CMA No.2697 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA No.2697 of 2016
and
CMP No.19420 of 2016
The Managing Director
Tamil Nadu State Transport
Corporation Limited,
Thirunelveli
Madurai Division,
Vannarapet,
Thirunelveli ... Appellant
versus
1. Chelliah
2. Pavunammal .... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree passed in MCOP No.362
of 2009 on the file of Principal Judge, Motor Accident Claims Tribunal,
Tindivanam, dated 29.07.2011.
For Appellant : Mr.D. Venkatachalam
For Respondents : Not ready in notice
reg. R1 & R2
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CMA No.2697 of 2016
JUDGMENT
(Heard Video Conference) This appeal has been filed by the Transport Corporation challenging the impugned award dated 29.07.2011 passed by the Motor Accidents Claims Tribunal, Principal Sub Court, Tindivanam in MCOP No.362 of 2009.
2. The appellant / Transport Corporation has filed this appeal only on the ground that the quantum of compensation awarded by the Tribunal is excessive.
3. The details of compensation awarded by the Tribunal in favour of the claimants are detailed hereunder :-
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of income 4,68,000
Funeral expenses 6,000
Transport expenses 5,000
Loss of love and affection 1,00,000
Loss of things 3,000
Total 5,81,000
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CMA No.2697 of 2016
4. Heard Mr.D.Venkatachalam, learned counsel for the appellant / Transport Corporation and this Court has perused and examined the impugned award as well the materials and evidence available on record before the Tribunal.
5. The deceased Jaganraj was aged 24 years and in the claim petition, claimants have pleaded that he was earning Rs.10,000/- p.m. at the time of the accident. The accident happened on 10.02.2009. The Tribunal has fixed the notional monthly income of the deceased at Rs.6,000/-. For an accident that happened in the year 2009, the assessment of the notional monthly income at Rs.6,000/- cannot be considered to be excessive as alleged by the appellant / Transport Corporation. The Tribunal has also erroneously failed to award any compensation towards loss of future prospects to the claimants. The total compensation awarded by the Tribunal to the claimants is Rs.5,81,000/-, as detailed supra. Even though a wrong multiplier has been adopted by the Tribunal for the purpose of assessing the loss of dependency but considering the fact that no loss of future prospects has been granted, this Court is of the considered view that the overall compensation of Rs.5,81,000/- fixed by the Tribunal cannot be considered to be excessive http://www.judis.nic.in 3/5 CMA No.2697 of 2016 as alleged by the appellant / Transport Corporation.
6. For the foregoings reasons, this Court does not find any merit in this appeal and the Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
7. The Appellant / Transport Corporation is directed to deposit the entire award amount awarded by the Tribunal together with interest at 7.5% p.a. from the date of claim petition till the date of realization, less the amount, if any, already deposited to the credit of MCOP No.362 of 2009 on the file of the Principal Judge Court, Motor Accident Claims Tribunal, Tindivanam, within a period of eight weeks from the date of receipt of a copy of this Judgment. On such deposit being made, the Tribunal is directed to transfer the award amount directly to the bank account of the respondents 1 and 2 / claimants through RTGS, within a period of two weeks thereafter as per the ratio of apportionment fixed by the Tribunal.
02.08.2021 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 http://www.judis.nic.in 4/5 CMA No.2697 of 2016 ABDUL QUDDHOSE, J.
vsi2 To
1. The Principal Judge, Motor Accident Claims Tribunal, Tindivanam.
2. The Section Officer, V.R. Section High Court of Madras, Chennai - 104.
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