Madras High Court
Tamil Nadu State Transport ... vs Pappan on 7 December, 2021
C.M.A.(MD)No.296 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.296 of 2021
and
C.M.P.(MD)No.2437 of 2021
Tamil Nadu State Transport Corporation,
through its General Manager,
Nagercoil. ...Appellant/Respondent
Vs.
1.Pappan
2.Prabha ...Respondents/Petitioners
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to set aside the award and decree made in M.C.O.P.No.
1235 of 2018, dated 27.09.2019 on the file of the Motor Accidents claims
Tribunal/4th Additional District Court, Tirunelveli.
For Appellant :Mr.P.Prabhakaran
For Respondents :Mr.Samuel Gunasingh
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.296 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
and decree made in M.C.O.P.No.1235 of 2018, dated 27.09.2019 on the file
of the Motor Accidents claims Tribunal/4th Additional District Court,
Tirunelveli.
2.It is a case of fatal accident. On 24.05.2018 the deceased Venu was
travelling as a rider in a two wheeler bearing Registration TN-74-AH-5148,
and at 9.00 p.m. when the motorcycle came near Joseph Convent School, a
Government bus bearing Registration No.TN-74-N-1404 in a rash and
negligent manner and hit the motorcycle on the deceased Venu. Due to the
said accident, the deceased Venu was sustained grievous injuries and died on
the spot.
3.The claimants have filed a petition in M.C.O.P.No.1235 of 2018 on
the file of the Motor Accident Claims Tribunal/IV Additional District Court,
Tirunelveli, seeking compensation of Rs.50,00,000/-.
4.Before the Tribunal, on the side of the claimants, two witnesses were
examined as P.W.1 and P.W.2 and marked nine documents as Exs.P.1 to P.9.
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C.M.A.(MD)No.296 of 2021
On the side of the appellant/respondent, one witness was examined as R.W.1
and no document was marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
respondent and also on appreciating the evidences on record, held that the
accident occurred only, due to the rash and negligent driving of the driver of
bus and directed the appellant herein to pay a sum of Rs.18,44,400/- as
compensation.
6.Against which, the appellant/respondent has filed this present appeal
to set aside the award of compensation passed by the Tribunal.
7.Heard the learned counsel appearing for the appellant and the
learned counsel appearing for the respondents and perused the materials
available on record.
8.The learned counsel for the appellant/State Transport Corporation
contended that though the claimants have not produced any document for the
proof of income of the deceased, the Tribunal has fixed an exorbitant amount
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C.M.A.(MD)No.296 of 2021
of Rs.9,000/- as monthly income of the deceased. He further contended that
since the deceased was aged 25 years at that time of accident and he is a
bachelor, 50% is to be deducted towards his personal expenses, but the
Tribunal has wrongly deducted 1/3rd towards personal expenses of the
deceased and also awarded Rs.18,44,400/- towards compensation, which is
very high. Hence, it requires modification.
9.The respondents/claimants has not filed any appeal against the award
passed by the Tribunal.
10.On perusal of records, it shows that since the age of the deceased is
25 years and he was a B.Sc. Computer Science Graduate, but no income
certificate produced by the claimant to prove his income. But the Tribunal
has fixed Rs.9,000/- towards monthly income of the deceased and the same
cannot be retained and it has to be fixed as Rs.10,000/-. The Tribunal has
awarded 40% towards future prospectus of the deceased. Therefore, the
notional income of the deceased arrived at Rs.14,000/- (Rs.10,000/- +
Rs.4000/-). Since the deceased was a bachelor on the date of the accident,
50% of his income should be deducted towards his personal expenses.
Therefore, the net income arrived at Rs.7,000/- (Rs.14,000/- x 50% =
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C.M.A.(MD)No.296 of 2021
Rs.7,000/-). Thus, Rs.7,000/- x 12 x 18 = Rs.15,12,000/- is calculated as
loss of dependency. The Tribunal did not award any amount for loss of love
and affection. Hence, this Court award Rs.40,000/- to the first respondent
and Rs.25,000/- to the second respondent for loss of love and affection.
Except the above, all the other terms of the award passed by the Tribunal is
confirmed. No evidence has been adduced by the appellant/State Transport
Corporation that the deceased did not wear helmet, at the time of accident.
Therefore, the respondents are entitled to get Rs.16,07,000/- and to that
extent, this Civil Miscellaneous Petition can be allowed.
11.Accordingly, the claimants are entitled for compensation as follows:
Sl. Compensation heads Details of amount
No.
1. Loss of Income Rs.15,12,000/-
2. Funeral Expenses Rs. 15,000/-
3. Loss of Estate Rs. 15,000/-
4. Loss of love and affection Rs. 65,000/-
Total Rs. 16,07,000/-
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
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C.M.A.(MD)No.296 of 2021
12.Finally, this Civil Miscellaneous Appeal is partly allowed. No costs.
The award amount of Rs.18,44,400/- passed by the Motor Accidents Claims
Tribunal Cum IV Additional District Court, Tirunelveli in M.C.O.P.No.1235
of 2018, dated 27.09.2019, is hereby modified. The respondents/petitioners
are entitled to get Rs.16,07,000/-. (Rupees Sixteen lakhs seven thousand
only) with interest at 7.5% p.a from the date of claim petition till the date of
realization.
13.It is submitted that the appellant has already deposited the entire
award amount with accrued interest and therefore, the appellant transport
Corporation is permitted to withdraw the excess amount with proportionate
interest. The claimants are permitted to withdraw their respective shares, as
per the ratio of apportionment made by the Tribunal. Consequently
connected miscellaneous petition is closed.
07.12.2021
Index :Yes/No
Internet:Yes/No
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.296 of 2021
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/
4th Additional District Court,
Tirunelveli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
S.ANANTHI, J.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.296 of 2021
vsd
Judgment made in
C.M.A.(MD)No.296 of 2021
and
C.M.P.(MD)No.2437 of 2021
07.12.2021
https://www.mhc.tn.gov.in/judis
