Kuppayee vs The Managing Director
2021 Latest Caselaw 9302 Mad

Citation : 2021 Latest Caselaw 9302 Mad
Judgement Date : 8 April, 2021

Madras High Court

Kuppayee vs The Managing Director on 8 April, 2021

                                                                           C.M.A.No.1388 of 2020

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 08.04.2021

                                                     CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1388 of 2020
                 1.Kuppayee,
                   W/o.Late Venkatachalam
                 2.Bakkiyam @ Bakkiyammal,
                   W/o.Shanmugam
                 3.Rajamani,
                   D/o.Late Venkatachalam
                 4.Tamilarasi,
                   W/o.Natarajan
                 5.Palanisamy,
                   S/o.Late Venkatachalam                                  ... Appellants

                                                       Vs.
                 The Managing Director,
                 Tamilnadu State Transport Corporation Ltd.,
                 No.12, Ramakrishna Road, Salem – 636 007.                 ... Respondent

                       Civil Miscellaneous Appeal filed under Section 173 of Motor
                 Vehicles Act, 1988 against the Judgment and Decree dated 12.03.2020
                 made in M.C.O.P.No.1584 of 2017, on the file of the Motor Accidents
                 Claims Tribunal, Special District Judge, Salem.

                                   For Appellants   : Mr.T.S.Arthanareeswaran
                                   For Respondent   : Mr.D.Raghu

                                                    JUDGMENT

This civil miscellaneous appeal has been filed by the

appellants/claimants for enhancement of compensation.

_________ https://www.mhc.tn.gov.in/judis/ Page No 1 of 4 C.M.A.No.1388 of 2020

2. By the impugned Judgment and decree, the Tribunal has

awarded a sum of Rs.2,70,000/- as compensation for the death of the

deceased aged about 85 years at the time of accident.

3. The details of compensation awarded by the Tribunal is as

follows:-

Heads of Compensation Amount Awarded by the Tribunal Loss of Dependency Rs.2,00,040/-

Loss of Consortium Rs. 40,000/-

                      Loss of Estate                  Rs. 15,000/-
                      Funeral Expenses                Rs. 15,000/-
                      Total                           Rs.2,70,040/-

                      Rounded of                      Rs.2,70,000/-

4. In my view, the Tribunal has considered fair compensation

while awarding the aforesaid compensation. However, considering the

fact that the deceased was stated to be owner/running a small petty shop,

I am inclined to increase the compensation by adding another sum of

Rs.50,000/-. Accordingly, the compensation awarded by the Tribunal is

enhanced to Rs.3,20,000/-.

_________ https://www.mhc.tn.gov.in/judis/ Page No 2 of 4 C.M.A.No.1388 of 2020

5. The respondent/State Transport Corporation is therefore directed

to deposit the enhanced amount of compensation of Rs.3,20,000/-

together with interest at 7.5% per annum from the date of numbering of

the claim petition till the date of such deposit, less any amount already

deposited by it, within a period of six weeks from the date of receipt of a

copy of this Judgment.

6. On such deposit being made by the respondent/State Transport

Corporation, the appellants/claimants are permitted to withdraw the same

together with interest accrued thereon, less the amount already

withdrawn if any, by filing suitable application before the Tribunal.

7. This Civil Miscellaneous Appeal stands partly allowed with the