Madras High Court
M.Periyakkal vs Tamil Nadu State Transport ... on 22 February, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 22.02.2021
CORAM
THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI
CMA(MD)No.524 of 2016
1.M.Periyakkal
2.M.Meenal
3.Minor M.Nirosha
4.Minor M.Asha
5.Minor M.Anusha
Appellants 3 to 5 are minors
represented through their
mother M.Periyakkal 1st appellant) : Appellants/Petitioners
Vs.
Tamil Nadu State Transport Corporation Limited
represented through the Managing Director,
having Divisional Office at
Tirunelveli Region,
Tirunelveli. : Respondent/Respondent
PRAYER:- Civil Miscellaneous Appeal has been filed under
Section 173 of the Motor Vehicles Act, 1988 against the award,
dated 02.12.2015 made in MCOP No.503 of 2015 on the file of the
Motor Accident Claims Tribunal (VI Additional District Court),
Madurai.
https://www.mhc.tn.gov.in/judis/
2
For Appellants : Mr.M.Sarangan
For Respondent : Mr.P.Prabhakaran
JUDGMENT
This Civil Miscellaneous Appeal has been filed challenging
the award passed by the Motor Accident Claims Tribunal (VI
Additional District Court), Madurai, dated 02.12.2015 made in
MCOP No.503 of 2015.
2.The short facts of the case is that on 10.11.2014 at about
4.15 am, when the deceased Malaisamy was travelling from
Dharmapuri to Thiruppur as a passenger in TNSTC Bus TN-29-
N-2544 belonged to Dharmapuri Division and the front tyre of the
said bus got punctured and hence, the driver of the bus parked the
vehicle on the left side of the road and changing the tyre and the
deceased Malaisamy and others were standing near the punctured
bus, at that time, the bus TN-72-N-1840 came in a rash and
negligent manner on the same road from north to south direction
and hit on the back side of the punctured bus rolled down into the
pond. Due to the accident, the deceased Malaisamy was thrown
away on the road and sustained serious injuries and died on the
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spot. The legal heirs of the deceased filed a claim petition seeking
compensation of Rs.25,00,000/- for the death of the deceased due
to the accident.
3.The claimants have stated that the deceased was 47 years
at the time of accident and he was doing Government Sub-
Contractor and Agriculturist, thereby he was earning Rs.5,00,000/-
per year.
4.In the counter filed by the Transport Corporation, they
disputed the manner of accident and their liability to pay
compensation.
5.The Tribunal, on consideration of oral and documentary
evidence adduced by the parties, came to the conclusion that the
driver of the offending vehicle (TN-72-N-1840) has caused the
accident and awarded compensation of Rs.9,62,000/- together with
interest @ 7.5% p.a.
6.Heard both sides and perused the materials available on
record.
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7.The manner of the accident and the finding on negligence
are not in dispute and the appeal is confined only to quantum of
compensation awarded by the Tribunal.
8.The learned counsel for the appellants/claimants mainly
argued that the tribunal erred in awarding lesser quantum of
compensation to the claimants and failed to award a fair
compensation and the tribunal ought to have adopted correct
multiplier and erred in not taking into account the future monetary
benefits and erred in arriving at the lesser monthly income for the
deceased and the award of the tribunal under the conventional
heads are also on the lower side, hence, the award of the tribunal
has to be enhanced.
9.On the other hand, the learned counsel for the respondent
submitted that the award is reasonable, which does not warrant
any interference of this court.
10.It is not in dispute that the deceased died at the age of 47
years. Since no reliable document has been filed on the side of the
claimants to prove the income of the deceased, the tribunal has
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fixed the monthly income of the deceased at Rs.6000/-. By applying
multiplier '13' and after deducting 1/4th from the salary of the
deceased for his personal expenses, the tribunal has awarded Rs.
7,02,000/- towards loss of dependency. Further, the tribunal has
awarded Rs.5,000/- towards transportation; Rs25,000/- for funeral
expenses; Rs.30,000/- towards loss of consortium to the 1st
claimant; Rs.1,50,000/- towards loss of love and affection to the
claimants and Rs.50,000/- towards loss of future prospects and loss
of expectation of life. In total, the tribunal has awarded Rs.
9,62,000/- to the claimants along with interest @ 7.5% p.a.
11.Perusal of the records would reveal that the deceased was
doing Sub Contractor work in the Government Department and also
doing agricultural work, there he was earning Rs.3,00,000/- per
annum. Since no reliable document has been produced to prove the
income of the deceased, the tribunal has fixed the monthly income
of the deceased as Rs.6,000/-. In this case, even though, no
document has been produced on the side of the claimants,
considering the fact that the deceased was heal and health at the
time of the accident and keeping in view of the decision of the
Hon'ble Apex Court in the case of Syed Sadiq Vs. Divisional
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Manager, United India Insurance Co. Ltd., (2014(1) TN MAC
459 (SC), this court fixed the notional income of the deceased at
Rs.6,500/- per month.
12.It is settled law that in case the deceased was self-
employed or on a fixed salary, an addition of 25% of the established
income should be the warrant where the deceased was between the
age 40 to 50 years. In the instant case, the tribunal has not added
any amount towards future prospects. Hence, this court is of the
considered view that 25% has to be added towards future prospects
to calculate the income of the deceased, as per the decision of the
Hon'ble Supreme Court reported in 2017(6) CTC 493 (National
Insurance Company Limited vs. Pranay Sethi and others). By
doing so, the monthly loss of income of the deceased is calculated
at Rs.8,125/- (Rs.6,500/- + Rs.1,625/-). After deducting 1/4th
towards his personal and living expenses, the monthly income is
arrived at Rs.6,094/- (Rs.9,100/- x 1/4). By applying proper
multipler 13, this court awards Rs.9,50,664/- (Rs.6,094/- x 12 x
13) towards loss of income. In addition to that, as per the decision
in Pranay Sethi's case, this Court awards Rs.40,000/- towards
loss of consortium to the 1st claimant; Rs.15,000/- towards loss of
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estate and Rs.15,000/- towards funeral expenses. In total, the
claimants would be entitled for Rs.10,20,664/- together with
interest @ 7.5% p.a.
13.In the result, this Civil Miscellaneous Appeal is partly
allowed. The award is enhanced to Rs.10,20,664/- from Rs.
9,62,000/-. The respondent Transport Corporation is directed to
deposit the modified award amount together with interest @ 7.5%
p.a. from the date of petition till the date of deposit, less the
amount already deposited, within a period of six weeks from the
date of receipt of a copy of this judgment. On such compliance, the
1st claimant is entitled to withdraw Rs.5,20,664/- and the 2nd
claimant is entitled to withdraw Rs.1,10,000/- with accrued interest
and costs without filing any formal petition before the tribunal. The
minor claimants 3 to 5 are entitled to Rs.1,30,000/- each. Insofar
as the share of the minor claimants is concerned, the Tribunal is
directed to deposit their share in any one of the Nationalised Bank,
in a fixed deposit scheme initially for a period of three years
renewable thereafter, till they attain majority. The 1st
claimant/being the mother and guardian of minors is permitted to
withdraw the accrued interest once in three months directly from
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the Bank for the welfare of the minor children. The claimants shall
pay the additional court fee for the enhanced amount. No costs.
Index:Yes/No 22.02.2021
Internet:Yes/No
er
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI,J
er
To,
1.The Motor Accident Claims Tribunal/
VI Additional District and Sessions Court,
Madurai.
2.The Record Keeper,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
Judgement made
in CMA(MD)No.524 of 2016
22.02.2021
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
