Madras High Court

The Managing Director vs D.Sathiya on 27 August, 2021

C.M.A.No.2494 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2021

CORAM

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN

C.M.A.No.2494 of 2021 and
C.M.P.No.14380 of 2021

The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Coimbatore Division-1,
Coimbatore – 43. ...Appellant

vs.

1. D.Sathiya
2. Minor Abinaya
3. Minor AbiramaKrishnan
Minor 2 &3 rep by their
Gaurdian Mother Sathiya
4. P. Ramakrishnan
5. R. Ramuthai ...Respondents

Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and Decree dated 05.01.2019
made in M.C.O.P.No.908 of 2017 on the file of the Motor Accident Claims
Tribunal, The II Additional District and Sessions Judge, Tiruppur.

Page No.1 of 9
https://www.mhc.tn.gov.in/judis/
C.M.A.No.2494 of 2021

For Appellant : Mr.K.J.Sivakumar

*****
JUDGMENT

This Appeal has been filed by the Transport Corporation challenging

the Award dated 05.01.2019 passed by the Motor Accident Claims

Tribunal, The II Additional District and Sessions Judge, Tiruppur in

M.C.O.P.No. 908 of 2017, directing the Appellant/Transport Corporation to

pay the Claimants a sum of Rs.22,00,000/- as compensation for the death of

the deceased, who succumbed to the injuries sustained in an accident which

occurred on 11.07.2016 involving the bus owned by the

Appellant/Transport Corporation Respondents/Claimants are the

dependants of the deceased viz., wife, children and parents.

2. Before the Tribunal, the Respondents/Claimants claimed a sum of

Rs.35,00,000/- as compensation for the death of the deceased. On the side

of the Respondents/Claimants, P.W.1 to P.W.3 were examined as witnesses

and Exs.P1 to P5 were marked before the Tribunal. On the side of the

Appellant/Transport Corporation, R.W.1 was examined as witness and no

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2494 of 2021

Exhibit was marked.

3. On consideration of the oral and documentary evidence available

on record, the Tribunal has awarded a sum of Rs.22,00,000/- 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 Earning 18,90,000 Loss of love and affection 1,25,000.0 Loss of consortium (40,000x5) 2,00,000.0 Funeral expenses 15,000.00 Transportation charges 10,000.00 Total Rs.22,40,000/-

Rounded off Rs.22,00,000/-

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. The learned Trial judge ought not to have fixed the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2494 of 2021

monthly income of the deceased at Rs.14,000/- 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.

6. Insofar as the first contention raised by the Appellant is concerned,

the Respondents/ 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/Claimants that 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 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 is concerned, P.W.1- wife of

the deceased in her statement stated that the deceased was a Auto driver

and he was earning a sum of Rs.15,000/- per month and P.W.3 in his

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2494 of 2021

evidence also supported the said contention. The Claims Tribunal

considering the evidence of P.W.1 and P.W.3 and also age of the deceased,

further taking into account the prevailing cost of living, has fixed a sum of

Rs.14,000/- per month as monthly income of the deceased which is not

excessive. As Tribunal had Taken the monthly income at a lower level,

even though the compensation under two heads, viz.,Loss of Consortium

and Loss of Love and Affection cannot be granted, as per the decision of

this Court, in the case of New India Assurance Co.Ltd., Vs. S. Shanthi and

others, reported in 2018 SCC OnLine Mad 6827, this Court is not interfere

with the compensation granted under head of Loss of love and affection. As

the number of dependants are five, deducting 1/4 from the income the

deceased and by adding 40% towards future prospects and adopting

multiplier 15, a sum of Rs.18,90,000/- was awarded by the Tribunal towards

Loss of Earnings, which in the considered opinion of this Court is not

excessive.

8. As per the decision of the Hon'ble Supreme Court, in the case of,

Magma General Insurance company ltd., Vs. Nanu Ram Alia Chakru

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2494 of 2021

Ram & others, reported in, 2018 SCC 1546, the Tribunal has awarded the

compensation towards the Loss of consortium at Rs.2,00,000/-(40,000x5)

which is reasonable. Considering the fact that the Respondents 2 &3 lost

their beloved father, the compensation awarded towards the Loss of love

and affection by the Tribunal at Rs.1,25,000/-(25,000x5) is not excessive.

9. Considering the fact that the claimants lost the deceased, who is

the sole bread winner of the family, the quantum of compensation awarded

by the Tribunal to the Respondents/Claimants under various heads, totalling

a sum of Rs.22,00,000/-, 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

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2494 of 2021

the amount, if any, already deposited to the credit of M.C.O.P.No. 908 of

2017 on the file of the Motor Accidents Claims Tribunal, The II

Additional District and Sessions Judge, 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 to transfer the Award amount directly

to the Bank account of the Respondents/Claimants 1,4 and 5 as apportioned

by the Tribunal through RTGS, within a period of two weeks. The shares of

the minor claimants are directed to be deposited in any one of the

Nationalised Banks, till they attained majority and the mother of the minors

viz., the First Respondent is permitted to withdraw the accrued interest

once in three months.

                                                                                      27.08.2021

                     Index              :     Yes / No
                     Speaking Order     :     Yes / No
                     (arr)/(shk)





https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A.No.2494 of 2021

                     To:

                     1. The Motor accident Claims Tribunal,

The II Additional District and Sessions Judge, Tiruppur.

2. The Section Officer, V.R. Section, High Court of Madras, Chennai 600 104.

S.VAIDYANATHAN,J.

(arr)/(shk)

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2494 of 2021

C.M.A. No.2494 of 2021

27.08.2021

https://www.mhc.tn.gov.in/judis/