Madras High Court
The Managing Director vs Valli on 4 August, 2021
C.M.A.No.1804 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.No.1804 of 2017
The Managing Director,
Tamil Nadu State Transport Corporation,
Villupuram Limited,
No.3/137, Salamedu,
Vazhudhareddy Post,
Villupuram. ... Appellant
Vs.
1. Valli
2. Minor Deepthi
3. Minor Divya
4. Minor Manikandan
5. Minor Kumaran
6. Kamala ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated 24.11.2016
made in M.C.O.P.No.188 of 2014 on the file of the Motor Accidents Claims
Tribunal, The Special Sub Court (MCOP), Tiruvannamalai.
For Appellant : Mr.K.J.Sivakumar
For Respondents : Mr.B.Jawahar
1/7
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C.M.A.No.1804 of 2017
JUDGMENT
The matter is heard through "Video Conferencing".
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 24.11.2016 made in M.C.O.P.No.188 of 2014 on the file of the Motor
Accidents Claims Tribunal, The Special Sub Court, (MCOP), Tiruvannamalai.
2. The appellant is the respondent in M.C.O.P.No.188 of 2014 on the
file of the Motor Accidents Claims Tribunal, The Special Sub Court, (MCOP),
Tiruvannamalai. The respondents filed the above said claim petition claiming a
sum of Rs.10,00,000/- as compensation for the death of one Velu, who died in
the accident that took place on 17.10.2013.
3. The Tribunal considering the pleadings, oral and documentary
evidence, came to the conclusion that both the deceased and driver of the bus
belonging to the respondent-Transport Corporation, contributed negligence and
fixed 30% on the part of the deceased and 70% on the part of the driver of the
bus and directed the respondent to pay Rs.12,32,000/- (70% on Rs.17,60,000/-
award amount) as compensation to the claimants.
4. The appellant has come out with the present appeal, challenging the
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C.M.A.No.1804 of 2017
portion of the award fixing 70% negligence on part of the Transport
Corporation and the quantum.
5. Though the appellant has raised grounds with regard to negligence, at
the time of arguments, the learned counsel for the appellant restricted his
arguments with regard to quantum alone.
6. The learned counsel appearing for the appellant contended that the the
amounts awarded by the Tribunal towards consortium and other heads are
highly excessive and prayed for setting aside the award of the Tribunal.
7. The learned counsel for the respondents submitted that the amounts
awarded by the Tribunal under different heads are not excessive and prayed for
dismissal of the appeal.
8. Heard the learned counsel appearing for the appellant-Transport
Corporation and the learned counsel for the respondents and perused the entire
materials on record.
9. It is the case of the respondents in the claim petition that the deceased
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C.M.A.No.1804 of 2017
was an Electrician aged 37 years and was earning a sum of Rs.6,000/- per
month at the time of accident. They did not file any document to prove the
same. In the absence of any material evidence to prove the avocation and
income of the deceased, the Tribunal considering the age, year of accident and
nature of work done by the deceased, fixed a sum of Rs.9,000/- per month as
notional income of the deceased, which is not excessive. As per Ex.P2/post
mortem certificate, the deceased was aged 37 years at the time of accident. The
Tribunal, following the judgments of the Hon'ble Apex Court reported in 2017
(2) TN MAC 609 (SC) [National Insurance Co. Ltd. v. Pranay Sethi and
others] and 2009 (2) TN MAC 1 SC [Sarla Verma & Others vs. Delhi
Transport Corporation & another] rightly granted 50% enhancement towards
future prospects and applied multiplier '15'. There are five dependants of the
deceased and the Tribunal has rightly deducted 1/4th from the income of the
deceased towards his personal expenses. The Tribunal considering the entire
materials on record, has awarded 70% of the compensation i.e.,
Rs.12,15,000/- out of Rs.17,60,000/- as compensation to the respondents,
which is not excessive warranting interference by this Court. It is seen that
prior to the death of the deceased he was admitted in Hospital for four days
i.e., from 17.10.2013 to 20.10.2013 and definitely he would have suffered pain.
However, the Tribunal has not awarded any amount towards transportation,
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C.M.A.No.1804 of 2017
pain and suffering, attender charges and loss of estate. In view of the failure on
the part of the Tribunal for not awarding any amount towards transportation,
pain and sufferings, attender charges and loss of estate following the judgment
reported in 2017 (2) TN MAC 609 (SC) [National Insurance Co. Ltd. vs.
Pranay Sethi and others], restricting the amount awarded towards “Loss of
Consortium” as Rs.40,000/-, the excessive amount of Rs.60,000/- awarded
under the said head is adjusted towards the aforesaid four heads at Rs.15,000/-
each. Thus, the compensation awarded by the Tribunal is modified as follows:
S. Description Amount awarded Amount Award confirmed
No by Tribunal awarded by this or enhanced or
(Rs) Court granted
(Rs)
1 Loss of income 12,15,000/- 12,15,000/- Confirmed
st
2 Loss of consortium to the 1 1,00,000/- 40,000/- Reduced
petitioner
3 Loss of love and affection of the 4,00,000/- 4,00,000/- Confirmed
petitioners 2 to 5 at the rate of
Rs.1,00,000/- each
4 Loss of love and affection of the 20,000/- 20,000/- Confirmed
6th petitioner
5 Funeral expenses 25,000/- 25,000/- Confirmed
6 Pain and sufferings - 15,000/- Granted
7 Loss of estate - 15,000/- Granted
8 Transportation - 15,000/- Granted
9 Attender charges - 15,000/- Granted
Total 17,60,000/- 17,60,000/- Confirmed
10. In the result, this Civil Miscellaneous Appeal is disposed of with the
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C.M.A.No.1804 of 2017
above modification. The appellant-Transport Corporation is directed to deposit
70% of the award amount, i.e., Rs.12,32,000/- 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.188
of 2014 on the file of the Motor Accidents Claims Tribunal, Special Sub Court,
Tiruvannamalai. On such deposit, the major claimants are permitted to
withdraw their respective shares in the award amount along with interest and
costs, after adjusting the amount, if any already withdrawn, by filing necessary
applications before the Tribunal. As far as the share of the minor claimants are
concerned, the direction of the Tribunal remains intact. No costs.
04.08.2021
dpq
Index : Yes / No
Internet : Yes / No
Speaking/Non speaking order
To
1. The Motor Accidents Claims Tribunal,
The Special Sub Court (MCOP),
Tiruvannamalai.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1804 of 2017
S. VAIDYANATHAN, J.
dpq
C.M.A.No.1804 of 2017
04.08.2021
https://www.mhc.tn.gov.in/judis/
