Madras High Court
Sasikala vs The Managing Director on 21 January, 2021
C.M.A.No.3466 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.A.No.3466 of 2019
1. Sasikala
2.Thangadurai
3.Tamilarasan .. Appellants
Vs.
The Managing Director
Tamil Nadu State Transport Corporation Ltd.
Villupuram. .. Respondent
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgment and decree dated 27.03.2019 made
in M.C.O.P.No.100 of 2019 on the file of Motor Accident Claims Tribunal,
Additional District Court, Ariyalur.
For Appellants : Mr.P.Parthi Kannan
for Mr.S.Kaithamalai Kumaran
For Respondent : Mr.K.J.Sivakumar
1/7
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C.M.A.No.3466 of 2019
JUDGMENT
This matter is heard through 'Video-conferencing'.
The Civil Miscellaneous Appeal is filed for enhancement of
compensation granted by the Tribunal in the award dated 27.03.2019 made in
M.C.O.P.No.100 of 2019 on the file of Motor Accident Claims Tribunal,
Additional District Court, Ariyalur.
2.The appellants are claimants in M.C.O.P.No.100 of 2019 on the file
of Motor Accident Claims Tribunal, Additional District Court, Ariyalur. They
filed the said claim petition claiming a sum of Rs.20,00,000/- as
compensation for the death of one Ezhilarasan, who died in the accident that
took place on 10.12.2016.
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 the respondent/Transport Corporation and
directed the respondent to pay a sum of Rs.9,37,200/- as compensation to
the appellants 1 and 2.
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C.M.A.No.3466 of 2019
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellants contended that the
Tribunal without considering the age of the deceased, fixed a meagre sum of
Rs.6,000/- per month as notional income of the deceased. The appellants 1
and 2 have lost their elder son at young age. The Tribunal ought to have
awarded compensation towards loss of love and affection. The amounts
awarded by the Tribunal towards funeral expenses and loss of estate are
meagre and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the
respondent/Transport Corporation contended that the Tribunal considering
the age of the deceased, fixed the monthly income of the deceased as
Rs.6,000/-, which is not meagre. The total compensation awarded by the
Tribunal under different heads are not meagre. The appellants have not made
out any case for enhancement of compensation and prayed for dismissal of
the appeal.
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C.M.A.No.3466 of 2019
7.Heard the learned counsel appearing for the appellants as well as the
respondent/Transport Corporation and perused the entire materials available
on record.
8.From the materials on record, it is seen that it is the contention of the
appellants that the deceased was aged 18 years at the time of accident and
was studying XII standard in a private school. The deceased was earning a
sum of Rs.12,000/- per month by doing silk weaving business. The appellants
failed to produce any material evidence to prove that the deceased was
studying XII standard in a private school and failed to prove his avocation
and income. In the absence of any material evidence, the Tribunal fixed a sum
of Rs.6,000/- per month as notional income of the deceased. The accident is
of the year 2016 and the notional income fixed by the Tribunal is meagre.
Hence, a sum of Rs.8,000/- per month is fixed as notional income of the
deceased. The Tribunal applied multiplier '18', granted 40% enhancement
towards future prospects and deducted 1/2 towards personal expenses, which
are proper. Thus, the compensation awarded by the Tribunal towards loss of
dependency is modified to Rs.12,09,600/- (Rs.8,000/- + 3200 [Rs.8,000/- X
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C.M.A.No.3466 of 2019
40%] X 12 X 18 X 1/2). The Tribunal has not awarded any compensation
towards loss of love and affection. Considering that the appellants 1 and 2
have lost their elder son at young age, a sum of Rs.40,000/- is awarded
towards loss of love and affection. The amounts awarded by the Tribunal
towards funeral expenses and loss of estate are just and reasonable and hence,
the same are hereby confirmed. Thus, the compensation awarded by the
Tribunal is modified as follows:
S.No Description Amount Amount awarded Award
awarded by by this Court confirmed or
Tribunal (Rs) enhanced or
(Rs) granted or
reduced
1. Loss of 9,07,200 12,09,600 Enhanced
dependency
2. Loss of love - 40,000 Granted
and affection
3. Funeral 15,000 15,000 Confirmed
expenses
4. Loss of estate 15,000 15,000 confirmed
Total 9,37,200 12,79,600 Enhanced by
Rs.3,42,400/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.9,37,200/- is hereby
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C.M.A.No.3466 of 2019
enhanced to Rs.12,79,600/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The
respondent/Transport Corporation is directed to deposit the enhanced award
amount now determined by this Court along with interest and costs, less the
amount already deposited, if any, within a period of twelve weeks from the
date of receipt of a copy of this judgment. On such deposit, the appellants 1
and 2 are permitted to withdraw their respective share of the award amount
now determined by this Court as per the apportionment fixed by the Tribunal
along with proportionate interest and costs, less the amount if any, already
withdrawn. No costs.
21.01.2021
Index : Yes / No
kj
To
1.The Additional District Judge
(Motor Accident Claims Tribunal
Ariyalur.
2.The Section Officer
V.R.Section
High Court, Chennai.
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C.M.A.No.3466 of 2019
V.M.VELUMANI, J.,
kj
C.M.A.No.3466 of 2019
21.01.2021
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