Pappa vs The Managing Director
2021 Latest Caselaw 9448 Mad

                                                                             CMA.No.2876 of 2019

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 09.04.2021

                                                     CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                              C.M.A.No.2876 of 2019

                                           (Through Video Conferencing)

              1.Pappa
              2.Mariyammal                                                 ... Appellants

                                                        Vs.
              The Managing Director,
              Tamil Nadu State Transport Corporation Limited,
              12, Ramakrishnan Road,
              Salem – 636 007.                                            ... Respondent

                    Civil Miscellaneous Appeal filed under Section 173 of Motor
              Vehicles Act, 1988 against the judgment and decree dated 01.12.2018
              made in M.C.O.P.No.963 of 2017, on the file of the Motor Accident
              Claims Tribunal, Special District Judge Court, Salem.

                                   For Appellants   : Mr.T.S.Arthanareeswaran
                                   For Respondent   : Mr.Vasanthanayagam for
                                                      Mr.D.Venkatachalam


                                                    JUDGMENT

The claimants are the appellants in this appeal. He is aggrieved by

the compensation awarded by the Tribunal in its judgment and decree dated

https://www.mhc.tn.gov.in/judis/ CMA.No.2876 of 2019

01.12.2018 on the file of the MACTOP.No.963 of 2017 on the file of the

Motor Accidents Claim Tribunal, Special District Judge, Salem.

2. This appeal is filed for enhancement of compensation by the LRs

of late Munian who met with an accident on 26.11.2016. By the impugned

judgment and decree, the Tribunal has awarded a sum of Rs.2,30,000/- as

compensation under the following heads:

S.No. Heads of compensation Amount Awarded by the Tribunal

1. Loss of Income Rs.1,80,000/-

2. Loss of Love and Affection Rs.20,000/-

                             3.       Funeral Expenses             Rs.15,000/-
                             4.       Loss of Estate               Rs.15,000/-
                                                       Total       Rs.2,30,000/-

3. The Tribunal has fixed the notional income of the deceased as

Rs.4,500/- per month to arrive at the above compensation. The learned

counsel for the appellant submits that the deceased though aged about 70

years was earning a sum of Rs.12,000/- per month and therefore the

compensation ought to have been awarded based on the apposite income.

It is further submitted that the deceased was in good health condition at the

time of the death and he would be continued to contribute the family.

https://www.mhc.tn.gov.in/judis/ CMA.No.2876 of 2019

4. Defending the impugned judgement and decree, the learned

counsel for the Respondent / Transport Corporation submits that the

impugned judgment and decree, is well reasoned and requires no

interference.

5. Heard the learned counsel appearing for the Appellants and

perused the entire materials available on record.

6. I am of the view that the Tribunal has considered a meagre

income of Rs.4,500/- per month as notional income of the deceased while

awarding compensation. The accident is of the year 2016. Even though

the deceased was aged about 70 years it could be fair to assume that the

deceased would have earn a sum of Rs.7,500/- per month. Accordingly, the

compensation is recomputed as follows:

Monthly income = Rs.7,500/-

Contribution to the family per deduction towards personal expenses, 1/3

Contribution to the family = Rs.7,500 x 2/3 x 12 x 5 = Rs.3,00,000/-

Loss of income = Rs.3,00,000/-

Loss of consortium - Rs.40,000/- to the 1 st appellant (as per the

https://www.mhc.tn.gov.in/judis/ CMA.No.2876 of 2019

decision of the Hon'ble Supreme Court in Magma General Insurance Co.

Ltd vs Nanu Ram Alias Chuhru Ram on 18 September, 2018). Thus, the

total amount of compensation awarded by the Tribunal is enhanced from

Rs.2,30,000/- to Rs.3,70,000/-.

7. The Respondent/Transport Corporation is therefore directed to

deposit a sum of Rs.3,70,000/- together with the cost awarded by the

Tribunal, if any, and 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 within a period of eight weeks from the date of

receipt of a copy of this Judgment.

8. On such deposit, the Appellants are entitled to withdraw the

compensation in the same proportion as was ordered by the Tribunal.

9. In the result, this Civil Miscellaneous Appeal is partly allowed.

No cost.

09.04.2021 drl Index : Yes/No Internet : Yes/No

https://www.mhc.tn.gov.in/judis/ CMA.No.2876 of 2019

To:

1.The Motor Accidents Claims Tribunal, Special District Judge Court, Salem.

2.The Section Officer, VR Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ CMA.No.2876 of 2019

C.SARAVANAN, J.

drl

C.M.A.No.2876 of 2019

09.04.2021

https://www.mhc.tn.gov.in/judis/