Madras High Court
The Managing Director vs Leelavathi on 26 February, 2021
C.M.A.No.546 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.546 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation,
No.12, Ramakrishna Road,
Salem Town. .. Appellant
Vs.
1.Leelavathi
2.Revathi
3.Nanthini
4.Veerappaan
5.Muthal .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
26.03.2014 made in M.C.O.P.No.566 of 2012 on the file of the Motor
Accidents Claims Tribunal, Principal District Court, Namakkal.
For Appellant : Mr.D.Venkatachalam
1/7
http://www.judis.nic.in
C.M.A.No.546 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the award
dated 26.03.2014 made in M.C.O.P.No.566 of 2012 on the file of the Motor
Accidents Claims Tribunal, Principal District Court, Namakkal.
2.The appellant is the 2nd respondent in M.C.O.P.No.566 of 2012 on
the file of the Motor Accidents Claims Tribunal, Principal District Court,
Namakkal. The respondents 1 to 3 filed the above said claim petition claiming
a sum of Rs.15,00,000/- as compensation for the death of one Vasudevan,
who died in the accident that took place on 13.01.2012. The 5th respondent is
the mother of the deceased.
3.According to respondents 1 to 3 & 5, on 13.01.2012 at about 12.30
P.M., while the deceased Vasudevan was walking by pulling his bicycle on
the Namakkal – Paramathi Main Road at ATC, near PKV Complex, the 4 th
respondent-driver of the bus bearing Registration No.TN 27 N 1526
belonging to appellant, drove the bus in a rash and negligent manner and
dashed against the said Vasudevan and caused the accident. In the accident,
the said Vasudevan sustained multiple grievous injuries. Immediately after
http://www.judis.nic.in
C.M.A.No.546 of 2021
the accident, the said Vasudevan was given first aid treatment at CM
Hospital, Namakkal and thereafter he was admitted at Government Hospital,
Namakkal for further treatment. Inspite of treatment, the said Vasudevan
succumbed to injuries. Therefore, the respondents 1 to 3 filed the said claim
petition claiming a sum of Rs.15,00,000/- as compensation against the 4th
respondent and appellant. The 5th respondent is the mother of the deceased
and she is added as a party in the claim petition.
4.The Tribunal, considering the pleadings, oral and documentary
evidence, held that the accident occurred only due to rash and negligent
driving by the driver of the bus belonging to appellant-Transport Corporation
and directed the 4th respondent and appellant to pay a sum of Rs.5,07,000/- as
compensation to the respondents 1 to 3 & 5.
5.Challenging the quantum of compensation awarded by the Tribunal
in the award dated 26.03.2014 made in M.C.O.P.No.566 of 2012, the
appellant-Transport Corporation has come out with the present appeal.
6.The learned counsel appearing for the appellant contended that the
respondents failed to prove the age, avocation and income of the deceased by
http://www.judis.nic.in
C.M.A.No.546 of 2021
producing valid documents. In the absence of any material evidence to prove
the avocation and income, a sum of Rs.6,000/- per month fixed by the
Tribunal as notional income of the deceased is excessive. In any event, the
total compensation awarded by the Tribunal at Rs.5,07,000/- is highly
excessive and prayed for setting aside the award passed by the Tribunal.
7.Heard the learned counsel appearing for the appellant-Transport
Corporation and perused the entire materials on record.
8.From the materials available on record, it is seen that it is the claim of
the respondents 1 to 3 & 5 that the deceased was aged 58 years, working as
Manager at Gayathri Lorry Body Builder, Paramathi road, Namakkal Town
and was earning a sum of Rs.15,000/- per month at the time of accident. But
they did not file any document to prove the avocation and income of the
deceased. In the absence of any material evidence with regard to avocation
and income of the deceased, the Tribunal fixed a sum of Rs.6,000/- per month
as notional income of the deceased. The accident occurred in the year 2012
and the monthly income fixed by the Tribunal is not excessive. The deceased
was aged 58 years at the time of accident. Following the judgment of the
Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC Supreme Court,
http://www.judis.nic.in
C.M.A.No.546 of 2021
[Sarla Verma & others Vs. Delhi Transport Corporation & another], the
Tribunal rightly applied multiplier '9'. The Tribunal failed to award any
enhancement towards future prospects. As per the judgment of the Hon'ble
Apex Court reported in 2017 (2) TN MAC 609 (SC) [National Insurance
Co. Ltd. v. Pranay Sethi and others], the respondents are entitled to 10%
enhancement towards future prospects. Further, the Tribunal has awarded a
sum of Rs.25,000/- towards loss of consortium and Rs.10,000/- towards
funeral expenses and the same are meagre. The Tribunal has not awarded
any amount towards loss of estate. Hence, the compensation awarded by the
Tribunal is not excessive warranting interference by this Court.
9.In the result, this Civil Miscellaneous Appeal is dismissed and a sum
of Rs.5,07,000/- awarded by the Tribunal as compensation to the respondents
1 to 3 & 5, along with interest and costs is confirmed. The 4th respondent and
appellant-Transport Corporation are directed to deposit the award amount
along with interest and costs, less the amount if any already deposited, within
a period of twelve weeks from the date of receipt of a copy of this judgment to
the credit of M.C.O.P.No.566 of 2012 on the file of the Motor Accidents
Claims Tribunal, Principal District Court, Namakkal. On such deposit, the
respondents 1 to 3 & 5 are permitted to withdraw their respective share of the
http://www.judis.nic.in
C.M.A.No.546 of 2021
award amount as per the ratio of apportionment fixed by the Tribunal along
with proportionate interest and costs after adjusting the amount, if any already
withdrawn, by filing necessary applications before the Tribunal. No costs.
26.02.2021
krk
Index : Yes / No
Internet : Yes / No
To
1.The Principal District Judge,
Motor Accidents Claims Tribunal,
Namakkal.
2.The Section Officer,
VR Section,
High Court,
Madras.
http://www.judis.nic.in
C.M.A.No.546 of 2021
V.M.VELUMANI, J.
krk
C.M.A.No.546 of 2021
26.02.2021
http://www.judis.nic.in
