Madras High Court
The Managing Director vs A.Kenedy Rajan on 1 December, 2021
CMA(MD)No.963 of 2021 & Cros.Obj(MD)No.39 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.963 of 2021 & Cros.Obj(MD)No.39 of 2021 &
CMP(MD)No.9116 of 2021
CMA(MD)No.963 of 2021
The Managing Director,
Tamil Nadu State Express Transport Corporation,
Pallavan Salai, Anna Salai,
Chennai – 600 002. ... Appellant/3rd Respondent
Vs.
1.A.Kenedy Rajan
2.R.C.Rama ...1st &2nd Respondents/Petitioners
3.M/s.B.L.Transport Pvt.Ltd.,
No.61/69, Athipedu Village,
Ponneri Taluk,
Tiruvallur District.
4.The United India Insurance Company Ltd.,
T.P.Cell, Silingi Building,
134, Greams Road,
Chennai – 600 006. ...3rd & 4th Respondents/1st & 2nd
Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, to allow this appeal, set aside the award and decree made in
M.C.O.P.No.61 of 2019, dated 20.08.2019 on the file of the Motor
Accidents Claims Tribunal/Chief Judicial Magistrate Court, Nagercoil.
https://www.mhc.tn.gov.in/judis
1/10
CMA(MD)No.963 of 2021 & Cros.Obj(MD)No.39 of 2021
For Appellant :Mr.P.Prabhakaran
For R1-R2 :Mr.S.Sivakumar
For R3 :No Appearance
For R4 :Mr.J.S.Murali
Cros.Obj(MD)No.39 of 2021
1.A.Kenedy Rajan
2.R.C.Rama ... Appellants/1st &2nd
Respondents
Vs.
1.The Managing Director,
Tamil Nadu State Express Transport Corporation,
Pallavan Salai, Anna Salai,
Chennai – 600 002. ...1st Respondent/Appellant
3.M/s.B.L.Transport Pvt.Ltd.,
No.61/69, Athipedu Village,
Ponneri Taluk,
Tiruvallur District.
4.The United India Insurance Company Ltd.,
T.P.Cell, Silingi Building,
134, Greams Road,
Chennai – 600 006. ...2nd & 3rd Respondents/3rd&4th
Respondents
PRAYER : Cross Objection filed under Section order XLI Ruled 22(1) of
Civil Procedure Code, to allow this Cross Objection, award an enhanced
compensation of Rs.10,00,000/- over and above Rs.11,50,000/- awarded
by lower Court in M.C.O.P.No.61 of 2019, dated 20.08.2019 on the file
of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate
Court), Nagercoil.
https://www.mhc.tn.gov.in/judis
2/10
CMA(MD)No.963 of 2021 & Cros.Obj(MD)No.39 of 2021
For Appellants :Mr.S.Sivakumar
For R1 :Mr.P.Prabhakaran
For R2 :No Appearance
For R3 :Mr.J.S.Murali
JUDGMENT
The Civil Miscellaneous Appeal in C.M.A.(MD)No.963 of 2021
has been filed by the appellant-Insurance Company against the judgment
and decree passed in M.C.O.P.No.61 of 2019, dated 20.08.2019, on the
file of the Motor Accident Claims Tribunal cum Chief Judicial
Magistrate, Kanyakumari at Nagercoil.
2.The Cross Objection in Cros.Obj.(MD)No.39 of 2021 has been
filed by the Cross Objectors, against the Judgment and Decree made in
M.C.O.P.No.61 of 2019, dated 20.08.2019, on the file of the Motor
Accident Claims Tribunal cum Chief Judicial Magistrate, Kanyakumari
at Nagercoil, seeking enhancement of compensation of Rs.10,00,000/-.
3.The brief facts of the case is as follows and the parties have
been mentioned as they have been ranked before the Tribunal:
It is a case of fatal accident in which the accident took place
https://www.mhc.tn.gov.in/judis
CMA(MD)No.963 of 2021 & Cros.Obj(MD)No.39 of 2021
on 20.10.2015. The deceased Manoj was travelling in TNSETC bus
bearing Registration No.TN-01-N-4910, was proceeding from Chennai to
Nagercoil National Highways. When the bus came near SRM Medical
College at Irunkalur, a bus driver drove the bus in a rash and negligent
manner and dashed on the back side of the trailer lorry bearing
Registration No.TN-18-K-6939 was parked in no parking area. Due to
the said impact, the said Manoj and some of the passengers died on the
spot and many of the passengers got critically injured. At the time of
accident, the deceased was a student of B.E.. in Akshaya Engineering
College at Kanchipuram. Hence, the legal heirs of the deceased have
filed a claim petition in M.C.O.P.No.61 of 2019 seeking a sum of
Rs.60,00,000/- as compensation.
4.Before the Tribunal, on the side of the claimants, one witness
viz., P.W.1 was examined and fourteen documents viz., Exs.P.1 to P.14
were marked and on the side of the respondents, four witnesses viz.,
R.W.1 to R.W.4 were examined and two documents were marked as
Ex.R1 and Ex.R2.
