Madras High Court
A.Sarasu vs The Managing Director on 17 April, 2021
C.M.A. No.1258 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.04.2021
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A. No.1258 of 2021
1. A.Sarasu
2. Minor A.Nishanthini
3. Minor A.Chandru
4. Minor A.Deena .. Appellants
[Minor appellants are represented by their mother
and guardian, the first petitioner herein ]
Versus
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
3/137, Salamedu,Vazhuthareddy, Villupuram. .. Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 24.10.2019 made in
MCOP.No.3975 of 2016 on the file of the Motor Accident Claims Tribunal /
Special Sub Judge, Cuddalore.
For appellant : Mrs.Ramya V. Rao
For respondents : Mr.K.J.Sivakumar
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C.M.A. No.1258 of 2021
JUDGMENT
(The Judgment of the Court was delivered by R.SUBBIAH, J)
The appeal is heard through video conferencing.
2. Not being satisfied with the quantum of compensation awarded by the
Motor Accident Claims Tribunal / Special Sub Judge, Cuddalore, in
MCOP.No.3975 of 2016, dated 24.10.2019, this appeal has been filed by the
claimants for enhancement of the compensation amount.
3. The claimants are the wife and 3 minor children of the deceased
Ayyanar. It is the case of the claimants before the Tribunal that on 24.08.2016
at about 2.00 am, while the deceased was standing on the extreme left side of
the ECR Road, near Annumandhai Toll Gate, a Bus bearing Registration
No.TN 32 N 3703, belonging to the respondent Corporation, came in a rash
and negligent manner and hit the deceased and as a result of which, the
deceased had sustained grievous injuries and died on the spot.
4. It is the further case of the claimants that the deceased was working as
bore well rig operator and earning a sum of Rs.23,000/- per month. The
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C.M.A. No.1258 of 2021
deceased was the sole breadwinner of the family and due to his sudden demise,
the claimants are suffering for their livelihood. Hence, they filed a claim
petition claiming a sum of Rs.25,00,000/- as compensation.
5. The claim petition was resisted by the Transport Corporation by filing
a counter denying the manner of accident as projected by the claimants in the
claim petition. They also denied the avocation and income mentioned in the
claim petition. Thus, they sought for dismissal of the claim petition.
6. In order to prove the claim on the side of the claimants, the first
claimant/wife of the deceased examined herself as PW1, besides examining
PW2, an eye witness to the accident and Exs.P1 to P4 were marked. On the
side of the Transport Corporation, neither any oral evidence was adduced nor
document was marked.
7. The Tribunal after analysing the entire evidence came to the
conclusion that the accident had occurred due to the rash and negligent driving
of the driver of the respondent-Corporation and passed an award for a sum of
Rs.13,30,000/- as compensation. The break-up details of the amount awarded
by the Tribunal under various heads are as follows:
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C.M.A. No.1258 of 2021
S. Compensation awarded by the Tribunal Amount in
No. under the heads Rs.
1 Loss of Dependency 12,60,000
2 Loss of Estate 15,000
3 Loss of Consortium 40,000
4 Funeral Expenses 15,000
Total 13,30,000
8. Now, it is the contention of the learned counsel for the appellants /
claimants that the deceased was earning a sum of Rs.23,000/- by working as a
bore well rig operator, whereas the Tribunal had taken only a sum of
Rs.8,000/- as monthly income of the deceased. Thereafter, by applying
multiplier method, the Tribunal arrived at a sum of Rs.12,60,000/- [(8,000 +
2000) x 12 x 14 x ¾] under the head “Loss of dependency”, which is
extremely on the lower side. Hence, by fixing at least a sum of Rs.20,000/- as
monthly income of the deceased, the amount awarded by the Tribunal under
the head “Loss of dependency” may be enhanced.
9. It is the further contention of the learned counsel for the appellants /
claimants that the Tribunal failed to award any amount under the head "Loss of
Love and Affection". The deceased left behind three minor children at their
tender age, while so, a sum of Rs.40,000/- may be awarded to each of the
children under such head.
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C.M.A. No.1258 of 2021
10. Countering the said submissions, the learned counsel for the
respondent/Transport Corporation submitted that though the claimants have
stated that the deceased was earning a sum of Rs.23,000/- per month,
absolutely no documentary evidence was produced before the Tribunal to
substantiate the same. In the absence of any documentary evidence, the
Tribunal has rightly fixed the notional income of the deceased at Rs.8,000/-
per month. Hence, there is no need to enhance the compensation amount.
