2018 (3) TMI 1322 - HC - VAT and Sales Tax

Compensation for death of the deceased - award amount - Held that - it is apparently clear that the jeep driver was set at fault and the Tribunal has rightly come to the conclusion and fixed the liability on the driver of the jeep and this Court finds that there is no infirmity in the said conclusion. This Court finds that it is reasonable and just compensation and no interference is required in this appeal and hence, this appeal is liable to be dismissed. Appeal dismissed - decided against Revenue.

Summary

Issues:
Interpretation of evidence and documents presented before the Tribunal, Liability determination in a motor accident case, Assessment of compensation for loss of income and other claims.

Interpretation of Evidence and Documents:
The case involved a motor accident claim where the deceased was traveling in a government jeep that collided with a parked lorry, resulting in the death of the driver and injuries to others. Various oral and documentary evidences were presented before the Tribunal by both parties. The respondents argued that the accident was caused due to the reckless attitude of the lorry driver and contested the liability assigned to them. The Tribunal considered the evidence, including witness testimonies, and concluded that the driver of the jeep was at fault for the accident. The Court upheld this conclusion, finding no infirmity in the Tribunal's decision based on the approved rough sketch indicating the fault of the jeep driver.

Liability Determination in Motor Accident Case:
The Court analyzed the circumstances of the accident, where the driver of the jeep swerved to avoid a stone on the road and collided with a parked lorry. The Court noted that the negligence of both the jeep driver and the lorry driver contributed to the accident. However, based on the evidence presented, the liability was fixed on the driver of the jeep. The Court affirmed the Tribunal's decision to hold the driver of the jeep accountable for the accident, dismissing the appeal against the liability determination.

Assessment of Compensation for Loss of Income and Other Claims:
Regarding the assessment of compensation, the Court reviewed the deceased's income, age, and contributions to the family. The Tribunal calculated the loss of income based on the deceased's salary, personal expenses deduction, and years of service. Additionally, the Tribunal awarded amounts for funeral expenses, loss of estate, and consortium. The total compensation awarded was deemed reasonable and just by the Court. The liability for the compensation was placed on the State of Tamilnadu, represented by the Commercial Tax Officer Enforcement. The Court upheld the compensation amount and directed the appellants to deposit the awarded sum within a specified timeframe.

In conclusion, the High Court of Madras dismissed the Civil Miscellaneous Appeal filed against the Motor Accidents Claims Tribunal's decision, confirming the compensation awarded in the case. The Court upheld the liability determination on the driver of the jeep, considering the evidence and circumstances of the accident. The Court found the compensation amount reasonable and just, affirming the Tribunal's decision and directing the appellants to deposit the awarded sum within a stipulated period.