Madras High Court
M/S.Tamilnadu State Transport ... vs Muthuselvi on 10 December, 2021
C.M.A.(MD)No.1094 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.1094 of 2021
and
C.M.P.(MD)No.10423 of 2021
M/s.Tamilnadu State Transport Corporation
Limited,`
Rep.by its Managing Director,
Byepass Road, Vannarapettai,
Tirunelveli. ...Appellant/Respondent
Vs.
1.Muthuselvi
2.Minor.K.MuthuManoharan
3.Minor.K.Esai Gogul
4.E.Gopal
5.G.Mariammal ...Respondents/Petitioners
(Minor Respondent Nos.2&3 are represented
through their mother and next friend the 1st
respondent herein)
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act 1988, to call for the records relating to the order and decreetal
order, dated 04.07.2019 passed in M.C.O.P.No.338 of 2016 by the Motor
Accidents Claims Tribunal (Principal District Judge), Thoothukudi and to set
aside the same.
For Appellant :Mr.R.Rajamohan
For Respondent :Mr.S.Siva Thilakar
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1094 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
and decree made in M.C.O.P.No.338 of 2016, dated 04.07.2019 on the file of
the Motor Accidents Claims Tribunal/Principal District Judge, Thoothukudi
on the ground of quantum fixed by the Tribunal is very high.
2.It is a case of fatal accident. On 28.06.2016 at about 15.00 hours the
deceased Karthikeyan was riding the bike bearing Regn.No.TN-72-M-8871
along with one Balasubramaninan, who was pillion rider of the said bike.
When they were going on their left side of Tirunelveli – Tiruchendur main
road from East to West and was nearing Chidambaram Fertilizer Shop at
Kurumbur, a bus bearing Registration No.TN-72-N-1229, belonging to the
appellant transport Corporation, driven by its driver on the wrong side of the
said main road, in the opposite direction with high speed, without control
and observing traffic rules, in a rash and negligent manner and dashed
against the deceased. As a result, the deceased sustained multiple injuries all
over the body and immediately he was taken to the Government Hospital,
Tiruchendur and was transferred to Tirunelveli Medical College Hospital at
Palayamkottai, but he died on the way to hospital.
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C.M.A.(MD)No.1094 of 2021
3.The claimants have filed a petition in M.C.O.P.No.338 of 2016 on
the file of the Motor Accidents Claims Tribunal/Principal District Judge,
Thoothukudi, seeking compensation of Rs.75,00,000/-.
4.Before the Tribunal, on the side of the claimants, three witnesses
were examined as P.W.1 to P.W.3 and marked seventeen documents as
Exs.P.1 to P.17. On the side of the appellant/respondent herein, one witness
was examined as R.W.1 and no document has been marked. On the side of
the witness, three documents were marked as Ex.X1 to Ex.X3.
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 bus and
directed the appellant herein to pay a sum of Rs.26,62,000/- as
compensation.
6.Against which, the appellant/respondent has filed this present appeal
to set aside the award of compensation passed by the Tribunal.
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C.M.A.(MD)No.1094 of 2021
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/Transport Corporation
contended that the deceased, who was not in permanent job and hence,
applying the principle laid down by the Hon'ble Supreme Court in National
Insurance Company Ltd., Vs. Pranay Sethi and Others reported in (2017
MACD 137), the claimants were entitled only 40% for future prospects, but
the Tribunal has erred in adding 50% towards future prospects and awarded
Rs.18,000/- towards monthly income of the deceased. Hence, the award
passed by the Motor Accidents Claims Tribunal is liable to be modified.
9.The learned counsel for the respondents/claimants contended that the
Tribunal has awarded Rs.40,000/- towards loss of consortium only for the
first claimant and it has to be increased.
10.On perusal of records, it shows that the deceased was working as a
driver in DCW(P) Ltd., Arumuganeri under the contract of professional
consultants, Chennai and the tribunal has fixed Rs.12,000/- towards monthly
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1094 of 2021
income of the deceased and 50% added towards the future prospects of the
deceased. But as per the decision of the Hon'ble Supreme Court in National
Insurance Co. vs Pranay Sethi and others reported in 2017 (2) TNMAC
609, 40% should be added towards the future prospects of the deceased.
Therefore, Rs.12,000/- + Rs.4,800/- (40% of Rs.12,000/-) = Rs.16,800/-.
Since there are five dependants depending on the income of the deceased,
1/4th of the income should be deducted by the Tribunal towards the personal
expenses of the deceased is confirmed and it would amount to Rs.16,800/- x
1/4 deduction = Rs.12,600/- Further, the multiplier '16' adopted by the
Tribunal is also hereby confirmed. Thus, the loss of dependency would come
to Rs.12,600/- x 12 x 16 = Rs.24,19,200/-. Further, Rs.40,000/- awarded to
the 2 to 5 claimants each towards loss of consortium and it comes at Rs.
2,00,000/-. Except the above, all the other terms of the award passed by the
Tribunal is confirmed. Therefore, the respondents 1 to 5/claimants are
entitled to get Rs.26,49,200/- and to that extent, this Civil Miscellaneous
Appeal can be allowed.
11.Finally, this Civil Miscellaneous Appeal is partly allowed. The
award amount of Rs.26,62,000/- passed by the Motor Accidents Claims
Tribunal/Principal District Judge, Thoothukudi in M.C.O.P.No.338 of 2016,
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1094 of 2021
dated 04.07.2019, is hereby modified. The respondents 1 to 5 /claimants are
entitled to get Rs.26,49,200/-. (Rupees Twenty six lakhs forty nine thousand
and two hundred only) with interest at 7.5% p.a from the date of claim
petition till the date of realization.
12.The appellant/State Transport Corporation Ltd., is directed to
deposit the entire award amount, less the amount already deposited, within a
period of eight weeks from the date of receipt of a copy of this order. On
such deposit, the major claimants / 1, 4 and 5 respondents herein are
permitted to withdraw their respective shares with proportionate interest as
per ratio fixed by the Tribunal. The Tribunal is directed to deposit the shares
of the minor claimants / respondents 2 and 3 herein in any one of the
Nationalised Bank, in a Fixed Deposit scheme, proximate to the place of the
claimants, initially for a period of three years, renewable thereafter, till the
minor attained majority. The first respondent, who is the mother and
guardian of the minor claimants, is permitted to withdraw the accrued
interest once in three months directly from the bank, only for the welfare of
minors. Consequently connected miscellaneous petition is closed. No costs.
10.12.2021
vsd
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1094 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/
Principal District Judge,
Thoothukudi.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1094 of 2021
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD)No.1094 of 2021
and
C.M.P.(MD)No.10423 of 2021
10.12.2021
https://www.mhc.tn.gov.in/judis
