Madras High Court
The Managing Director vs S.Mohamed Shamil on 21 December, 2021
C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
and
C.M.P.(MD)Nos.11042,11044,11045,11047,11048 and 11049 of 2021
C.M.A.(MD).No.1142 of 2021
The Managing Director,
Tamil Nadu Transport Corporation Ltd.,
Periyamilaguparai,
Trichirapalli ...Appellant/Petitioner
Vs.
1.S.Mohamed Shamil
2.S.Sharmila ...Respondents/Respondents
PRAYER : Civil Miscellaneous Appeals filed under Section 173 of the
Motor Vehicles Act, 1988, to set aside the impugned award passed in
M.C.O.P.No.864 of 2016 on the file of the Motor Accidents Claims Tribunal
(Special District Judge), Trichy, dated 24.03.2021.
For Appellants :Mr.P.M.Vishnuvarthanan
For Respondents :Mr.M.Jerin Mathew
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
COMMON JUDGMENT
The Civil Miscellaneous Appeals have been directed against the
impugned award, dated 24.03.2021 made in M.C.O.P.Nos.864, 865, 1208,
866, 867, 1207 of 2016 on the file of the Motor Accident Claims
Tribunal/Special District Judge, Trichy.
2.Since the facts involved in all these civil miscellaneous appeals are
one and the same and the Court below also decided the issue by way of a
common judgement, these matters are taken up together and decided by this
common judgment.
3. The case of the claimants in nutshell is as follows:
On 05.06.2016 at about 07.15 p.m., when the deceased and others
returned to their home in the car bearing Registration No.TN-45-AS-2305
(Maruthi Car) after went to Sithanavsal Temple and parked near Pudukottai
Trichy National Highway from south to north by following the traffic rules
and regulations. At that time, near Bommadimalai bus stand, the appellant
corporation bus, bearing Registration No.TN-45-N-3594, which was driven
by its driver from north to south, in a rash and negligence manner and
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
suddenly came to west and dashed in front of the car, in which the deceased
was travelled. Due to the said accident, the deceased and two others died on
the spot and some others sustained injury. A case in Crime No.155 of 2016
under Sections 279, 337, 338 and 304(A) of IPC was registered against the
driver of the appellant transport Corporation bus.
4.The claimants filed applications in M.C.O.P.Nos.864, 865, 1208,
866, 867 and 1207 of 2016, on the file of the Motor Accident Claims
Tribunal/Special District Judge, Trichy, seeking compensation.
5.Before the Tribunal, on the side of the claimants, three witnesses
were examined as P.W.1 to P.W.3 and thirty five documents were marked as
Exs.P.1 to P.35 and on the side of the respondents, one witness was examined
as R.W.1 and no documents were marked.
6.The Tribunal, after considering the pleadings, oral and documentary
evidence and the arguments advanced on either side and also on appreciating
the evidence on record, held that the accident occurred only due to the rash
and negligent driving of the driver of the appellant Transport Corporation
Bus, and therefore, directed the appellant/State Transport Corporation to pay
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
compensation. Against which, the appellant herein has filed these present
appeals to set aside the award of compensation passed by the Tribunal.
7.Heard the learned counsel for the appellant and the learned counsel
appearing for the respondents and perused the materials available on record.
8.The learned counsel appearing for the appellant Transport
Corporation contended that the driver of the Maruthi Car was responsible for
the accident. But the Tribunal was wrong in fastening liability only on the
appellant/Transport Corporation. He also contended that the Tribunal had
awarded an exorbitant amount towards compensation in all the cases.
9. Per contra, the learned counsel appearing for the claimants in all the
cases contended that the Tribunal, after considering all the aspects of the
cases, fixed the negligence on the part of the driver of the bus and awarded a
just compensation and the same cannot be said to be on the higher side.
