Madras High Court
Metropolitan Transport ... vs G.Kanaga on 31 August, 2021
C.M.A.No.2477 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2021
CORAM:
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
CIVIL MISCELLANEOUS APPEAL No.2477 of 2021
Metropolitan Transport Corporation (Chennai) Ltd.,
rep. by its Managing Director
No.2 Pallavan House, Anna Salai,
Chennai – 2. ... Appellant
vs.
1. G.Kanaga
2. G.Shashikumar
3. G.Helan Memasudha @ Bobby ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and decree dated 20.03.2012 made
in M.C.O.P.No.668 of 2008 on the file of the Motor Accidents Claims
Tribunal, (Additional District and Sessions Judge FTC-III), Chennai.
For Appellant : Mr.S.Sivakumar
JUDGMENT
This Appeal has been filed by the Transport Corporation challenging
the Award dated 20.03.2012 passed by the Motor Accident Claims Tribunal,
(Additional District and Sessions Judge FTC-III), Chennai in
M.C.O.P.No.668 of 2008, directing the Transport Corporation to pay the
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C.M.A.No.2477 of 2021
Claimants a sum of Rs.3,35,139/- as compensation for the death of the
deceased, who succumbed to the injuries sustained in an accident which
occurred on 05.05.2007 involving the bus owned by the
Appellant/Transport Corporation.
2. Respondents/Claimants are the dependants of the deceased viz.
Gopal. Before the Tribunal, Respondents/Claimants claimed a sum of
Rs.4,79,900/- as compensation for the death of the deceased. In support of
their claim, Respondents/Claimants marked Exs.P1 to P11 before the
Tribunal and P.Ws.1 and 3 were examined as witnesses. On the side of the
Appellant/Transport Corporation, R.W.1 was examined, but, no Exhibits
were marked.
3. On consideration of the oral and documentary evidence
available on record, the Tribunal has awarded a sum of Rs.3,35,139/- 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 3,00,000.00
Funeral expenses 5,000.00
Loss of consortium for 1st Petitioner 5,000.00
Loss of love and affection 10,000.00
Medical expenses 2,369.00
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C.M.A.No.2477 of 2021
Amount awarded by
Heads
the Tribunal (Rs.)
Transportation 12,770.00
Total 3,35,139.00
4. Heard the learned counsel for the Appellant and perused the
material documents available on record.
5. The Appellant/Transport Corporation has challenged the
impugned award on the ground that, the accident took place solely on the
negligence of the 2nd Respondent/2nd Claimant, who drove the Car. Hence,
according to the Transport Corporation, the Tribunal ought to have fixed
negligence on the part of the owner of the Car and the Insurer. It is the
further case of the Appellant/Transport Corporation that, the Trial Court
erred in awarding excessive compensation without proper documentary
evidence.
6. Though, it is the contention of the Appellant/Transport
Corporation that, the 2nd Respondent/2nd Claimant is responsible for the
accident, the Tribunal, taking into account the evidence of P.W.1 coupled
with the documentary evidence vide Exs.P1, P2 and P3, came to the
conclusion that, the accident occurred only due to the rash and negligent
driving of R.W.1, who drove the bus.
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C.M.A.No.2477 of 2021
7. As regards the quantum of compensation awarded by the
Tribunal, it is stated by the Claimants that, at the time of accident, the
deceased was working as a Technical Advisor in Mother Terasa I.T.I. and
was earning a sum of Rs.7,000/- per month and he was also a part-time
Consultant for Accounts in a Private Company and was earning a sum of
Rs.3,000/- per month. In toto, the deceased was earning a sum of
Rs.10,000/- per month. As the monthly income of the deceased is supported
by valid documentary evidence vide Exs.P9 and P11, the Tribunal, after
deducting contribution towards monthly expenses, fixed a sum of Rs.5,000/-
as loss of income per month. As the deceased was aged 70 years at the time
of accident, the Tribunal, applying the multiplier of '5', arrived at a sum of
Rs.3,00,000/- as compensation under the head 'loss of income'. Hence, this
Court is of the view that, the compensation awarded towards 'loss of
income' is reasonable. As regards compensation awarded under the other
heads, this Court is of the view that, the same is just and reasonable and
does not require any interference.
8. For the foregoing reasons, this Court does not find any merit in
this Appeal and accordingly, the Civil Miscellaneous Appeal stands
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C.M.A.No.2477 of 2021
dismissed. No costs. Consequently, connected C.M.P.No.14236 of 2021 is
closed.
9. 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 deposit, less the
amount, if any, already deposited to the credit of M.C.O.P.No.668 of 2008
on the file of the Motor Accident Claims Tribunal, (Additional District and
Sessions Judge, FTC-III), Chennai, 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 Respondent/Claimant through RTGS, within a period of two
weeks.
31.08.2021
Index : Yes / No
Speaking Order : Yes / No
(aeb)
To:
1. The Motor accident Claims Tribunal,
(Additional District and Sessions Judge, FTC-III), Chennai
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C.M.A.No.2477 of 2021
2. The Section Officer,
V.R. Section, High Court of Madras, Chennai 600 104.
S.VAIDYANATHAN,J.
(aeb)
C.M.A. No.2477 of 2021
31.08.2021
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