5.The Tribunal, after considering the pleadings, oral and
documentary evidence and arguments of the counsel for the claimants
https://www.mhc.tn.gov.in/judis
CMA(MD)No.963 of 2021 & Cros.Obj(MD)No.39 of 2021
and respondents and also appreciating the evidence on record, held that
the accident occurred only, due to the rash and negligent driving of the
driver of the offending vehicle and directed the State Express Transport
Corporation to pay a sum of Rs.11,50,000/- as compensation to the
claimants
6.Against which, the State Express Transport Corporation has filed
the appeal in C.M.A.(MD)No.963 of 2021 questioning the quantum of
compensation and the claimants also filed Cross.Obj(MD)No.39 of 2021
seeking enhancement of compensation.
7.The learned Counsel for the claimants would submit that the
Tribunal has taken a meagre sum of Rs.10,000/- per month and future
prospectus has not been added. He also relied upon the judgment by the
Hon'ble Division Bench of Madras High Court in C.M.A(MD)Nos.149
and 740 of 2021 to fix monthly income as Rs.18,000/-. The amounts
awarded under other heads are also very meagre. Hence, he needs
interference of this Court to the award passed by the Tribunal and seeks
enhancement of compensation.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.963 of 2021 & Cros.Obj(MD)No.39 of 2021
8.The learned Counsel for the State Express Transport Corporation
would submit that both the lorry and bus driver were responsible for the
accident. The lorry stopped in the prohibited area, but the Tribunal held
that FIR was registered only against the bus driver. He further submitted
that the Tribunal has taken a higher amount of Rs.10,000/- as monthly
income of the deceased without any valid proof and has arrived at higher
compensation. Hence, he seeks interference of this Court to the award
passed by the Tribunal.
9.Heard the learned Counsel for the claimants/cross objectors and
the Insurance Company/appellant and perused the materials available on
record.
10.In C.M.A(MD)No.963 of 2021, on perusal of records it shows
that after perusing the evidence, the Tribunal came to the conclusion that
the lorry driver did not park the vehicle voluntarily. The lorry was parked
only for police check up. Eventhough charge sheet was filed against
both the lorry and drivers, no evidence let by the appellant to prove the
negligence on the part of the lorry driver. From the evidence, it is seen
that the bus driver drove the bus in a rash and negligent and hit the back
side of the lorry without noticing the lorry stopped in the parking station
https://www.mhc.tn.gov.in/judis
CMA(MD)No.963 of 2021 & Cros.Obj(MD)No.39 of 2021
for checking. If the driver of the bus drove the bus with care and low
speed, he could have easily noticed the stationary lorry on the road side.
So the Tribunal has rightly fixed the liability on the Transport
Corporation. Hence, this Court finds no valid reason to interfere with the
award passed by the Tribunal.
11.In Cross.Obj(MD)No.39 of 2021, on perusal of records, it
shows that the Tribunal has fixed as Rs.10,000/- as monthly income of
the deceased, but not added future prospectuses of the deceased.
Considering the age and educational qualification of the deceased, this
Court is inclined to fix as Rs.12,000/- as monthly income and also added
40% towards future prospectus of the deceased. Therefore, the notional
income of the deceased as arrived at Rs.12,000/- + Rs.4,800/- (40% of
Rs.12,000/-) = Rs.16,800/-. Since the deceased was a bachelor at the
time of accident, 50% of the income deducted towards his personal
expenses. Therefore, the net income arrived at Rs.8,400/- (Rs.16,800/- x
50% = Rs.8,400/-). Thus, Rs.8,400/- x 12 x 18 = Rs.18,14,400/- is
calculated as loss of dependency. Insofar as other heads awarded by the
Tribunal are concerned, it is quite reasonable and this Court is inclined to
confirm the same and accordingly, it is confirmed.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.963 of 2021 & Cros.Obj(MD)No.39 of 2021
12. In view of the above, this Court modifies the award of the
Tribunal by enhancing the compensation as under:
S.No. Head Amount granted
by this court
1. Loss of Dependency Rs. 18,14,400/-
2. Loss of Estate Rs. 15,000/-
3. Loss of Consortium Rs. 40,000/-
4. Funeral Expenses Rs. 15,000/-
Total Rs. 18,84,400/-
13.In the result, the C.M.A(MD)No.963 of 2021 is dismissed and the
Cros.Obj(MD)No.39 of 2021 is partly allowed by enhancing the
compensation from Rs.11,50,000/- to Rs.18,84,400/-, passed in
M.C.O.P.No.61 of 2019, on the file of the Motor Accident Claims
Tribunal cum Chief Judicial Magistrate, Kanyakumari at Nagercoil.
14.The appellant/State Express Transport Corporation is directed
to deposit the entire award amount with accrued interests and costs, now
fixed by this Court, within a period of six weeks from the date of receipt
of a copy of this order, less the amount already deposited. On such
deposit, the claimants are entitled to withdraw their respective share as
per the ratio of apportionment made by the tribunal. Consequently
https://www.mhc.tn.gov.in/judis
CMA(MD)No.963 of 2021 & Cros.Obj(MD)No.39 of 2021
connected miscellaneous petition is closed. No costs. Consequently,
connected miscellaneous petition is closed.
01.12.2021
Index : Yes/No
Internet : Yes/No
vsd
Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Motor Accidents Claims Tribunal/
Chief Judicial Magistrate Court,
Nagercoil.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.963 of 2021 & Cros.Obj(MD)No.39 of 2021
S.ANANTHI, J.
vsd
CMA(MD)No.963 of 2021
and
Cros.Obj(MD)No.39 of 2021
01.12.2021
https://www.mhc.tn.gov.in/judis
