Madras High Court
The Managing Director vs K.Guanasundari(Died) on 20 April, 2021
C.M.A.(MD).No.593 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
C.M.A.(MD).No.593 of 2009
and
M.P.(MD).No.2 of 2009
The Managing Director,
Tamil Nadu State Transport Corporation,
Kumbakonam. ... Appellant
Vs.
1.K.Guanasundari(died)
2.Parimala
3.Rajalakshmi
4.Geetha
5.Usha Rani
6.Backialakshmi
7.Raguraman
R2 to R7 are brought on record as LRs. of the deceased
sole respondent vide order dated 14.03.2014 made in
M.P.(MD).Nos.1 to 3 of 2013.
... Respondents
Prayer:- Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, challenging the award and decree dated 31.01.2006 made
in M.C.O.P.No.133 of 2005 on the file of Motor Accident Claims Tribunal cum
Additional Chief Judicial Magistrate Court at Kumbaknonam.
https://www.mhc.tn.gov.in/judis/
1/7
C.M.A.(MD).No.593 of 2009
For Appellant : Mr.M.S.Raajesshver
For R2 to R7 : Mr.I.Suthakaran
JUDGMENT
This appeal is directed against the award of the Motor Accident Claims
Tribunal cum Additional Chief Judicial Magistrate, Kumbaknonam passed in
M.C.O.P.No.133 of 2005.
2. The brief facts of the case are that the parents of the deceased
Singaravelan filed M.C.O.P.No.133 of 2005, claiming compensation of
Rs.25,00,000/-. It is their case that their deceased son Singaravelan was riding a
Motorcycle bearing Registration No.TN 49 V 7697, on 18.05.2002, at 9.00 p.m.
When he was near Vivekananda Nagar at Kumbakonam, a bus bearing
Registration No.TN 49 N 0888 owned by the appellant herein was driven by its
driver in a rash and negligent manner and dashed against the motorcycle. In the
impact, the deceased was thrown away and he sustained multiple grievous
injuries all over the body and died instantaneously. The claimants further stated
that the deceased is a trade certificate holder and he was working in Oman and
was earning Rs.50,000/- per month. That apart, he was managing and
maintaining medical shop and the marriage hall which were run under the name
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C.M.A.(MD).No.593 of 2009
and style of RKG Medical and RKG Kalyana Mahal and thereby earning not
less then Rs.15,000/- per month. Since he died due to the negligence of the
driver of the bus, at the age of 29 years, they are entitled for the compensation
of Rs.25,00,000/-.
3. A counter affidavit has been filed by the appellant before the Tribunal
stating that on 18.05.2002, though the bus was observing the traffic rules, the
deceased came in a high speed and dashed against the bus and thereby invited
the accident. Therefore, the driver of the bus cannot held responsible. The age,
monthly income and the avocation of the deceased were also disputed and
denied.
4. Pending trial, the first claimant R.Kalyanadhas passed away on
25.11.2005 and the claim petition was pursued by the mother of the deceased
K.Ganasundari. She gave evidence as P.W.1 and her another son Reguraman
was examined as P.W.2. He deposed that he witnessed the accident that it
occurred due to the negligence of the driver of the bus. In support of his
evidence, Ex.P4 / First Information Report, Ex.P6 / Report of the Motor
Vehicle Inspector were marked. Ex.P4 shows that a criminal case was
registered against the driver of the bus, based on the complaint of P.W.2. The
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C.M.A.(MD).No.593 of 2009
Tribunal found that the driver of the bus, who was examined as R.W.1, did not
prefer a complaint with regard to the incident to the police and no materials
produced to show that he preferred a complaint and discarded the evidence of
R.W.1 and held that the accident occurred due to the negligent driving of the
driver of the bus.
5. P.Ws.1 and 2 have stated that the deceased died at the age of 29 and he
was earning Rs.15,000/- through his business. In the claim petition, they have
stated that the deceased employed in Oman and he was paid Rs.50,000/- per
month. The Tribunal, after examining Exs.P2 and P3 / Passports issued in
favour of the deceased, found that the deceased was in Oman prior to 2000 and
the claimants did not produce any evidence to show that he was earning in
abroad. Likewise, there is no evidence to show that he was earning Rs.15,000/-
by running the medical shop and the Kalyana Mahal. The Tribunal held that the
deceased was born on 01.03.1967 and he died at the age of 35 years based on
Exs.P2 and P3 and fixed the notional income at Rs.3,000/- per month. After
deducting 1/3rd towards his personal and living expenses, his annual
contribution to the family was taken as Rs.24,000/-. By following the Schedule
- II of the Motor Vehicles Act, the Tribunal applied '17' multiplier.
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C.M.A.(MD).No.593 of 2009
6. In the case of Smt.Sarla Verma and others vs. Delhi Transport
Corporation and another reported in 2009 (2) TN MAC 1 (SC), the Hon'ble
Apex Court has issued the guidelines for adopting multiplier. As per the
decision of the Hon'ble Apex Court, proper multiplier would be '16'. So, the
loss of income is reassessed at Rs.3,84,000/- (Rs.24,000/- x 16). Rs.20,000/-
was awarded for loss of love and affection and mental agony and another
Rs.12,000/- was awarded for funeral expenses. The amount awarded under the
other heads have been confirmed and the total amount would come to
Rs.4,16,000/-.
7. The learned counsel appearing for the respondents would submit that
the claimants are entitled for future prospects. In the matter on hand, it is seen
that pending claim petition, father died and pending this appeal, mother passed
away and the sisters and brothers of the deceased have been impleaded as
respondents. It is an admitted fact that the deceased died as a bachelor, but, the
Tribunal has deducted 1/3rd instead of 50% for the personal expenses of the
deceased. In the light of the above fact, I am of the opinion that the award
amount of Rs.4,16,000/- would be reasonable and fair compensation.
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C.M.A.(MD).No.593 of 2009
8. In fine, the appeal is allowed in part. The award amount of
Rs.4,30,000/- is modified to Rs.4,16,000/- (Rupees Four Lakhs and Sixteen
Thousand only). The claimants are entitled to the modified compensation along
with interest at 7.5% per annum. No costs. Consequently, the connected
Miscellaneous Petition is closed.
20.04.2021
Index: Yes/No
Internet: Yes/No
akv
To
The Motor Accident Claims Tribunal cum
Additional Chief Judicial Magistrate Court,
Kumbaknonam.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).No.593 of 2009
K.KALYANASUNDARAM,J.
akv
C.M.A.(MD).No.593 of 2009
20.04.2021
https://www.mhc.tn.gov.in/judis/
