Madras High Court
Vijaya vs The Managing Director on 6 August, 2021
C.M.A.No.1447 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
C.M.A.No.1447 of 2020
1. Vijaya
2. Dinesh Babu
3. Sudhakar ... Appellants
Vs.
The Managing Director
Metropolitan Transport Corporation
Pallavan Salai,
Chennai 600 002. ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of
the Motor Vehicles Act, 1988, against the Judgment and Decree dated
27.10.2014 made in M.C.O.P.No.1527 of 2013 on the file of the Motor
Accident Claims Tribunal, (III Small Causes Court), Chennai.
For Appellants : Mr.K.Varadha Kamaraj
For Respondent : Mr.S.Swaminathan
1/9
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C.M.A.No.1447 of 2020
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 27.10.2014 made in
M.C.O.P.No.1527 of 2013 on the file of the Motor Accident Claims Tribunal,
III Small Causes Court, Chennai.
2. The appellants are the claimants in M.C.O.P.No.1527 of 2013 on the
file of the Motor Accident Claims Tribunal, III Small Causes Court, Chennai.
They filed the above said claim petition, claiming a sum of Rs.20,00,000/- as
compensation for the death of one Pandurangan ( husband of the first
petitioner and father of the second and third petitioner), who died in the
accident that took place on 13.01.2013.
3. The case of the claimants in brief: On 13.01.2013, at about 5.30
hours, the deceased was proceeded on his cycle along Kolathur Highways
Road and while nearing Kolathur-Retteri Signal Junction, a speeding bus
belonging to Metropolitan Transport Corporation (Chennai) bearing
registration No. TN-01-n-4765 came from North to South, hit the deceased,
thereby, he succumbed to the injuries on the way to the Kumaran Hospital.
According to the claimants, the rash and negligent driving of the driver of the
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C.M.A.No.1447 of 2020
bus was the cause of accident and hence, the respondent is liable to pay
compensation to the claimants.
4. The respondent filed counter affidavit contending that, the driver of
the bus, drove the bus in a cautious manner from Moolakadai to CMBT. At
Kolatthur Retteri Signal, after clearance of Red signal, the driver moved the
bus slowly, along with the other vehicles, which were moving in front of the
bus. At that time, the deceased, crossed the road from left to right side, in
front of the bus and lost his controle and grazed himself in left side body of
the bus and fell down, and sustained injuries. Hence, prayed for dismissal of
the petition.
5. Before Tribunal, on the side of the claimants, three witnesses were
examined as PW1 to PW3 and Ex.P1 to E.P11 were marked. On the side of
the respondent, driver of the bus was examined as RW1, however, no
doucment is marked.
6. The Tribunal after considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the bus belonging to the respondent-Metropolitan Transport
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C.M.A.No.1447 of 2020
Corporation Limited, and directed the respondent to pay a sum of
Rs.14,27,728/- as compensation to the appellants.
7. Not being satisfied with the amount awarded by the Tribunal, the
claimants/appellants have come out with the present appeal.
8. The learned counsel appearing for the appellants contended that at
the time of accident, the deceased was working as Technician Grade in
Annanur Workshop, Southern Railway and was earning a sum of Rs.38,885/-
per month. However, the Tribunal has not added any amount to the income
towards "Future prospects". He further stated that the Tribunal has not also
awarded any amount towards "Loss of Estate" and, the amount awarded
towards "Funeral Expenses", "Loss of Consortium" and "Loss of Love and
Affection" are meagre and hence, prayed for enhancement of compensation.
9. The learned counsel appearing for the respondent submitted that
after considering the oral and documentary evidence on record, the Tribunal
has awarded a just and reasonable compensation and therefore, the award
passed by the Tribunal does not warrant any interference by this court.
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C.M.A.No.1447 of 2020
10. Now the point for consideration is whether the compensation
awarded by the Tribunal has to enhanced.
