Madras High Court
The Managing Director vs Anbazhagan on 9 August, 2021
C.M.A.No.4031 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
C.M.A.No.4031 of 2019 and
C.M.P.No.22793 of 2019
The Managing Director,
Tamil Nadu State Transport Corporation,
Villupuram. ... Appellant
vs.
1. Anbazhagan
2. Kumari ... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and Decree dated 23.07.2018
made in M.C.O.P.No.104 of 2013 on the file of the Motor Accident Claims
Tribunal, The Subordinate Judge, Madurantagam.
For Appellant : Mr.K.J.Sivakumar
For Respondents : Mr.S.Srinivasan
*****
JUDGMENT
This Appeal has been filed by the Transport Corporation challenging
the Award dated 23.07.2018 passed by the Motor Accident Claims Tribunal,
The Subordinate Judge, Madurantagam in M.C.O.P.No.104 of 2013, in and
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C.M.A.No.4031 of 2019
by which, the Appellant/Transport Corporation was directed to pay a sum of
Rs.16,75,946/- as compensation to the Claimants, being parents /
dependants of the deceased, who succumbed to the injuries sustained in an
accident on 21.07.2013 caused by the Appellant/Transport Corporation.
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 to P.W.4 were examined as witnesses
and Exs.P1 to P18 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.16,75,946/- as
compensation to the Respondents/Claimants. Details of the compensation
awarded by the Tribunal under the impugned Award, are as follows :
Amount awarded by
Heads
the Tribunal (Rs.)
Loss of Income of the deceased 13,32,800/-
Loss of consortium 40,000/-
Loss of estate 15,000/-
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C.M.A.No.4031 of 2019
Amount awarded by
Heads
the Tribunal (Rs.)
Funeral expenses 15,000/-
Medical expenses (inclusive of 2,73,146/-
transport expenses of Rs.4,000/-)
Total Rs.16,75,946/-
4. The Appellant has challenged the impugned award on the ground
that the F.I.R. (Ex.P1) has been registered against the driver of the Motor
Cycle. The learned Trial judge ought not to have fixed the monthly income
of the deceased at Rs.7,000/- without any proof which is on higher side. The
overall compensation awarded by the Tribunal is on 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.
6. Insofar as the first contention raised by the Appellant is concerned,
the Respondents/ Claimants had not proved their case by merely relying on
the FIR, which has been marked as Ex.P1, but had adduced oral evidence
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C.M.A.No.4031 of 2019
through an eyewitnesses to the accident P.W.2 & P.W.3. The accident
register - Ex.P2 and Post-mortem report – Ex.P3 were marked on the side of
the respondents/Claimants. No contra evidence has been produced by the
Appellant before the Tribunal to disprove the contention of the
Respondents/Claimants that the accident has occurred only due to the rash
and negligent driving by the driver of the bus owned by the Appellant/
Transport Corporation. Therefore, this Court is of the considered view that
there is no basis for the Appellant to contend that the F.I.R. has been
registered against the driver of the Motor Cycle, without any corroborative
evidence, much less independent witnesses.
7. It is seen that at the time of accident the deceased was aged 21
years and was working as an Engineer Trainee in Motherson Sume System
Private Ltd., with the earning of a sum of Rs.7,500/- per month. To prove
the same, the first respondent/father was examined as P.W.1 and the
Assistant Manager of the company was examined as P.W.4. Exhibits.P8 &
P9 were also filed to show the avocation of the deceased. The Tribunal
considering the age, qualification and nature of work of the deceased, fixed
a sum of Rs.7,000/- per month as income, which is, in the considered
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C.M.A.No.4031 of 2019
opinion of this Court, is low and it has to be enhanced to Rs.8,000/-.
Following the judgment of the Hon'ble Apex Court reported in 2017 (2)
TNMAC 609 (SC), [National Insurance Company Limited Vs. Pranay
Sethi and others], the Tribunal had rightly granted 40% enhancement
towards future prospects of the deceased and applied multiplier '17'. Since
the deceased is a Bachelor, 50% towards personal expenses of the deceased
is deducted. Thus, by fixing the monthly income as Rs.8,000/- and adopting
multiplier '18', the compensation awarded by the Tribunal towards loss of
dependency is modified to Rs.12,09,600/- (Rs.8,000/- + 3200 (40% of
8,000) [Rs.11,200/- X 12 X 18 - 1/2])
8. Considering the fact that the claimants lost their only son and even
though it has been stated that the amount under “Loss of Consortium”
cannot be granted to the parents of the deceased, as per the decision of the
Hon'ble Supreme Court in the case of Magma General Insurance Co. Ltd.
V. Nanu Ram & Ors reported in (2018) 18 SCC 130, the parents are
entitled to compensation towards Loss of Filial Consortium and the sum
awarded for Loss of Consortium is enhanced to Rs.80,000/-., by converting
the said head into the one of Loss of Filial Consorium. The amounts
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C.M.A.No.4031 of 2019
awarded by the Tribunal under other heads are just and reasonable and
hence, the same are hereby confirmed. Thus, the compensation awarded by
the Tribunal is modified as follows:
S. Description Amount Amount Award
No awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted
1. Loss of income of 13,32,800/- 12,09,600/- reduced
the deceased
2. Loss of Filalial 40,000/- 80,000/- Enhanced
Consortium
(parents)
3. Loss of estate 15,000/- 15,000/- Confirmed
4. Funeral Expenses 15,000/- 15,000/- Confirmed
5. Medical expenses 2,73,146/- 2,73,146/- Confirmed
(inclusive of
transport expenses
of Rs.4000/-)
Total Rs.16,75,946/- Rs.15,92,746/-
Rounded Off to:
Rs.16,00,000/-
9. In the result, this Civil Miscellaneous Appeal is disposed of. The
Appellant/Transport Corporation is directed to deposit the modified Award
amount determined by this Court, along with interest and costs, less the
amount already deposited, if any, within a period of eight weeks from the
date of receipt of a copy of this judgment to the credit of M.C.O.P.No.104
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C.M.A.No.4031 of 2019
of 2013 on the file of the Motor Accident Claims Tribunal, The Subordinate
Judge, Madurantagam. On such deposit being made, the Tribunal is directed
to transfer the Award amount directly to the Bank account of the
respondents/Claimants through RTGS, within a period of two weeks
thereafter on due verification. No costs.
09.08.2021
Index : Yes / No
Speaking Order : Yes / No
rsi
To:
1. The Motor accident Claims Tribunal,
The Subordinate Judge,
Madurantagam.
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
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C.M.A.No.4031 of 2019
S.VAIDYANATHAN,J.
rsi
C.M.A.No.4031 of 2019
09.08.2021
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