Madras High Court
The Managing Director vs R.Devaki on 21 April, 2021
C.M.A.No.1996 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.1996 of 2020
and
C.M.P.No.14674 of 2020
(Through Video Conferencing)
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Thiruchirapalli, Periyamilaguparai,
Thiruchirapalli Taluk & Munisifi,
Thiruchirapalli District. ... Appellant
vs.
1.R.Devaki
2.U.Punitha
3.R.Pirabu
4.R.Prakash ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the Decree and Judgment passed by the
Motor Accidents Claims Tribunal, (Sessions Judge, Fast Track Mahila
Court) Nagapattinam in M.C.O.P.No.48 of 2018 dated 27.09.2019.
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https://www.mhc.tn.gov.in/judis/
Page No 1 of 8
C.M.A.No.1996 of 2020
For Appellant : Mr.L.Ramanathan for
Mr.D.Venkatachalam
For Respondents : No Appearance
JUDGMENT
The State Transport Corporation is the appellant in this appeal. It
is aggrieved by the impunged Judgment and Decree dated 27.09.2019
passed by the Motor Vehicles Accident Claims Tribunal (Sessions Judge)
Fast Track Mahila Court, Nagapattinam in M.C.O.P.No.48 of 2018.
2. By the impugned Judgment and Decree, the Tribunal has
awarded a sum of Rs.17,96,930/- together with interest at 7.5% per
annum from the date of claim petition till the date of deposit, to the
respondents/claimants.
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Page No 2 of 8
C.M.A.No.1996 of 2020
3. On 13.02.2018 at about 11.00 a.m., while the deceased was
riding aTVS Super XL motoryle bearing Reg.No.TN 51 J 5782, bus
bearing Reg.No.TN.45 N 3801 of the appellant was driven by its driver
allegedly in a rash and negligent manner and hit him, as a result of
which, he suffered grievous injury and later he died in the hospital.
Therefore, the claim petition was filed by the appellants for
compensation.
4. The Tribunal after considering the pleadings, oral and
documentary evidence, held that the accident occurred due to rash and
negligent driving by the driver of the bus and was directed the appellant /
Transport Corporation to pay a sum of Rs. 17,96,930/- as compensation
together with interest and cost from the date of the claim petition to the
appellants/claimants.
5. The break up of the amount awarded by the Tribunal are
summarised below:-
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Page No 3 of 8
C.M.A.No.1996 of 2020
For loss of income
Rs.13,700 + 10% x 12 x1/4th x 11 Rs.14,91,930/-
Loss of consortium Rs. 40,000/-
Loss of Love and affection to the Rs.2,25,000/-
appellants 1 to 4
Transportation Rs. 10,000/-
Loss of Estate Rs. 15,000/-
Funeral expenses Rs. 15,000/-
Total Rs.17,96,930/-
6. Aggrieved by the same, the appellant Transport Corporation
has filed the present Civil Miscellaneous Appeal.
7. The learned counsel for the appellant - Transport Corporation
submits that the Tribunal erred in awarding compensation by ignoring the
fact that the 2nd respondent was married and living with her husband and
the 3d and 4th respondents were employed and therefore they were not
dependents of the deceased Ramadoss.
8. Though notice has been served on the contesting respondents,
there is no representation on behalf of them.
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https://www.mhc.tn.gov.in/judis/
Page No 4 of 8
C.M.A.No.1996 of 2020
9. Heard the leaned counsel for the appellant Transport
Corporation.
10. In my view, considering the number of claimants, the Tribunal
erred in deducting only 1/4th of the income towards the personal
expenses of the deceased Ramadoss. The 2nd claimant to 4th claimants
are not the dependents as they are aged about 35, 33 and 34 years
respectively. Therefore, the deduction towards personal expenses of the
deceased ought to have been 1/3rd of the income and not 1/4th of the
income. Similarly, the loss of consortium has been awarded to the first
claimant over and above the aforesaid amount, a further, sum towards
loss of love and affection has been awarded to the claimants 2 to 4 there
is a double payment. Therefore, the compensation awarded by the
Tribunal is re-computed as follows:-
Heads Amount
Loss of dependency Rs. 13,26,160/-
(Rs.13,700 + 10% x 12 x 2/3rd x 11)
Loss of consortium Rs. 40,000/-
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Page No 5 of 8
C.M.A.No.1996 of 2020
Heads Amount
Loss of love and affection to the 2nd to 4th Rs. 1, 20,000/-
respondents
Loss of Estate Rs. 15,000/-
Transport expenses Rs. 10,000/-
Funeral expenes Rs. 15,000/-
Total Rs.15,26,160/-
Rounded off to
Rs.15,27,000/-
11. Therefore, the appellant-Transport Corporation is directed to
deposit the re-quantified amount of compensation of Rs.15,27,000/-
together with interest at 7.5% from the date of claim petition till the date
of such deposit, less any amount already deposited, within a period of six
weeks from the date of receipt of a copy of this Judgment.
12. On such deposit, the 1st to 4th respondents are permitted to
withdraw their shares together with interest thereon and proportionate
costs as directed by the Tribunal, less any amount already withdrawn, by
filing suitable applications before the Tribunal.
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Page No 6 of 8
C.M.A.No.1996 of 2020
13. Accordingly, this Civil Miscellaneous Appeal is partly allowed
with the above observations. No cost. Consequently, connected
miscellaneous petition is closed.
21.04.2021
kkd
Internet : Yes / No
Index : Yes / No
To:-
The Motor Accident Claims Tribunal,
(Sessions Judge, Fast Track Mahila Court)
Nagapattinam.
C.SARAVANAN,J.
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https://www.mhc.tn.gov.in/judis/
Page No 7 of 8
C.M.A.No.1996 of 2020
kkd
C.M.A.No.1996 of 2020
and
C.M.P.No.14674 of 2020
21.04.2021
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https://www.mhc.tn.gov.in/judis/
Page No 8 of 8