10.As far as the negligence aspect is concerned, the F.I.R. was
registered against the driver of the TNSTC bus, which was marked as Ex.P1
and charge sheet has also been filed, which was marked as Ex.P4. The
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
claimants in M.C.O.P.Nos.864, 865 and 866, who were examined one PW1,
who clearly stated that only the bus driver drove the bus in a rash and
negligent manner and dashed against the Maruthi Car. There was no contra
evidence against the driver of the Maruthi Car. So the Tribunal, after
considering all the facts, held that the accident occurred only due to the rash
and negligent driving of the driver of the bus and rightly fixed liability on the
appellant/Transport Corporation. There is no error in the said finding.
11.As far as quantum of compensation is concerned, in
C.M.A(MD)No.1142 of 2021, at the time of accident, the deceased was aged
about 41 years and she was working as a Tailor. The Tribunal has fixed
Rs.6,000/- as monthly income in M.C.O.P.No.864 of 2016 and considering
the age of the deceased, applying multiplier '14', which is very reasonable.
Fixation of compensation under the various other heads are all reasonable.
The Tribunal, awarding a sum of Rs.9,37,000/- as compensation for the
claimants, is reasonable and the same is confirmed.
12. In C.M.A(MD)No.1143 of 2021, at the time of accident, the deceased
was aged about 21 years and she was studying B.Com. first year student. In
M.C.O.P.No.865 of 2016, the Tribunal has fixed Rs.4,000/- as monthly
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
income and added 40% towards future prospectus. Considering the age of
the deceased, applied the multiplier '18', which is very reasonable. Fixation
of compensation under various other heads are all reasonable. Awarding a
sum of Rs.9,03,328/- as compensation for the claimants, is also reasonable
and the same is confirmed.
13.In C.M.A(MD)No.1144 of 2021, the claimant undertook treatment as
inpatient from 20.05.2017 to 14.06.2017 for injuries sustained by her. On
perusal of wound certificate Ex.C1 would show that the claimant in
M.C.O.P.No.1208 of 2016 sustained 50% of permanent disability. But the
Tribunal has granted Rs.5,000/- for 1% disability and awarded Rs.2,50,000/-
for her disability, which is very high. Hence, this Court fixed Rs.3,000/- for
1% disability and awarded Rs.1,50,000/- towards permanent disability and
also awarded Rs.30,000/- towards pain and suffering. All the other heads
awarded by the Tribunal are reasonable and confirmed the same.
Accordingly, the claimant is entitled for compensation as follows:
S.No. Head Amount granted by this
Court
1. Transportation charges Rs. 15,000/-
2. Loss of income (Rs.6,000/- x 2 months) Rs. 12,000/-
3. Extra nourishment Rs. 20,000/-
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
S.No. Head Amount granted by this
Court
4. Attendant Charge Rs. 6,000/-
5. Medical Bills Rs. 5,35,280/-
6. Pain and sufferings Rs. 30,000/-
7. Partial permanent disability Rs. 1,50,000/-
Total Rs. 7,68,280/-
Thus, the compensation awarded by the Tribunal is reduced from
Rs.8,98,280/- to Rs.7,68,280/- which would carry interest at the rate of 7.5%
per annum.
14.In C.M.A(MD)No.1145 of 2021, at the time of accident, the deceased
child was aged about 12 years and he was studying 7th standard. In
M.C.O.P.No.866 of 2016, the Tribunal has taken his mother's age and
applied the multiplier as '14' and calculated the compensation. As per the
judgment in Royal Sundaram Alliance Insurance Co. Ltd. Vs. S. Vani & Ors. reported
in (2020 ACJ 1920) (Kerala High Court), if the deceased age was below 15 years,
notional income to be fixed at Rs.45,000/- without any future prospectus and
also without deducting personal expenses. Eventhough the claimant has not
filed any appeal, the Tribunal apparently erred in fixing compensation, this
Court has enhanced the amount as per the Reshmakumari case, multiplier
will be applied as '15' for below 15 years. Hence, loss of income arrived at
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
Rs.45,000/- x 15 = Rs.6,75,000/-. All the other heads awarded by the
Tribunal are hereby confirmed. Accordingly, the claimants are entitled for
compensation as follows:
Sl. Compensation heads Details of amount
No.