Thus, he sought for dismissal of this appeal.
11. Keeping in mind the above submissions made on either side, we
have carefully perused the materials available on record.
12. We find that as contended by the learned counsel for the
respondent/Transport Corporation, no documentary evidence was produced by
the claimants, such as salary slip, salary certificate or bank statements to prove
that the deceased was earning a sum of Rs.23,000/- per month. Hence, we are
not inclined to fix a sum of Rs.20,000/- as monthly income of the deceased.
However, we find that considering the cost of living prevalent at the time of
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C.M.A. No.1258 of 2021
the accident, i.e., in year 2016, the sum of Rs.8,000/- fixed as notional income
of the deceased is extremely on the lower side, which resulted in awarding an
inadequate compensation. Hence, by fixing a sum of Rs.15,000/- per month as
notional income of the deceased, calculation could be made to arrive at a just
and proper compensation.
13. Thus, if a sum of Rs.15,000/- is taken as monthly income of the
deceased and 25% of the same is added towards future prospects, it works out
to Rs.18,750/- [15,000 + 3,750]. Since the dependents are 4 in number, if 1/4
of the amount is deducted towards personal expenses, the amount comes to
Rs.14,063/- [18,750 – 4,687]. Considering the age of the deceased being
45 years at the time of the accident, if multiplier “14” is applied, the "Loss of
Dependency" comes to Rs.23,62,584/- [14,063 x 14 x 12]. Hence, a sum of
Rs.12,60,000/- awarded by the Tribunal under the head "Loss of Dependency"
is enhanced to a sum of Rs.23,62,584/-
14. Further, we find that the Tribunal has not awarded any amount under
the head "Loss of Love and Affection" to the minor children of the deceased /
claimants 2 to 4 and hence, a sum of Rs.1,20,000/- is awarded under such head
by awarding a sum of Rs.40,000/- to each of the minor claimant.
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C.M.A. No.1258 of 2021
15. The amounts awarded by the Tribunal under all the other heads are
just and proper and hence the same are confirmed.
16. The total compensation is re-determined as below:
S. Heads under which the Amounts awarded by Amounts awarded
No. compensation is awarded the Tribunal by this Court
1 Loss of Dependency 12,60,000 23,62,584
2 Loss of Estate 15,000 15,000
3 Loss of Consortium 40,000 40,000
4 Funeral Expenses 15,000 15,000
5 Loss of Love and Affection - 1,20,000
Total 13,30,000 25,52,584
rounded of to
25,52,600
17. Thus, the total sum of Rs.13,30,000/- awarded by the Tribunal
towards compensation is hereby enhanced to Rs.25,52,600/-, which shall carry
interest at 7.5% from the date of claim petition till the date of payment. The
claimants shall pay necessary Court fee, on the enhanced compensation. The
respondent / Transport Corporation is directed to deposit the total
compensation now awarded by this Court, before the Tribunal together with
interest and costs if any, after adjusting the amount, if any already deposited,
within a period of four weeks from the date of receipt of a copy of this
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C.M.A. No.1258 of 2021
judgment. On such deposit, the first claimant is permitted to withdraw her
entire share. Insofar as the minor claimants 2 to 4 are concerned, their shares
shall be deposited by the Tribunal in any Fixed Deposit Scheme in any one of
the Nationalised Bank and it shall be renewed periodically till they attain
majority and the interest accrued thereon shall be withdrawn by the first
claimant/mother once in three months. The apportionment of shares fixed by
the Tribunal to the claimants is hereby confirmed.
18. With the above observations and directions, the Civil Miscellaneous
Appeal is partly allowed. No costs.
[R.P.S., J] [S.K., J]
17.04.2021
Speaking Order : Yes / No
Index : Yes / No
pvs
To
1. The Motor Accident Claims Tribunal /
Special Sub Judge, Cuddalore.
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.1258 of 2021
R.SUBBIAH, J.
and
S.KANNAMMAL, J.
pvs
C.M.A. No.1258 of 2021
17.04.2021
https://www.mhc.tn.gov.in/judis/