11. Point
It is not the disputed fact that, the deceased was working as Technician
in Annanur Workshop, Southern Railway. As per Salary Certificate Ex.P11,
he was earning a sum of Rs.38,885/- per month and as per employment
details Ex.P10, he was aged at 59 years on the date of accident. Therefore,
considering the age of the deceased, the Tribunal has rightly applied the
multiplier. However, the Tribunal has not added any amount to the income
of the deceased towards "Future Prospects". Therefore, 15% of the income
should be added towards “Future Prospects”. In the instant case, there are
three dependants. Therefore, 1/3 should be deducted towards personal
expenses of the deceased.
12. Further, since the deceased was an employee under the Transport
Corporation, he would have been drawn pension, if he is alive. Therefore,
following the decision of this court, while calculating pecuniary loss, the
Tribunal has rightly applied the split up theory, for pension after
superannuation.
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C.M.A.No.1447 of 2020
13. Thus, Loss of Dependency is calculated as follows:
Income : Rs.38,885/- p.m.
Future Prospects 15% : Rs.5,832,75
Total Income : Rs.44,717.75
After deducting 1/3rd : Rs.29,812/-
Application of Multiplier (7 + 10m + 17d)
Pecuniary Loss:
For 10 months 29,812 x 10 : Rs.2,98,120/-
For 17 days 29,812 x 17/30 : Rs.16,893/-
For 7 years (50% on Rs.29,812=14,906)
(14906x12x7) : Rs.12,52,104/-
Total Pecuniary Loss
(2,98,120+ 16,893 + 12,52,104) : Rs.15,67,117/-
Accordingly, a sum of Rs.15,67,117/- is awarded towards Loss of
Dependency.
14. Further, the compensation awarded towards "Funeral expenses" is
enhanced from Rs.10,000/- to Rs15,000/- and "Loss of Consortium" (spouse)
is enhanced from Rs.25,000/- to Rs.40,000/- and "Loss of Love and
Affection" is enhanced to Rs.30,000/- to Rs.80,000/- (each child Rs.40,000).
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C.M.A.No.1447 of 2020
Apart from that, a sum of Rs.15,000/- is awarded towards “ Loss of Estate”.
15. Accordingly, the revised compensation awarded under various
heads is extracted hereunder.
Sl. Heads Compensation Compensation
No Awarded by the enhanced/
Tribunal Awarded by this
court
1 Pecuniary Loss 13,62,728/- 15,67,117/-
2 Funeral Expenses 10,000/- 15,000/-
3 Loss of Estate - 15,000/-
4 Loss of Consortium 25,000/- 40,000/-
5 Loss of Love and 30,000/- 80,000/-
affection (40,000 x 2)
Total 14,27,728/- 17,17,117/-
16.In the result,
(i) this Civil Miscellaneous Appeal is partly allowed and the
compensation awarded by the Tribunal at Rs.14,27,728/- is hereby enhanced
to Rs.17,17,117/- together with interest at the rate of 7.5% per annum from
the date of petition till the date of deposit.
(ii) The respondent is directed to deposit the enhanced award amount
now determined by this Court, along with interest and costs, less the amount
already deposited, if any, within a period of six weeks from the date of receipt
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C.M.A.No.1447 of 2020
of a copy of this judgment to the credit of M.C.O.P.No.1527/2013 on the file
of the Motor Accident Claims Tribunal, III Small Causes Court, Chennai.
(iii) On such deposit, the appellants 1 to 3 are permitted to withdraw
their respective share of the enhanced award amount now determined by this
Court, as per the ratio of apportionment fixed by the Tribunal, along with
proportionate interest and costs, less the amount if any, already withdrawn by
making necessary applications before the Tribunal.
(iv) No costs.
06.08.2021
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Index : Yes / No
Internet : Yes / No
To
1.The Special Subordinate Judge No.I,
Motor Accidents Claims Tribunal,
III Small Causes Court,
Chennai.
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C.M.A.No.1447 of 2020
S. VAIDYANATHAN, J.
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C.M.A.No.1447 of 2020
06.08.2021
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