1. Loss of Dependency Rs. 6,75,000/-
2. Transportation Rs. 7,000/-
3. Loss of Consortium (each Rs. Rs. 70,000/-
35,000/- x 2)
4. Funeral Expenses Rs. 10,000/-
5. Loss of estate Rs. 10,000/-
Total Rs. 7,72,000/-
Thus, the compensation awarded by the Tribunal is enhanced from
Rs.6,01,000/- to Rs.7,72,000/- which would carry interest at the rate of 7.5%
per annum.
15.In C.M.A(MD)No.1146 of 2021, at the time of accident, the claimant
in M.C.O.P.No.867 of 2016 was aged about 19 years and she was studying
12th standard. She sustained only grievous injury not permanent disability.
But the Tribunal erred in granting Rs.6,000/- towards attendant charge and
the same was deleted and awarded Rs.50,000/- towards pain and sufferings,
which is very high. Hence, this Court reduced the same and granted Rs.
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
25,000/- towards pain and sufferings. Except the aforesaid modifications, the
amount awarded in all the other heads by the Tribunal are hereby confirmed.
Accordingly, the claimant is entitled for compensation as follows:
S. Head Amount granted by this
No. Court
1. Transportation charges Rs. 15,000/-
2. Medical bills Rs. 14,750/-
3. Extra nourishment Rs. 15,000/-
4. Pain and sufferings Rs. 25,000/-
Total Rs. 69,750/-
Thus, the compensation awarded by the Tribunal is reduced from
Rs.1,00,750/- to Rs.69,750/- which would carry interest at the rate of 7.5%
per annum.
16.In C.M.A(MD)No.1147 of 2021, at the time of accident, the deceased
child was aged about 7 years and he was studying third standard. The
Tribunal has taken his mother's age in M.C.O.P.No.1207 of 2016 and applied
the multiplier as '15' and calculated the compensation. As per the judgment
in [Royal Sundaram Alliance Insurance Company Limited Vs. S.Vani and
others] reported in (2019 (2) TNMAC 223), notional income to be fixed at Rs.
45,000/-. As per Sarala Verma Case multiplier will be applied '15' . Hence,
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
loss of income arrived at Rs.45,000/- x 15 = Rs.6,75,000/-. Except the
aforesaid modifications, all the other heads awarded by the Tribunal are
hereby confirmed. Accordingly, the claimants are entitled for compensation
as follows:
Sl. Compensation heads Details of amount
No.
1. Loss of Dependency Rs. 6,75,000/-
2. Transportation Rs. 7,000/-
3. Loss of Consortium (each Rs. Rs. 70,000/-
35,000/- x 2)
4. Funeral Expenses Rs. 10,000/-
5. Loss of estate Rs. 10,000/-
Total Rs. 7,72,000/-
Thus, the compensation awarded by the Tribunal is enhanced from
Rs.6,37,000/- to Rs.7,72,000/- which would carry interest at the rate of 7.5%
per annum.
17. These Civil Miscellaneous Appeals in C.M.A(MD)Nos.1142 and 1143
of 2021 are dismissed. The appellant /Tamil Nadu State Transport
Corporation, is directed to deposit the compensation awarded by the Tribunal
together with interest at the rate of 7.5% per annum from the date of claim
petition till the date of deposit to the credit of M.C.O.P.Nos.864 and 865 of
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
2016 respectively on the file of the Motor Accident Claims Tribunal / Special
District Judge, Trichy within a period of six weeks from the date of receipt of
a copy of this order. On such deposit being made, the claimants are entitled to
withdraw the same, by filing necessary application before the Tribunal. The
ratio of apportionment made by the Tribunal shall be kept intact. No costs.
Consequently, connected Civil Miscellaneous Petitions C.M.P(MD)Nos.
11042 and 11044 of 2021 are closed.
