C.M.A.No.1556 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2022
CORAM:
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.1556 of 2013
1.Anushya
2.Vasudevan ... Appellant
vs.
1.The Managing Director,
Tamilnadu State Express Transport Corporation Ltd.,
Chennai.
2.Palaniyandi Mudhaliyar
3.The Divisional Manager,
United India Insurance Co. Limited,
No.46, Katpadi Salai,
Vellore. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree dated 31.01.2007 and
made in M.A.C.T.O.P.No.649 of 2004 on the the file of the Motor Accident
Claims Tribunal, District Court, Tiruvannamalai.
For Appellant : Mr.F.Terry Chellaraja
For Respondents : Mr.K.Kathiresan [R1]
R2 - Died
Mr.P.Sankaranarayanan [R3]
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C.M.A.No.1556 of 2013
JUDGMENT
The claimants are the parents of one Devarajan, who had died consequent to a road accident that took place on 18.03.2000. The said Devarajan was aged about 16 years at the time of his death. He was working as a loadman in the second respondent's tractor trailer, which is insured with the third respondent-Insurance Company. He was earning a monthly income of Rs.5,000/-. The said Devarajan had sustained grievous head injuries and he had been an inpatient for over 3 months and even thereafter, though he was discharged, he had to go back frequently for his check up and ultimately, he succumbed to his injuries on 21.11.2001. The death was directly relatable to the injuries sustained by him.
2. The first respondent-Transport Corporation had filed a counter denying the accident and negligence on their part and stated that the accident had occurred only on account of the rash and negligent driving of the driver of the tractor.
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3. The second owner of the tractor trailer had filed a counter stating that the vehicle was insured with the third respondent and that the accident had occurred not on account of any negligence on the part of his driver but on the part of the driver of the first respondent's bus.
4. The third respondent-Insurance Company had also filed a counter more or less on the same lines as that of the second respondent.
5. Ultimately, the Tribunal by its Award dated 31.01.2007 had fastened the liability entirely on the first respondent and ultimately, awarded a compensation of a sum of Rs.2,25,000/- by adopting a notional income of Rs.15,000/- to which, a multiplier of 15 as per the second schedule to the Motor Vehicles Act had been calculated.
6. The parents are aggrieved by this inadequate compensation that has been granted by the Tribunal.
7. Heard the learned counsel on either side and perused the materials available on record.
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8. The second respondent has admitted that the deceased Devarajan was employed as a loadman in his tractor trailer. Though he was aged about 16 years, the deceased was employed and earning a monthly income. Although the proof of income has not been produced a notional income of Rs.3,000/- can be safely adopted taking into account the year of the accident, i.e. 2000, to this future prospects of 40% has to be added. Therefore, the monthly income would work out to a sum of Rs.4,200/-, out of this, 50% has to be deducted towards personal expenses and therefore, the contribution to the family would be a sum of Rs.2,100/- per month. Considering the age of the deceased, the appropriate multiplier to be adopted is 18. Therefore, under the head of loss of dependency, the amount would be a sum of Rs.4,53,600/- [Rs.2,100 x 12 x 18). Since the petitioners are the parents of the deceased, they are entitled to compensation under the head of loss of love and affection at Rs.40,000/- each and further, the conventional expenses of Rs.15,000/- under the heads of funeral expenses and loss of estate has to be granted. Therefore, the award is enhanced by a sum of Rs.3,38,000/-. Therefore, the Compensation awarded by the Tribunal is reworked as below:
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C.M.A.No.1556 of 2013
S.No. Description Amount Amount awarded by Award
awarded by this Court confirmed
the Tribunal or
enhanced
or granted
or reduced
1 Loss of Rs.2,25,000 Rs.4,53,600 Enhanced
Dependency (Rs.15,000x15) (Rs.2,100x12 x 18) 2 Loss of Love - Rs.80,000/- Granted and Affection payable to the parents (Rs.40,000/-
each)
4 Funeral - Rs.15,000/- Granted
Expenses
5 Loss of - Rs.15,000/- Granted
Estate
TOTAL Rs.2,25,000/- Rs.5,63,300/- Enhanced
9. In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation of Rs.2,25,000/- awarded by the Tribunal is hereby enhanced to a sum of Rs.5,63,300/-. Therefore, the first respondent herein / Transport Corporation is directed to deposit the enhanced amount of Rs.5,63,300/- to the credit of M.C.O.P.No.649 of 2004 on the file of the Motor Accident Claims Tribunal, Tiruvannamalai together with interest @ 7.5% per annum from the date of claim petition till the date of deposit and 5/8 https://www.mhc.tn.gov.in/judis C.M.A.No.1556 of 2013 costs, less, the amount, if any already deposited, within a period of six weeks from the date of receipt of a copy of this Judgement. The said amount shall be apportioned amongst the claimants as per the Award of the Tribunal. The appeal was filed with a delay of 1566 days and the same was allowed by this Court on 08.04.2013 in M.P.No.1 of 2011 on condition that the claimants would not be entitled to interest for the said period. On such deposit being made, the claimants are permitted to withdraw the enhanced award amount along with proportionate interest except for the delayed period of 1566 days and costs, after adjusting the amount, if any already withdrawn, by filing necessary application before the Tribunal. The claimants are directed to pay the Court fee for the enhanced compensation amount, if required. The Tribunal below shall not disburse the enhanced amount till such time as the certified copy showing proof of payment of Court fee has been produced by the claimants. In other respects, the Award of the Tribunal is hereby confirmed. No costs.
08.09.2022
Index : Yes / No
Speaking Order : Yes / No
srn
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C.M.A.No.1556 of 2013
To
1. The Motor Accident Claims Tribunal, District Court, Tiruvannamalai.
2. The Section Officer, V.R.Section, High Court of Madras, Chennai.
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