Madras High Court
Amina Beevi vs Tamil Nadu State Transport ... on 16 December, 2021
C.M.A.No.2060 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.2060 of 2014
Amina Beevi .. Appellant
Vs.
Tamil Nadu State Transport Corporation Ltd.,
Rep by its Managing Director,
Vellore Division, Vellore 9. .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
10.01.2013 made in M.C.O.P.No.26 of 2007 on the file of the Motor
Accident Claims Tribunal, Chief Small Causes Court, Chennai.
For Appellant : Mrs.M.Malar
for Mr.F.Terry Chella Raja
For Respondent : Mr.K.J.Sivakumar
JUDGMENT
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award dated 10.01.2013 made in
M.C.O.P.No.26 of 2007 on the file of the Motor Accident Claims Tribunal,
Chief Small Causes Court, Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2060 of 2014
2.The appellant is the claimant in M.C.O.P.No.26 of 2007 on the file of
the Motor Accident Claims Tribunal, Chief Small Causes Court, Chennai.
The appellant, who is the mother along with father of the deceased filed the
above said claim petition, claiming a sum of Rs.6,00,000/- as compensation
for the death of their son viz., Mohammed A Illiyas, who died in the accident
that took place on 09.03.2005. Pending M.C.O.P., the father of the deceased
died.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of the bus belonging to respondent-Transport Corporation and
directed the respondent to pay a sum of Rs.5,21,400/- as compensation to the
appellant.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellant has come out with the present appeal seeking enhancement of
compensation.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2060 of 2014
5.The learned counsel appearing for the appellant contended that at the
time of accident, the deceased was aged 22 years, doing Provisions &
Stationary business and was earning a sum of Rs.300/- per day. But the
Tribunal fixed meagre sum of Rs.4,500/- per month as notional income of the
deceased and granted 30% enhancement towards future prospects. The
Tribunal erred in applying multiplier '14' taking into consideration the age of
the mother of the deceased. The deceased was aged 22 years at the time of
accident. The appellants are entitled to 40% enhancement towards future
prospects and compensation by adopting multiplier '18'. The Tribunal has not
granted any amount towards loss of estate. The amounts awarded by the
Tribunal under the heads of loss of love and affection and funeral expenses
are meagre and prayed for enhancement of compensation.
6.Per contra, learned counsel appearing for the respondent – Transport
Corporation contended that the appellant failed to prove the avocation and
income of the deceased. In the absence of any material evidence with regard
to avocation and income, the Tribunal fixed a sum of Rs.4,500/- per month as
notional income of the deceased and the same is excessive. The total
compensation awarded by the Tribunal at Rs.5,21,400/- is not meagre and the
https://www.mhc.tn.gov.in/judis
C.M.A.No.2060 of 2014
appellant has not made out any case for enhancement of compensation and
prayed for dismissal of the appeal.
7.Heard the learned counsel appearing for the appellant as well as the
learned counsel appearing for the respondent-Transport Corporation and
perused the entire materials on record.
8.From the materials available on record, it is seen that it is the case of
the appellant that at the time of accident the deceased was doing Provisions
and Stationary business and was earning a sum of Rs.300/- per day. The
appellant failed to substantiate the same by filing document. In the absence of
any material evidence, the Tribunal considering the age of the deceased and
nature of business, rightly fixed a sum of Rs.4,500/- per month as notional
income of the deceased. The deceased was aged 22 years at the time of
accident. The Tribunal has granted 30% enhancement towards future
prospects of the deceased and adopted multiplier '14' taking into
consideration the age of the mother of the deceased. As per the judgment of
the Hon'ble Apex Court reported in 2017 (2) TNMAC 609 (SC), [National
Insurance Company Limited Vs. Pranay Sethi and others], the age of the
https://www.mhc.tn.gov.in/judis
C.M.A.No.2060 of 2014
deceased is basis for applying multiplier and the appellant is entitled to 40%
enhancement towards future prospects. As per the judgment of the Hon'ble
Apex Court reported in 2009 (2) TNMAC 1 SC Supreme Court, [Sarla
Verma & others Vs. Delhi Transport Corporation & another], the correct
multiplier applicable is '18'. The deceased was a bachelor at the time of
accident and the Tribunal has rightly deducted 50% towards personal
expenses of the deceased. Thus by granting 40% enhancement towards future
prospects and applying multiplier '18', the compensation awarded by the
Tribunal towards loss of dependency is modified to Rs.6,80,400/- {Rs.6,300/-
[(Rs.4,500/- + Rs.1,800/- (40% of Rs.4,500/-)] x 12 x 18 x ½}. The amounts
awarded by the Tribunal towards loss of love and affection and funeral
expenses are meagre and the same are hereby enhanced to Rs.40,000/- and
Rs.15,000/- respectively. The Tribunal has not awarded any amount towards
loss of estate. The appellant is entitled to a sum of Rs.15,000/- towards loss
of estate.
9.It is well settled that the Tribunal and the Courts have to award just
compensation. Though the claimant has claimed lesser compensation, the
Courts have power to grant just compensation more than the amount claimed
https://www.mhc.tn.gov.in/judis
C.M.A.No.2060 of 2014
by the claimants. Thus, the compensation awarded by the Tribunal is
modified as follows:
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Loss of pecuniary 4,91,400/- 6,80,400/- Enhanced
benefits
2. Loss of love and 20,000/- 40,000/- Enhanced
affection
3. Funeral expenses 10,000/- 15,000/- Enhanced
4. Loss of estate - 15,000/- Granted
Total Rs.5,21,400/- Rs.7,50,400/- Enhanced by
Rs.2,29,000/-
10.In the result, this Civil Miscellaneous Appeal is allowed and the
compensation awarded by the Tribunal at Rs.5,21,400/- is hereby enhanced to
Rs.7,50,400/- together with interest at the rate of 7.5% per annum from the
date of numbering of the claim petition i.e. 02.01.2007 till date of payment
(excluding the period between 21.07.2010 and 04.07.2012 during which
period the petition remained dismissed for default). The respondent-Transport
Corporation is directed to deposit the award amount now determined by this
Court, along with interest and costs, less the amount already deposited, if any,
within a period of six weeks from the date of receipt of a copy of this
https://www.mhc.tn.gov.in/judis
C.M.A.No.2060 of 2014
judgment to the credit of M.C.O.P.No.26 of 2007 on the file of the Motor
Accident Claims Tribunal, Chief Small Causes Court, Chennai. On such
deposit, the appellant is permitted to withdraw the award amount now
determined by this Court, along with interest and costs, less the amount if
any, already withdrawn by making necessary applications before the
Tribunal. The appellant is directed to pay the necessary Court fee for the
enhanced amount of compensation. No costs.
16.12.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Chief Judge,
Motor Accident Claims Tribunal,
Small Causes Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2060 of 2014
V.M.VELUMANI, J.
vkr
C.M.A.No.2060 of 2014
16.12.2021
https://www.mhc.tn.gov.in/judis
