Madras High Court
The Managing Director vs E. Meenakshmi on 9 April, 2021
C.M.A. No.1628 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A. No.1628 of 2015
and
MP No.1 of 2015
The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram Division – III) Ltd.,
Kancheepuram – 631 501. .... Appellant
versus
1. E. Meenakshmi
2. E. Vijaya (minor)
3. E. Chockalingam (minor)
4. K.Mani
5. V. Papathi …. Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and decree passed by the Motor
Accident Claims Tribunal, Chennai (Court of II Small Causes, Chennai) in
MCOP No.5281 of 2004, dated 13.11.2014.
1/8
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C.M.A. No.1628 of 2015
For Appellant : Mr.C.S.K.Sathish
For Respondents : Not ready in notice
JUDGMENT
This appeal has been filed challenging the award dated 13.11.2014
passed by the Motor Accident Claims Tribunal, (Court of II Small Causes),
Chennai) in MCOP No.5281 of 2004, dated 13.11.2014.
2. On 19.06.2004, a person by name V.Elumalai, was walking on
the left side of the G.S.T. Road from Vandalur Railway gate towards bus
stop as a pedestrian and due to the rash and negligent driving by the Driver
of the Bus, which was owned by the appellant / Transport Corporation, he
succumbed to his accidental injuries which resulted in the death.
3. The claimants are the legal representatives and the dependants of
the deceased and they are his wife, two minor children and his parents.
They preferred a claim before the Motor Accident Claims Tribunal, (Court
of II Small Causes), Chennai against the appellant / Transport Corporation
seeking a compensation of Rs.10,00,000/-.
4. The Motor Accidents Claims Tribunal, (Court of II Small Causes),
Chennai by its award dated 13.11.2014 passed in M.C.O.P. No.5281 of
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C.M.A. No.1628 of 2015
2004, directed the Appellant / Transport Corporation to pay the claimants a
sum of Rs.9,45,000/- together with interest at 7.5% per annum from the
date of numbering of the petition i.e. 21.12.2004 till the date of deposit.
5. Out of the total compensation, the Tribunal determined the amount
payable to the first respondent / first claimant being the Wife of the
deceased at Rs.3,95,000/-, the second and third respondents / claimants
being the minor Daughter and Son of the deceased respectively at
Rs.2,50,000/- each and the fifth respondent / claimant being the mother of
the deceased at Rs.50,000/-.
6. In the claim petition, the respondents /claimants who are the
dependants of the deceased Elumalai had claimed that the deceased was
earning a sum of Rs.6000/- as a Welder. However, the Tribunal has fixed
the monthly notional income of the deceased at Rs.5,000/-.
7. Aggrieved by the award dated 13.11.2014 passed by the Motor
Accidents Claims Tribunal, (Court of II Small Causes), Chennai in
M.C.O.P. No.5281 of 2004, this appeal has been filed by the Appellant /
Transport Corporation.
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C.M.A. No.1628 of 2015
8. The Appellant / Transport Corporation has filed the appeal
questioning the quantum of compensation awarded by the Tribunal under
the impugned award. According to them, the compensation fixed by the
Tribunal is excessive.
9. The details of the compensation awarded by the Tribunal under the
impugned award are as follows :
Heads Amount awarded
by the Tribunal
(Rs.)
Pecuniary loss 720000
(Rs.5,000 - ¼ =
Rs.3750 x 12 x 16 )
Loss of consortium 75000
Funeral of Expenses 25000
Love and affection 125000
(Rs.50,000/- each to
respondents 2 and 3 and
Rs.25,000/- to the 5th
respondent)
Total 945000
10. Before the Tribunal, the respondents / claimants have filed four
documents, which were marked as Exs.P1 to P4 and two witnesses were
examined on their side viz., the wife of the deceased E. Meenakshi as PW1
and an eye witness to the accident viz., K.Bharathidasan as PW2. On the
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C.M.A. No.1628 of 2015
side of the Appellant / Transport Corporation viz., one witness was
examined viz., S.Gopal, the Conductor of the Bus as RW1, but no exhibits
were marked.
11. Heard Mr.C.S.K.Sathish, learned counsel for the appellant /
Transport Corporation. Since, this Court is going to confirm the award of
the Tribunal, service of notice to the respondents 1 to 5, who are the
claimants are not necessary.
12. This Court has perused and examined the impugned award.
13. After giving due consideration to the year of the accident i.e. in
the year 2004 and the avocation of the deceased, this Court is of the
considered view that fixation of Rs.5,000/- as monthly income of the
deceased by the Tribunal cannot be considered to be excessive. The
Tribunal has also rightly applied the correct multiplier of 16 after giving due
consideration to the age of 33 years. The Tribunal has also rightly deducted
¼ towards personal expenses of the deceased and thus, the calculation of
pecuniary loss at Rs.7,20,000/- by the Tribunal is correct.
14. The amount awarded by the Tribunal under various other heads
viz., Rs.75,000/- towards loss of consortium to the 1st respondent / 1st
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C.M.A. No.1628 of 2015
claimant, who is the wife of the deceased; Rs.25,000/- towards funeral
expenses 50,000/- and Rs.1,25,000/- towards Loss of love and affection to
2nd, 3rd and 5th respondents ( Rs.50,000/- each to 2nd and 3rd
respondents, who are the minor children of the deceased and Rs.25,000/- to
the 5th respondent, who is the mother of the deceased) which in the
considered view of this Court are reasonable and a just compensation and
cannot be considered to be excessive as alleged by the appellant / Transport
Corporation.
15. For the foregoing reasons, this Court does not find any merit in
this appeal and accordingly, the Civil Miscellaneous Appeal shall stand
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
16. 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 numbering of the petition i.e. 21.12.2004 till the date
of deposit, less the amount, if any, already deposited to the credit of
M.C.O.P. No.5281 of 2004 on the file of the Motor Accidents Claims
Tribunal, (Court of II Small Causes), Chennai, within a period of four
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C.M.A. No.1628 of 2015
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 5 / major claimants, as per the
same ratio of apportionment made by the Tribunal through RTGS, within a
period of two weeks thereafter. It is made clear that the 2nd and 3rd
respondents, who have now attained the age of majority shall file a formal
petition before the Tribunal to get their share of apportionment.
09.04.2021
Index : Yes / No
Internet : Yes / No
Speaking / Non speaking
vsi2
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C.M.A. No.1628 of 2015
ABDUL QUDDHOSE, J.
vsi2
To :
1. The Motor Accident Claims Tribunal,
(Court of II Small Causes),
Chennai .
2. The Section Officer,
V.R. section,
High Court, Madras - 104.
C.M.A. No.1628 of 2015
09.04.2021
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