Chennai: The Madras High Court has pulled up the Tamil Nadu State Transport Corporation for filing frivolous appeals in motor accident claims cases, without understanding the principles contained in the beneficial legislation of payment of just compensation to the accident victims/legal representatives of the deceased, who required to be compensated expeditiously, at least to mitigate the suffering and loss.
Dismissing an appeal from TNSTC against a compensation of Rs 12.92 lakh awarded by the Motor Accident Claims Tribunal in Tiruttani to the family of the deceased, who died in an accident involving an STC bus, a division bench comprising Justices S. Manikumar and M. Gonvindaraj said, “Though it is a fit case to be dismissed with costs, hoping that TNSTC Limited, Villupuram division-III, Kancheepuram, would not engage in filing such frivolous appeal, we refrain from doing so”.
The TNSTC challenged the quantum of compensation on the ground that the Tribunal had erred in fixing the monthly income of the deceased as Rs 7,500 per month for the purpose of computing loss of contribution to the family. The bench said the accident had occurred on March 10, 2011. The sum of Rs 6,000 after deducting 1/5th towards the personal and living expenses, cannot be said to be arbitrary or grossly excessive, warranting interference. “It is not known as to how and on what basis, the TNSTC has questioned the decision of the Tribunal, which has determined a very meagre contribution to family, ignoring the fact that as a breadwinner of the family, a person may have to provide food, shelter, clothing, education and such other basic needs”, the bench added.
It appears that the present appeal has been filed, just for the sake of filing an appeal, without understanding the principles contained in the beneficial legislation of payment of just compensation to accident victims/legal representatives of the deceased, the bench added.
