Madras High Court
Tamil Nadu State Transport ... vs R.Shenbagavalli on 26 August, 2021
C.M.A.Nos.1680 of 2020 & 1136 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.Nos.1680 of 2020 and 1136 of 2021
and
C.M.P.No.12362 of 2020
C.M.A.No.1680 of 2020
Tamil Nadu State Transport Corporation Limited,
rep. through Managing Director,
Vellore. ... Appellant
Vs.
1.R.Shenbagavalli
2.Minor M.S.Govardana Sri
3.Minor M.S.Bhuvaneshwaran
(Minor represented thro' their
Mother Smt.R.Shenbagavalli)
4.J.Santhaseelan
5.L.Chandra
... Respondents
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1680 of 2020 & 1136 of 2021
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to set aside the Judgment and Decree dated 13.11.2019 passed
in MCOP No.12 of 2015 on the file of the Motor Accidents Claims Tribunal, (II
Additional District Judge) Vellore at Ranipet.
For Appellant : Mr.C.S.K.Sathish
For Respondents : Mr.Athithyavarman for
Mrs.Revathi Manivannan (for R1 to R3)
C.M.A.No.1136 of 2021
1.R.Shenbagavalli
2.Minor M.S.Govardana Sri
3.Minor M.S.Bhuvaneshwaran
(Minor represented by their
Mother, the first petitioner)
... Appellant
Vs.
1.J.Santhaseelan
2.Tamil Nadu State Transport Corporation Limited,
rep. through its Managing Director,
Rangapuram, Vellore.
3.L.Chandra
... Respondents
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1680 of 2020 & 1136 of 2021
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to enhance the amount awarded in Judgment and Decree dated
13.11.2019 passed in MCOP No.12 of 2015 on the file of the Motor Accidents
Claims Tribunal, (II Additional District Judge) Vellore at Ranipet.
For Appellant : Mr.Athithyavarman for
Mrs.Revathi Manivannan
For Respondents : Mr.C.S.K.Sathish (for R2)
COMMON JUDGMENT
[Judgment of the Court was delivered by V.SIVAGNANAM, J.]
Challenge in the appeal filed by the Transport Corporation is to the award
passed by the Motor Accidents Claims Tribunal, (II Additional District Judge)
Vellore at Ranipet in MCOP No.12 of 2015. Dissatisfied with the quantum, the
claimants have come up with the another appeal CMA No.1136 of 2021 for
enhancement of compensation.
2.This is the case of the fatal accident. The case of the claimants is that on
14.10.2014 at 06.45 a.m, the first claimant's husband, the deceased L.Muralidharan
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1680 of 2020 & 1136 of 2021
was travelling as pillion rider in a two wheeler bearing Reg.No.TN-73-F-2588,
which was driven by one Anbu. When they were coming opposite to Pullithangal
RIT College, a bus belonging to the appellant Transport Corporation bearing
Reg.No.TN-23-N-2355 driven by its driver in a rash and negligent manner, hit
behind the motorcycle. In the impact, the deceased had sustained grievous injuries
all over his body and died on the spot. The claimants are the legal heirs of the
deceased. Alleging that the accident had taken place due to the rash and negligent
driving of the driver of the appellant Transport Corporation bus, the claimants laid a
petition, claiming compensation of Rs.56,00,000/-.
3.Resisting the claim, the appellant Transport Corporation filed their counter
disputing the manner of accident, age, occupation and income of the deceased and
its liability to pay the compensation. It was also contended that the claim is
excessive and exorbitant.
4.To substantiate the case, on the side of the claimants, P.Ws.1 to 4 were
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1680 of 2020 & 1136 of 2021
examined and Exs.P1 to Ex.P.11 were marked. On the side of the
appellant/Transport Corporation, R.W.1 and R.W.2, the first and third respondents
in the claim petition were examined and no document was marked.
5.The Tribunal, after considering the oral and documentary evidence, held
that the driver of the appellant bus was responsible for the accident and awarded
compensation of Rs.44,40,250/- to the claimants under the following heads:-
Heads Rs.
Transportation 5,000/-
Funeral Expenses 15,000/-
Loss of Dependency 40,35,252/-
Loss of Love and Affection to the minor 1,00,000/-
petitioners 2 and 3 each Rs.50,000/-
Loss of Love and Affection to 3rd respondent 30,000/-
Loss of Consortium to the 1st petitioner 40,000/-
Maintenance of 2 minor small children 2,00,000/-
Loss of Estate 15,000/-
Total 44,40,252/-
Rounded off 44,40,250/-
Challenging the said award, while CMA.No.1680 of 2020 has been filed by the
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1680 of 2020 & 1136 of 2021
Transport Corporation on the ground that the award amount is on the higher side,
CMA No.1136 of 2021 has been filed by the claimants on the ground that the
award amount is meager.
6.These appeals have been filed only challenging the quantum, hence, the
other issues need not be dealt with herein.
7.Mr.C.S.K.Sathish, learned counsel appearing for the appellant/Transport
Corporation has contended that the award is on the higher side by wrongly fixing
excessive monthly income of Rs.26,530/- and it requires reduction.
8.Mr.Athithyavarman, learned counsel appearing for the claimants submitted
that due to the accident, the deceased died leaving behind two children and his
wife, but the Tribunal has not awarded adequate compensation towards loss of
consortium. He would further submit that the deceased died at the age of 45 years
and the proper multiplier is ' 14', but the Tribunal adopted multiplier '13'.
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C.M.A.Nos.1680 of 2020 & 1136 of 2021
9.We have considered the rival submissions of both the counsels and perused
the materials available on records.
10.Perusal of the records reveal that the annual income of the deceased was
fixed by the Tribunal based on the evidence of P.W.2 and Ex.P.9, Salary Certificate.
Further, the customary quantum of compensation under remaining heads were fixed
by the Tribunal by following the Judgment of the Hon'ble Supreme Court in the
case of National Insurance Company Ltd., vs. Pranay Sethi reported in 2018(1)
LW 331. We find no reason to interfere with the conclusion reached by the
Tribunal. These appeals have no merit.
11.In such view of the matter, these Civil Miscellaneous Appeals are
dismissed. The appellant/Transport Corporation is directed to deposit the entire
award amount with accrued 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 order.
On such deposit, the first claimant/wife is permitted to withdraw the award amount
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C.M.A.Nos.1680 of 2020 & 1136 of 2021
as apportioned by the Tribunal, less the amount already withdrawn, if any, together
with proportionate interest and costs. Further, the Tribunal is directed to deposit
the share of the minor claimants in any one of the nationalised banks, as fixed
deposit under the Cumulative Deposit Scheme, till the minors attain the age of
majors and hand over the fixed deposit certificates to the mother of the minor
claimants. No costs. Consequently, connected miscellaneous petition is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
26.08.2021
skn
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accidents Claims Tribunal,
(II Additional District Judge) Vellore at Ranipet.
2.V.R.Section,
Madras High Court,
Chennai.
K.KALYANASUNDARAM, J.
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.1680 of 2020 & 1136 of 2021
and
V.SIVAGNANAM, J.
skn
COMMON JUDGMENT MADE IN
C.M.A.Nos.1680 of 2020 and 1136 of 2021
and
C.M.P.No.12362 of 2020
26.08.2021
https://www.mhc.tn.gov.in/judis/
