Madras High Court
The Managing Director vs Kannattai on 17 April, 2021
C.M.A.No.3241 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
C.M.A.No.3241 of 2017 and
C.M.P.No.20154 of 2017
The Managing Director,
Tamil Nadu State Transport
Corporation, Kumbakonam. .. Appellant
Vs.
Kannattai .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
12.01.2017 made in M.C.O.P.No.690 of 2008 on the file of the Motor
Accident Claims Tribunal, Principal District Judge, Perambalur.
For Appellant : Mr.D.Venkatachalam
For Respondent : Mr.R.Rajaramani
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 12.01.2017 made in M.C.O.P.No.690 of 2008 on the file of the Motor
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C.M.A.No.3241 of 2017
Accidents Claims Tribunal, Principal District Judge, Perambalur.
2.The appellant is the respondent in M.C.O.P.No.690 of 2008 on the
file of the Motor Accidents Claims Tribunal, Principal District Judge,
Perambalur. The respondent filed the above said claim petition claiming a
sum of Rs.5,00,000/- as compensation for the death of one Raju, who died in
the accident that occurred on 27.06.2008.
3.According to respondent, on 27.06.2008 at about 11.30 P.M., while
the deceased Raja was driving his two wheeler bearing Registration No.TN
46-D-1053 from Thozhudur to Perambalur on the Trichy-Chennai NH45 road
and when he was nearing Valikandapuram, a Government bus belonging to
appellant-Transport Corporation, bearing registration TN 63-N-0996 which
came in the opposite direction was driven by its driver in a rash and negligent
manner with hectic speed without blowing horn and dashed against the said
Raja, as a result of which, he sustained fatal injuries on his head and died on
the spot. Therefore, the respondent filed the said claim petition claiming a
sum of Rs.5,00,000/- as compensation against the appellant-Transport
Corporation.
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C.M.A.No.3241 of 2017
4.The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by the driver of the bus belonging to appellant-Transport Corporation
and directed the appellant to pay a sum of Rs.9,46,000/- as compensation to
the respondent.
5.Challenging the negligence as well as quantum of compensation
awarded by the Tribunal in the award dated 12.01.2017 made in
M.C.O.P.No.690 of 2008, the appellant-Transport Corporation has come out
with the present appeal.
6. Though, this Appeal has been filed challenging the liability as well
as quantum of compensation awarded by the Tribunal, the learned counsel
appearing for the appellant submitted that he restricts his relief only with
regard to quantum. He further submitted that the deceased was a Bachelor
aged about 24 years at the time of accident and there is only one claimant,
who is the mother of the deceased and the Claims Tribunal has fixed the
monthly income of the deceased at Rs.6,000/- per month, which is on the
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C.M.A.No.3241 of 2017
higher side. He further contended that as per the decision of the Hon'ble
Supreme Court in the case of Sarla Verma & Ors Vs. Delhi Transport
Corporation & Another reported in (2009) 6 SCC 121, if the deceased is a
bachelor, the deduction towards his personal living expenses would be 50%
of his income, but the Tribunal has wrongly deducted 1/3rd towards personal
expenses. In any event, the total compensation awarded by the Tribunal at
Rs.9,46,000/- is highly excessive and prayed for setting aside the award
passed by the Tribunal.
7. The learned counsel for the respondent/claimant submitted that, in
case the deceased is a Bachelor who died in an accident leaving behind the
widowed mother, as per the law laid down by the Hon'ble Supreme Court in
the case of Sarla Verma & Ors Vs. Delhi Transport Corporation &
Another reported in (2009) 6 SCC 121, only 1/3rd can be deduced towards
the personal expenses of the deceased. Therefore, the Court below rightly
deducted 1/3rd towards personal expenses. He further submitted that the
compensation awarded towards other heads are reasonable and not on higher
side and therefore there is no merit in the appeal and the same is liable to be
dismissed.
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C.M.A.No.3241 of 2017
7.Heard the learned counsel appearing for the appellant-Transport
Corporation and perused the entire materials on record.
8.From the materials available on record, it appears that the Tribunal
fixed a sum of Rs.6,000/- per month and by applying multiplier 18 and after
deducting 1/3rd towards personal expenses of the deceased as per the law laid
down by the Hon'ble Apex Court in the case of Sarla Verma & Ors Vs.
Delhi Transport Corporation & Another reported in (2009) 6 SCC 121,
determined the loss of income of the deceased. Since the claimant lost her
lovable and affectionate son in her old age, for loss of love and affection,
Rs.50,000/- was awarded and a sum of Rs.20,000/- was awarded by the
Tribunal towards funeral expenses, Rs.10,000/- for transporting charges,
Rs.2,000/- for loss of cloths and belongings at the time of accident and the
same are reasonable. The Tribunal considering the entire materials on record,
has awarded a sum of Rs.9,46,000/- as compensation to the respondent,
which is not excessive warranting interference by this Court.
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C.M.A.No.3241 of 2017
9. In the result, this Civil Miscellaneous Appeal is dismissed and a sum
of Rs.9,46,000/- awarded by the Tribunal as compensation to the respondent,
along with interest and costs is confirmed. The appellant-Transport
Corporation is directed to deposit the award amount along with interest and
costs, less the amount if any already deposited, within a period of twelve
weeks from the date of receipt of a copy of this judgment to the credit of
M.C.O.P.No.690 of 2008 on the file of the Motor Accidents Claims Tribunal,
Principal District Judge, Perambalur. On such deposit, the Tribunal is
directed to transfer the entire amount to the respondent/claimant by way of
RTGS within a period of three weeks from the date of deposit or the receipt
of Bank details from the claimant or application for withdrawal from the
claimant, whichever is later. No costs. Consequently, connected
miscellaneous petition is closed.
17.04.2021
arr
Index : Yes / No
Internet : Yes / No
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C.M.A.No.3241 of 2017
To
1.The Principal District Judge,
Motor Accidents Claims Tribunal,
Perambalur.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3241 of 2017
KRISHNAN RAMASAMY, J.
arr
C.M.A.No.3241 of 2017
17.04.2021
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