Madras High Court
Amudha vs The Managing Director on 19 August, 2021
C.M.A.No.843 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
CIVIL MISCELLANEOUS APPEAL No.843 OF 2020
1. Amudha
2. Anitha
3. Naveen Kumar
4. Kanthamani
5. Janakiraman ... Appellants
Vs.
The Managing Director,
Metropolitan Transport Corporation Limited,
Pallavan House, Anna Salai,
Chennai 600 002. .. Respondents
Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree in
M.A.C.T.O.P.No.153 of 2015 dated 03.02.2017 on the file of Motor
Accidents Claims Tribunal, III Additional District Court, Thiruvallur at
Poonamallee.
For Appellants : Mr.F.Terry Chellaraja
For Respondent : Mr.K.Suresh
for Mr.K.Moorthy
1/8
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C.M.A.No.843 of 2020
JUDGMENT
Appellants, who are the dependants of the deceased, have come up
with this Civil Miscellaneous Appeal, seeking enhancement of compensation
awarded by the Motor Accidents Claims Tribunal, III Additional District
Court, Thiruvallur at Poonamallee in M.A.C.T.O.P.No.153 of 2015 vide
judgment and decree dated 03.02.2017.
2. In an accident which occured on 08.02.2015, about 2.00 p.m.,
when the deceased Manivannan was riding his motor cycle along Poonamalee
Trunk Road, the bus belonging to the Respondent/Transport Corporation
came behind him and dashed on him, and the deceased succumbed to the
injuries sustained in the said accident on the spot. According to the
Appellants/Claimants, the accident ocurred due to the rash and negligent
driving of the driver of the Respondent/Transport Corporation bus and they
claimed a sum of Rs.18,00,000/- as compensation for the death of the
deceased.
3. Before the Tribunal, on the side of the Claimants, Exs.P1 to P9
were marked and P.Ws.1 and 2 were examined. On the side of the Transport
Corporation, R.W.1 was examined and no documents were marked. The
Tribunal, on considering the pleadings, oral and documentary evidence held
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C.M.A.No.843 of 2020
that, the accident occurred due to the rash and negligent driving of the driver
of the Respondent/Transport Corporation bus and awarded a sum of
Rs.11,05,340/- as compensation to the Claimants. Not being satisfied with
the compensation awarded by the Tribunal, Claimants have come up with the
present Appeal.
4. Heard the learned counsel for the parties and perused the
material documents available on record.
5. It is the case of Appellants/Claimants that, the Tribunal erred in
fixing the monthly income of the deceased at Rs.5,000/-, when he was
actually earning a sum of Rs.700/- per day by working as a Mason and that,
the Tribunal ought to have awarded compensation under the head 'loss of
estate'.
6. It is seen that, the Tribunal has fixed only a sum of Rs.5,000/- as
the monthly income of the deceased, who was a Mason by avocation.
Though, Claimants have averred that, the deceased was earning a sum of
Rs.700/- per day, as cost of living has increased enormously, this Court fixes
a sum of Rs.9,500/- as the monthly income of the deceased. In view of the
same, the compensation towards loss of dependency is arrived at a sum of
Rs.19,15,200/- (Rs.9500 + 40% x1/4 x12 x 16).
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C.M.A.No.843 of 2020
7. As the Tribunal has awarded a sum of Rs.1,00,000/- as
compensation jointly under the heads, 'loss of consortium', 'loss of love and
affection' and 'pain and suffering', this Court feels it appropriate to reduce the
same to Rs.40,000/- under the head 'loss of consortium'. As regards grant of
compensation under the head 'loss of love and affection to the 2nd and 3rd
Appellants' and 'loss of love and affection to the 4th and 5th Appellants', this
Court feels it appropriate to reduce the same to Rs.80,000/- towards 'loss of
love and affection to 2nd and 3rd Respondents' and to Rs.80,000/- towards 'loss
of love and affection to 4th and 5th Respondents'.
8. As far as compensation of a sum of Rs.25,000/- awarded under
the head 'Funeral expenses', this Court finds it just and reasonable. As no
amount has been awarded under the head 'loss of Estate', this Court feels it
appropriate to award a sum of Rs.15,000/- towards the same.
9. In fine, the quantum of compensation awarded by the Tribunal is
enhanced to a sum of Rs.21,45,200/-. Details of the same are tabulated below:
S. Description Amount Amount modified by Award
No awarded by this Court confirmed
Tribunal (Rs.) or enhanced
(Rs) or granted
1. Loss of Dependency 6,80,340.00 19,15,200.00 Enhanced
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C.M.A.No.843 of 2020
S. Description Amount Amount modified by Award
No awarded by this Court confirmed
Tribunal (Rs.) or enhanced
(Rs) or granted
(3350x12x17) (9500+40%x1/4x12x16)
2. Funeral expenses 25,000.00 15,000.00 Reduced
3. Loss of consortium, 1,00,000.00 40,000.00 Reduced
love and affection
and pain and
sufferings to 1st
Appellant
4. Love and affection 2,00,000.00 80,000.00 Reduced
and pain and
sufferings to 2nd and
3rd Appellants
(Each Rs.1,00,000/-)
5. Love and affection 1,00,000.00 80,000.00 Reduced
and pain and
sufferings to 4th and
5th Appellants
(each Rs.50,000/-)
6. Loss of estate ---------- 15,000.00 Awarded
Total Rs.11,05,340.00 Rs.21,45,200.00 Enhanced
by
Rs.10,39,860
10. In the result, the compensation of a sum of Rs.11,05,340/-
awarded by the Tribunal is hereby enhanced to a sum of Rs.21,45,200/-
(Rupees Twenty One Lakhs Forty Five Thousand Two Hundred only),
together with interest at the rate of 7.5% per annum from the date of filing the
Claim Petition till the date of deposit. The Respondent/Transport Corporation
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C.M.A.No.843 of 2020
is directed to deposit the Award amount now 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.153 of 2015 on the file of the Motor Accident
Claims Tribunal, III Additional District Court, Thiruvallur at Poonamallee.
On such deposit being made, the Tribunal is directed to transfer the Award
amount directly to the Bank account of the Appellant/Claimant through
RTGS, within a period of two weeks.
11. Appellants/Claimants shall pay necessary Court fee, if any, on
the enhanced compensation. However, it is made clear that, if there is any
delay in filing the above Appeal and in case, any order is passed by this Court
earlier depriving interest for the period of delay in question, interest for the
period of delay shall be excluded.
In fine, the Civil Miscellaneous Appeal is allowed. No costs.
19.08.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
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C.M.A.No.843 of 2020
To:
1. The Motor accident Claims Tribunal,
III Additional District Court, Thiruvallur
at Poonamalee.
2. The Section Officer,
V.R. Section, High Court of Madras,
Chennai 600 104.
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C.M.A.No.843 of 2020
S.VAIDYANATHAN,J.
(aeb)
C.M.A. No.843 of 2020
19.08.2021
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