Madras High Court
The Managing Director vs Pappathi on 24 August, 2021
C.M.A.No.2511 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2021
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
C.M.A.No. 2511 of 2021 and
C.M.P.No.14422 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation
(Salem Division -1) Ltd.,
No.12, Ramakrishna Road,
Salem-7. ...Appellant
vs.
1. Pappathi
2. Chandra
3. K.Subramani
4. Ramesh ...Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 28.02.2019 made
in M.C.O.P.No.286 of 2014 on the file of the Motor Accident Claims
Tribunal, I Additional District Court, Tiruppur.
For Appellant : M/S. D. Raghu
JUDGMENT
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C.M.A.No.2511 of 2021
This Appeal has been filed by the Transport Corporation challenging
the Award dated 28.02.2019 passed by the Motor Accident Claims
Tribunal, I Additional District Court, Tiruppur in M.C.O.P.No. 286 of
2014, directing the Appellant/Transport Corporation to pay the Claimants a
sum of Rs.7,30,000/- as compensation for the death of the deceased, who
succumbed to the injuries sustained in an accident which occurred on
01.03.2013 involving the bus owned by the Appellant/Transport
Corporation. Respondents/Claimants are the dependants of the deceased
viz., wife, daughter and son.
2. Before the Tribunal, the Respondents 1 to 3/Claimants claimed a
sum of Rs.10,00,000/- as compensation for the death of the deceased. On
the side of the Respondent/Claimants, P.W.1 & P.W.2 were examined as
witnesses and Exs.P1 to Exs.P10 were marked before the Tribunal. On the
side of the Appellant/Transport corporation, R.W.1 was examined as witness
and Ex.R1 was marked before the Tribunal.
3. On consideration of the oral and documentary evidence available on
record, the Tribunal has awarded a sum of Rs.7,30,000 /- as compensation
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C.M.A.No.2511 of 2021
to the Respondents 1 to 3/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 6,30,000
Loss of consortium 80,000.0
Funeral expenses 15,000.0
Transport expenses 5,000.00
Total Rs.7,30,000/-
4. Heard the learned counsel for the parties and perused the material
documents available on record.
5. The Appellant has challenged the impugned award on the ground
that mere registration of an FIR is not enough for holding negligence on
their part. Further,the Tribunal ought not to have deducted 1/4 towards
personal expenses as there are only three claimants. The learned Tribunal
erred in fixing a sum of Rs.10,000/- per month as income of the deceased,
without any proof. The Compensation awarded by the Tribunal towards
Funeral expenses, Loss of Estate are very high and the same needs to be
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C.M.A.No.2511 of 2021
reduced.
6. Insofar as the first contention raised by the Appellant is concerned,
the Respondents 1 to 3/ Claimants have proved their case by not alone filing
an FIR, which has been marked as Ex.P1 but has also adduced oral evidence
through an eyewitness to the accident P.W.2. No contra evidence has been
produced by the Appellant before the Tribunal to disprove the contention of
the Respondents 1 to 3/Claimants that only due to the rash and negligent
driving by the driver of the bus owned by the Appellant/Transport
Corporation, the accident had occurred, which resulted in the death of the
deceased. Therefore, this Court is of the considered view that there is no
basis for the Appellant to contend that mere registration of an FIR against
the Driver of the bus without corroboration by any other independent
witness.
7. Insofar as the income of the deceased in concerned, the Claimants
have stated that at the time of accident, the deceased was doing agriculture
and doing milk business and earning a sum of Rs.20,000/- per month. In
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C.M.A.No.2511 of 2021
support of the same, the Claimants have produced Ex.P8-patta, Ex.P9-
details of the property, Ex.P10-Adangal before the tribunal. Further P.W.1-
Son of the deceased in his evidence has stated that his father was a retired
employee of the Electricity Department. The Tribunal on considering the
same fixed a sum of Rs.10,000/- per month as income of the deceased,
which cannot be said to be excessive.
8. Considering the age of the deceased at the time of accident and
taking note of the Judgment of the Hon'ble Apex Court, in the case of New
India Assurance Co.Ltd., Vs. Banumathy Anand and others, reported in,
2018 ACJ 2474, after deducting 1/4th towards personal expenses and by
adopting multiplier 7 as per the guidelines provided in the case of Sarla
Verma Vs. Delhi Transport corporation, reported in, (2009) 4 MLJ 997
,the Claims Tribunal has awarded the compensation towards Loss of
income at Rs.6,30,000/- . Though, it is true that there are only three
dependants for the deceased, but the Tribunal has deducted 1/4th towards
personal expenses, this Court feels that the compensation awarded towards
Transport Expenses and Funeral Expenses are very low and therefore the
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C.M.A.No.2511 of 2021
award passed towards Loss of Income need not be interfered with.
9. Considering the fact that the Respondents 1 to 3/Claimants have
lost their beloved family member, the quantum of compensation awarded by
the Tribunal to the Respondents 1 to 3/Claimants under various heads,
totalling a sum of Rs.7,30,000/-, cannot be considered to be excessive, as
alleged by the Appellant/Transport Corporation. For the foregoing reasons,
this Court does not find any merit in this Appeal and accordingly, the Civil
Miscellaneous Appeal stands dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
10. The Appellant/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.286 of 2014
on the file of the Motor Accidents Claims Tribunal, I Additional District
Court, Tiruppur, 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
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C.M.A.No.2511 of 2021
to transfer the Award amount, as apportioned by the Tribunal directly to the
Bank account of the Respondents 1 to 3/Claimants through RTGS, within a
period of two weeks.
24.08.2021
Index : Yes / No
Speaking Order : Yes / No
(arr)/(shk)
To:
1. The Motor accident Claims Tribunal,
I Additional District Court,
Tiruppur,
2. The Section Officer,
V.R. Section,
High Court of Madras,
Chennai 600 104.
S.VAIDYANATHAN,J.
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C.M.A.No.2511 of 2021
(arr)/(shk)
C.M.A. No.2511 of 2021
24.08.2021
http://www.judis.nic.in
