reasonableness of the award in MCOP. No. 537 of 2011 which is the subject matter of CMA(MD)No. 1400 of 2015. Even though the claimant had suffered 50% disability, the Tribunal has chosen to adopt the multiplier method. This is not correct. Therefore, the compensation payable to the claimant has to be re-worked. For loss income Rs. 1,50,000/- can be awarded. The compensation awarded under other heads stand confirmed. The compensation payable to the claimant is reduced from Rs. 9,17,901/- to Rs. 5,87,901/-.