Madras High Court
M/S.Tamilnadu State Transport ... vs Petchiammal on 23 February, 2021
C.M.A.(MD)No.179 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.02.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A.(MD)No.179 of 2021
and
C.M.P.(MD)No.1500 of 2021
M/s.Tamilnadu State Transport Corporation Limited,
Rep by its Managing Director,
No.2, Thiruvananthapuram Road,
Vannarapettai, Tirunelveli ... Appellant
Vs.
1.Petchiammal
2.Minor Dharamani
3.Rasammal
4.Poolayya Devar ... Respondents
(Second respondent/minor represented through her mother, first
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 05.09.2019 passed in MCOP. No.637 of 2018
by the Motor Accident Claims Tribunal (III Additional District Judge)
Tirunelveli and to set aside the same.
For Appellant : Mr.R.Rajamohan
For Respondents : Mr.V.Sakthivel
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.179 of 2021
JUDGMENT
This Civil Miscellaneous Petition has been filed to set aside the
order dated 05.09.2019 passed in MCOP.No.637 of 2018 by the Motor
Accident Claims Tribunal (III Additional District Judge) Tirunelveli.
2.It is a case of fatal. The manner of the accident is not in
dispute. The Tribunal has awarded a sum of Rs.15,000/- towards loss
of estate; Rs.15,000/- towards funeral expenses; Rs.1,60,000/-towards
Filial Consortium; Rs.60,000/- towards loss of love and affection;
Rs.20,16,000/- towards loss of dependency, totally a sum of
Rs.22,66,000/- has been awarded as compensation, with 7.5% interest
per annum from the date of petition till the date of realization.
Aggrieved over the same, the appellant / Insurance Company has filed
this appeal seeking to set aside the award passed by the Tribunal.
3.The learned counsel appearing for the appellant would submit
that the monthly income of the deceased had not been proved and the
Tribunal erred in fixing the notional monthly income of the deceased
as Rs.10,000/-, which appears to be on higher side. The Tribunal
ought not to have fixed Rs.10,000/- as monthly income in the absence
of proof by the claimants to substantiate their claim towards loss of
income. Therefore, the appellant/Insurance Company filed the
present appeal to set aside the award passed by the Tribunal.
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C.M.A.(MD)No.179 of 2021
4.The learned counsel appearing for the respondents/ claimants
brought to the notice of this Court to the ID card issued by the
Corporation of Tirunelveli stating that the deceased was a sugarcane
juice seller, which was also marked as Ex.P5 and therefore, the
Tribunal fixed a sum of Rs.10,000/- as monthly income and there is no
infirmity. Therefore, he would pray to dismiss this appeal.
5.Heard the learned counsel for the appellant as well as the
respondents and perused the records carefully.
6.The accident is of the year 2018. At the time of the accident,
the claimant was aged about 35 years. The above appeal has been
filed questioning the quantum. Perusal of records shows that the
deceased was a sugarcane juice seller and ID card issued by the
Corporation of Tirunelveli was also marked as Ex.P.5 and therefore, I
do not find any infirmity in fixing of income. As far as consortium is
concerned, the learned Judge awarded Rs.40,000/- to each claimants
and for love and affection, the learned Judge awarded Rs.15,000/- to
each claimants. Therefore, in my considered opinion there need not
be any compensation on the head of love and affection. Hence, the
award passed by the Tribunal under the head love and affection ought
to be deleted.
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C.M.A.(MD)No.179 of 2021
7.Except the above modification, the compensation under other
heads are not interfered with. Accordingly, the award passed by the
Tribunal is modified from Rs.22,66,000/- to Rs.22,06,000/-. So far as
the interest is concerned, the rate of interest i.e., 7.5% p.a., fixed by
the Tribunal is confirmed. Thus, the compensation is calculated as
follows:
Loss of dependency Rs.20,16,000/-
Loss of estate Rs.15,000/-
Funeral Expenses Rs.15,000/-
Filial Consortium Rs.1,60,000/-
(Rs.40,000/- to each claimants)
Total modified Compensation Rs.22,06,000/-
8.The learned counsel appearing for the appellant would submit
that the entire award amount has already been deposited and
therefore, Rs.60,000/- shall be repaid to the appellant. In view of the
above, the respondents/claimants are permitted to withdraw the
entire amount awarded with accrued interest and costs without filing
an application before the Tribunal. The shares of the second
respondent/minor shall be deposited in a Nationalized Bank in Fixed
Deposit till she attains majority. The interest accruing on such
deposit is permitted to be withdrawn by the 1 st respondent/mother of
minor, once in three months directly from the bank. After attaining
majority, it is for the minor claimant to withdraw her share by making
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C.M.A.(MD)No.179 of 2021
necessary application before the Tribunal discharging guardianship.
9.This Civil Miscellaneous Appeal is accordingly partly allowed.
No costs. Consequently, connected miscellaneous petition is closed.
23.02.2021
Index :yes/No
Internet:yes/No
gns
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
The Motor Accident Claims Tribunal (III Additional District Judge)
Tirunelveli
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD)No.179 of 2021
J.NISHA BANU, J.
gns
C.M.A.(MD)No.179 of 2021
23.02.2021
https://www.mhc.tn.gov.in/judis/
