Madras High Court
The Managing Director vs Narmadha on 9 August, 2021
C.M.A.No.1620 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No.1620 of 2021
and
C.M.P.No.8539 of 2021
The Managing Director,
M/s.Tamil Nadu State Transport Corporation,
Railway Station New Road,
Kumbakonam Town & Munsif. ... Appellant
vs.
1. Narmadha
2. Minor Jesina Shri
(Minor rep by her mother Narmadha)
3. Mathiazhagan
4. Jeyanthi ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree dated
13.12.2019 made in M.C.O.P.No.113 of 2017 on the file of the Motor
Accident Claims Tribunal, Subordinate Judge, Mannarkudi.
For Appellant : Mr.D.Venkatachalam
For Respondents : No appearance
*****
Page No.1 of 8
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C.M.A.No.1620 of 2021
JUDGMENT
This Appeal has been filed by the Transport Corporation
challenging the Award dated 13.12.2019 passed by the Motor Accident
Claims Tribunal, The Subordinate Judge, Mannarkudi in
M.C.O.P.No.113 of 2017, directing the Appellant/Transport Corporation
to pay the Claimants a sum of Rs.13,65,200/- as compensation for the
death of the deceased, who succumbed to the injuries sustained in an
accident which occurred on 26.03.2017 involving the bus owned by
the Appellant/Transport Corporation. Respondents/Claimants are the
dependants of the deceased viz., Wife, daughter and parents.
2. Before the Tribunal, the Respondents/Claimants claimed a
sum of Rs.25,00,000/- as compensation for the death of the deceased.
On the side of the Respondents/Claimants, P.W.1 and P.W.2 were
examined as witnesses and Exs.P1 to P4 were marked before the
Tribunal. On the side of the Appellant/Transport Corporation, R.W.1
was examined as witness and no Exhibit was marked.
3. On consideration of the oral and documentary evidence
available on record, the Tribunal has awarded a sum of Rs.13,65,200/-
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C.M.A.No.1620 of 2021
as compensation to the Respondents/Claimants. Details of the
compensation awarded by the Tribunal under the impugned Award, are
as follows :
Amount awarded
Heads by the Tribunal
(Rs.)
Loss of Income of the deceased 12,85,200/-
Loss of consortium 40,000/-
Loss of love and affection 15,000/-
(daughter & mother)
Transport expenses 10,000/-
Funeral expenses 15,000/-
Total Rs.13,65,200/-
4. The Appellant has challenged the impugned award on the
ground that in the F.I.R. (Ex.P1), it has been mentioned that three
persons were travelling in the motorcycle of the deceased, which is a
violation of the Statute. The learned Trial judge ought not to have
fixed the monthly income of the deceased at Rs.6,000/- without any
proof which is on higher side. The overall compensation awarded by
the Tribunal is on the higher side and the same needs to be reduced.
5. Heard the learned counsel appearing on both sides and
perused the material documents available on record.
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C.M.A.No.1620 of 2021
6. It is not in dispute that three persons, who travelled in a
motor cycle met with an accident. It was stated that the bus driver,
due to the rash and negligent driving, caused the accident and two
persons died on the spot and Jenifer/deceased died in the hospital.
Even in the FIR, it has been stated that three persons travelled in a
motor cycle. The only contention of the Appellant / Transport
Corporation, is that three persons travelled in a motor cycle and two
persons died on the spot and subsequently, the deceased died in the
hospital. The Tribunal had proceeded on the basis that no one was
examined on the side of the Appellant Transport Corporation to foist
the liability on the deceased and the Tribunal, upon perusing the
Vehicle Inspection Report (Ex.P3), came to the conclusion that the
accident had occurred purely on the fault of the Driver of the Appellant
Transport Corporation.
7. I find that the order of the Tribunal is perfectly correct, but, at
the same time, the observation of the Tribunal that there is no
evidence on the side of the Corporation, may not be correct, as the
Driver has been duly examined. Of course, his version has been
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C.M.A.No.1620 of 2021
disbelieved by the Tribunal. Though the Tribunal has awarded a
compensation due to the death of the deceased, as there is a
contributory negligence on the part of the deceased, the compensation
is reduced by 10%. Though the father of the deceased is also a
dependent, no amount has been apportioned to him. Accordingly, the
amount awarded by the Tribunal is modified and apportioned as
follows:
S.No Description Amount awarded Amount awarded Award
by Tribunal by this Court confirmed or
(Rs) (Rs) enhanced or
granted
1. Loss of Income of 12,85,200/- 11,56,680/- Reduced
the deceased (after deduction of
10%)
2. Loss of consortium 40,000/- 40,000/- Confirmed
3. Loss of love and 15,000/- 1,20,000/- Enhanced
affection (daughter (father of the
& mother of the deceased
deceased) included)
4. Transport 10,000/- 10,000/- Confirmed
expenses
5. Funeral expenses 15,000/- 15,000/- Confirmed
Total Rs.13,65,200/- Rs.13,41,680/- -
8. Taking note of the age of the minor daughter, this Court is not
inclined to interfere with the amount awarded by the Tribunal, as the
difference is only minimal and hence, the same is confirmed. The
Appellant is directed to deposit the balance amount, if any, together
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C.M.A.No.1620 of 2021
with proportionate interest, within a period of two months from the
date of receipt of a copy of this order. Out of the compensation, the
first respondent is entitled to a sum of Rs.5,00,200/-, the second
respondent is entitled to a sum of Rs.6,65,000/- and the respondents
3 and 4 are entitled to a sum of Rs.1,00,000/- each. The
Appellant/Transport Corporation is directed to deposit the Award
amount determined by this Court along with interest and costs, less
the amount already deposited, if any, to the credit of M.C.O.P.No.113
of 2017 on the file of the Motor Accident Claims Tribunal, Subordinate
Judge, Mannarkudi in M.C.O.P.No. 113 of 2017 on the file of the
Motor Accidents Claims Tribunal, The Subordinate Judge,
Mannarkudi, 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 directly to the Bank account
of the Respondents/Claimants 1 to 4 through RTGS, within a period of
two weeks thereafter. The share of the minor claimant is directed to
be deposited in any one of the Nationalised Banks, till she attains
majority and the mother of the minor viz., the First Respondent is
permitted to withdraw the accrued interest once in three months
purely for the welfare of the child.
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C.M.A.No.1620 of 2021
9. In the result, this Civil Miscellaneous Appeal is disposed of. No
costs.
09.08.2021
Index : Yes / No
Speaking Order : Yes / No
rsi
To:
1. The Motor accident Claims Tribunal,
The Subordinate Judge,
Mannarkudi.
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
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C.M.A.No.1620 of 2021
S.VAIDYANATHAN,J.,
rsi
C.M.A.No.1620 of 2021
09.08.2021
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