Madras High Court
M.Latha vs The Managing Director on 5 August, 2021
C.M.A.No.2106 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No.2106 of 2021
1. M.Latha
2. S.M.Pavithra (Minor)
3. S.M.Vignesh (Minor)
(Minors 2 and 3 rep by their
mother and natural guardian M.Latha) ... Appellants
vs.
The Managing Director,
State Express Transport Corporation,
Pallavan Salai,
Chennai 600 002 ... Respondent
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 26.06.2020 made
in M.C.O.P.No.2287 of 2016 on the file of the Motor Accidents Claims
Tribunal/ II Judge, Court of Small Causes, Chennai.
For Appellants : Ms.Ramya V.Rao
For Respondent : Mr.K.Moorthy
JUDGMENT
This Civil Miscellaneous Appeal has been filed seeking enhancement
of compensation granted by the Tribunal in the award dated 26.06.2020
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C.M.A.No.2106 of 2021
made in M.C.O.P.No.2287 of 2016 on the file of the Motor Accident Claims
Tribunal/II Judge, Small Causes Court, Chennai.
2. The appellants are the claimants in M.C.O.P.No.2287 of 2016 on
the file of the Motor Accident Claims Tribunal, II Small Causes Court,
Chennai..
3. The case of the appellants is that on 10.06.2013 about 23.00 hrs.,
the first petitioner's husband was a pedestrian, crossing the road at
Koyambedu PH road. At that time SETC bus bearing Reg.No.TN-01-N-
5953 came from Koyambedu to Maduravoyal direction driven by its driver
in a rash and negligent manner endangering public safety and hit against the
deceased. Due to that the deceased sustained multiple grievous injury all
over the body. He was admitted in the hospital and thereafter died on
07.04.2014. Hence, the appellants/claimants had filed the above said claim
petition, claiming a sum of Rs.40,00,000/- as compensation for the death of
the deceased S.Mohan due to the accident, which occurred on 10.06.2013.
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C.M.A.No.2106 of 2021
4. The Tribunal considering the pleadings, oral and documentary
evidence held that the accident had occurred only due to the rash and
negligent driving by the driver of the bus belonging to the respondent and
allowed the case in part and directed the respondent/Transport Corporation
to pay a sum of Rs.26,05,000/- as compensation to the appellants/claimants.
The details of the compensation awarded by the Tribunal under the
impugned Award, are as follows :
Amount awarded by
Heads
the Tribunal (Rs.)
Loss of Dependency 21,00,000/-
Loss of Consortium 40,000/-
Loss of Love and Affection 2,00,000/-
Parental Consortium 2,00,000/-
Medical Expenses 50,000/-
Funeral Expenses 15,000/-
Total 26,05,000/-
5. Not being satisfied with the award dated 26.06.2020 made in
M.C.O.P.No.2287 of 2016, the appellants/claimants have come out with the
present appeal seeking enhancement of compensation.
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C.M.A.No.2106 of 2021
6. The learned counsel for the appellants contended that the Tribunal
ought to have fixed the notional income as Rs.20,000/- since the deceased
has left behind 2 minor children and the family is in Chennai. Further, the
Tribunal has not granted any amount towards pain and sufferings, as the
deceased had been under continuous treatment till his death. He further
submitted that the amounts awarded by the Tribunal under different heads
are meager and prayed for enhancement of compensation.
7. Per contra, the learned counsel appearing for the
respondent/Transport Corporation contended that the amount awarded by
the Tribunal under various heads are excessive and hence the appellants are
not entitled for any enhancement and prayed for dismissal of the appeal.
8. Heard the learned counsel appearing for the appellants as well as
the respondent/Transport Corporation and also perused the materials
available on record.
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C.M.A.No.2106 of 2021
9. Insofar as the monthly income of the deceased is concerned, P.W.1
has stated that the deceased was an Auto Driver at the time of the accident
and was earning a sum of Rs.15,000/- per month. In the absence of any
material evidence, the Tribunal considering the age and avocation of the
deceased, fixed the notional income of the deceased at Rs.15,000/- per
month, which is reasonable.
10. Since the deceased left behind the appellants/claimants 1 to 3 as
legal heirs, as per the decision of the Hon'ble Apex Court in Smt.Sarala
Verma & Others vs. Delhi Transport Corporation & Another, reported in
2009(2) TN MAC 1(SC), the Claims Tribunal has rightly deducted 1/3rd as
personal expenses of the deceased and thereafter by applying multiplier '14'
has rightly awarded a sum of Rs.21,00,000/- (1,50,000 x 14) as
compensation towards Loss of Dependency. Hence, the same does not
require any interference by this Court. The amounts awarded towards other
heads are also reasonable and hence, the same are confirmed.
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C.M.A.No.2106 of 2021
11. In view of the above, this Court do not find any error in the award
dated 26.06.2020 passed by the Tribunal in M.C.O.P.No.2287 of 2016.
Hence, this Court is not inclined to interfere with the same.
12. In the result, the Civil Miscellaneous Appeal is dismissed and a
sum of Rs.26,05,000/- awarded by the Tribunal as compensation to the
appellants/claimants is hereby confirmed. The respondent/Transport
Corporation is directed to deposit the entire amount awarded by the
Tribunal together with interest at 7.5% per annum from the date of the
Claim Petition till the date of realization, less the amount, if any, already
deposited to the credit of M.C.O.P.No.2287 of 2016 on the file of the
Motor Accidents Claims Tribunal, II Judge, Court of Small Causes,
Chennai, within a period of eight 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, as apportioned by the Tribunal directly to the
Bank account of the appellants/Claimants through RTGS, within a period
of two weeks. Since the award has been confirmed, the money due to the
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C.M.A.No.2106 of 2021
minors shall be kept in the deposits as per the award of the Tribunal and the
amounts due to other claimant can be disbursed. No costs.
05.08.2021
Index : Yes / No
Speaking Order : Yes / No
rsi
To:
1. The Motor accident Claims Tribunal/II Judge,
Court of Small Causes,
Chennai.
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai - 600 104.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2106 of 2021
S.VAIDYANATHAN, J.
rsi
C.M.A.No.2106 of 2021
05.08.2021
https://www.mhc.tn.gov.in/judis/