18. The Civil Miscellaneous Appeal in C.M.A(MD)No.1144 of 2021 is
partly allowed. The quantum of compensation awarded by the Tribunal is
reduced from Rs.8,98,280,/- to Rs.7,68,280/-. The appellant/State Transport
Corporation is directed to deposit the compensation amount i.e.,
Rs.7,68,280/- less the amount already deposited together with interest at the
rate of 7.5% per annum from the date of claim petition till the date of deposit
to the credit of MCOP.No.1208 of 2016 on the file of the Motor Accident
Claims Tribunal / Special District Judge, Trichy within a period of six weeks
from the date of receipt of a copy of this order. On such deposit being made,
the claimant is entitled to withdraw the same, by filing necessary application
before the Tribunal. No costs. Consequently, connected Civil Miscellaneous
Petition C.M.P(MD)No.11045 of 2021 is closed.
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
19.The Civil Miscellaneous Appeal in C.M.A(MD)No.1145 of 2021 is
partly allowed. The quantum of compensation awarded by the Tribunal is
enhanced from Rs.6,01,000/- to Rs.7,72,000/-. The appellant/State Transport
Corporation is directed to deposit the compensation amount i.e.,
Rs.7,72,000/- less the amount already deposited together with interest at the
rate of 7.5% per annum from the date of claim petition till the date of deposit
to the credit of MCOP.No.866 of 2016 on the file of the Motor Accident
Claims Tribunal / Special District Judge, Trichy within a period of six weeks
from the date of receipt of a copy of this order. On such deposit being made,
the claimants are entitled to withdraw the same as per the order passed by
the Tribunal after following due process of law. The ratio of apportionment
made by the Tribunal shall be kept intact. No costs. Consequently,
connected Civil Miscellaneous Petition C.M.P(MD)No.11047 of 2021 is
closed.
20.The Civil Miscellaneous Appeal in C.M.A(MD)No.1146 of 2021 is
partly allowed. The quantum of compensation awarded by the Tribunal is
reduced from Rs.1,00,750/- to Rs.69,750/-. The appellant/State Transport
Corporation is directed to deposit the compensation amount i.e., Rs.69,750/-
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
less the amount already deposited together with interest at the rate of 7.5%
per annum from the date of claim petition till the date of deposit to the credit
of MCOP.No.867 of 2016 on the file of the Motor Accident Claims Tribunal /
Special District Judge, Trichy within a period of six weeks from the date of
receipt of a copy of this order. On such deposit being made, the claimant is
entitled to withdraw the same, by filing necessary application before the
Tribunal. No costs. Consequently, connected Civil Miscellaneous Petition
C.M.P(MD)No.11048 of 2021 is closed.
21.The Civil Miscellaneous Appeal in C.M.A(MD)No.1147 of 2021 is
partly allowed. The quantum of compensation awarded by the Tribunal is
enhanced from Rs.6,01,000/- to Rs.7,72,000/-. The appellant/State Transport
Corporation is directed to deposit the compensation amount i.e.,
Rs.7,72,000/- less the amount already deposited together with interest at the
rate of 7.5% per annum from the date of claim petition till the date of deposit
to the credit of MCOP.No.1207 of 2016 on the file of the Motor Accident
Claims Tribunal / Special District Judge, Trichy within a period of six weeks
from the date of receipt of a copy of this order. On such deposit being made,
the claimants are entitled to withdraw the same as per the order passed by
the Tribunal after following due process of law. The ratio of apportionment
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
made by the Tribunal shall be kept intact. No costs. Consequently, connected
Civil Miscellaneous Petition C.M.P(MD)No.11049 of 2021 is closed.
21.12.2021
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/
Special District Judge,
Trichy.
2. The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
S.ANANTHI, J.
vsd
Judgment made in
C.M.A.(MD).Nos.1142, 1143, 1144, 1145, 1146 and 1147 of 2021
and
C.M.P.(MD)Nos.11042,11044,11045,11047,11048 and 11049 of 2021
21.12.2021
https://www.mhc.tn.gov.in/judis
