Madras High Court
Manavalan vs The Managing Director on 29 July, 2021
C.M.A.No.41 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.41 of 2020
1.Manavalan
2.Kamakshi .. Appellants
Vs.
The Managing Director,
Metropolitan Transport Corporation Ltd.,
Chennai-2. .. Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the Judgment and Decree dated
07.08.2019 made in M.C.O.P.No.5524 of 2016 on the file of the Motor
Accident Claims Tribunal, Principal Special Judge, Special Court under E.C
& NDPS Act, Chennai-104.
For Appellants : Mr.R.Nalliyappan
For Respondent : K.Moorthy
1/8
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C.M.A.No.41 of 2020
JUDGMENT
The matter is heard through “Video Conferencing/Hybrid mode”.
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the award dated 07.08.2019 made in
M.C.O.P.No.5524 of 2016 on the file of the Motor Accident Claims Tribunal,
Principal Special Judge, Special Court under E.C & NDPS Act, Chennai-104.
2.The appellants are the claimants in M.C.O.P.No.5524 of 2016 on the
file of the Motor Accident Claims Tribunal, Principal Special Judge, Special
Court under E.C & NDPS Act, Chennai-104. They filed the above said claim
petition, claiming a sum of Rs.22,00,000/- as compensation for the death of
one Saradha, who died in the accident that took place on 08.08.2016.
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 and directed the respondent-Transport Corporation to
pay a sum of Rs.6,44,500/- as compensation to the appellants.
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C.M.A.No.41 of 2020
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.Mr.R.Nalliyappan, learned counsel appearing for the appellants
contended that at the time of accident, the deceased Saradha was aged 54
years and was earning a sum of Rs.500/- per day. But the Tribunal fixed a
meagre sum of Rs.7,500/- per month (Rs.250/- X 30 days) as notional income
of the deceased. The Tribunal ought to have fixed a sum of Rs.9,500/- as
monthly income of the deceased as claimed by the appellants and awarded
compensation. The Tribunal failed to award any amount towards loss of
estate and prayed for enhancement of compensation.
6.Per contra, K.Moorthy, learned counsel appearing for the sole
respondent contended that the appellants failed to prove the avocation and
income of the deceased. In the absence of any material evidence with regard
to avocation and income, a sum of Rs.7,500/- per month fixed by the Tribunal
as notional income of the deceased is not meagre. The Tribunal considering
the entire materials on record, has awarded a sum of Rs.6,44,500/- as
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C.M.A.No.41 of 2020
compensation to the appellants and the same is not meagre. The appellants
have not made out any case for enhancement of compensation and prayed for
dismissal of the appeal.
7.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the sole respondent/Transport Corporation and
perused the entire materials on record.
8.The claimants are the husband and daughter of the deceased. It is the
case of the appellants that at the time of accident the deceased aged 54 years
and was earning a sum of Rs.500/- per day. Except oral evidence, the
appellants have not filed any document to prove the avocation and income of
the deceased. In the absence of any document with regard to avocation and
income, the Tribunal considering the age and nature of work done by the
deceased, fixed a sum of Rs.7,500/- per month as notional income of the
deceased. The accident is of the year 2016. The cost of living has increased
enormously and salary of even unskilled workers has increased substantially.
Hence, a sum of Rs.9,500/- per month as claimed by the appellants is fixed as
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C.M.A.No.41 of 2020
notional income of the deceased. The deceased was aged 54 years at the time
of accident as per the claim made in the claim petition. The Tribunal
following the judgments of the Hon'ble Apex Court reported in 2009 (2)
TNMAC 1 SC Supreme Court, [Sarla Verma & others Vs. Delhi Transport
Corporation & another] and 2017 (2) TNMAC 609 (SC), [National
Insurance Company Limited Vs. Pranay Sethi and others], rightly applied
multiplier '11' and granted 10% enhancement towards future prospects. There
are two dependants of the deceased and the Tribunal has rightly deducted
50% towards personal expenses of the deceased. Thus, by fixing Rs.9,500/-
per month as notional income of the deceased, the compensation awarded by
the Tribunal towards loss of dependency is modified to Rs.6,89,700/-
{Rs.10,450/- [Rs.9,500/- + Rs.950/- (10% of Rs.9,500/-)] X 12 X 11 X 1/2}.
The Tribunal has not awarded any amount towards loss of estate. This Court
is of the considered view that the amounts awarded by the Tribunal under
other heads are just and reasonable and hence, the same are hereby
confirmed. Thus, the compensation awarded by the Tribunal is modified as
follows:
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C.M.A.No.41 of 2020
S. Description Amount Amount Award confirmed
No awarded by awarded by this or enhanced or
Tribunal Court granted
(Rs) (Rs)
1. Loss of dependency 5,44,500/- 6,89,700/- Enhanced
2. Loss of estate - 10,000/- Granted
3. Funeral expenses 20,000/- 20,000/- Confirmed
4. Loss of consortium 40,000/- 40,000/- Confirmed
Loss of love & 40,000/- 40,000/- Confirmed
5 affection
Total Rs.6,44,500/- Rs.7,99,700/- Enhanced by
Rs.1,55,200/-
In the result, this Civil Miscellaneous Appeal is partly allowed and the
compensation awarded by the Tribunal at Rs.6,44,500/- is hereby enhanced to
Rs.7,99,700/- together with interest at the rate of 7.5% per annum from the
date of petition till the date of deposit. The sole respondent-Transport
Corporation is directed to deposit the award amount now determined by this
Court, along with interest and costs, less the amount already deposited, if any,
within a period of six weeks from the date of receipt of a copy of this
judgment to the credit of M.C.O.P.No.5524 of 2016 on the file of the Motor
Accident Claims Tribunal, Principal Special Judge, Special Court under E.C
& NDPS Act, Chennai-104. On such deposit, the appellants are permitted to
withdraw their respective share of the award amount now determined by
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C.M.A.No.41 of 2020
this Court, as per the ratio of apportionment fixed by the Tribunal, along with
proportionate interest and costs, less the amount if any, already withdrawn by
making necessary applications before the Tribunal. No costs.
29.07.2021
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Index : Yes / No
Internet : Yes / No
To
1.The Principal Special Judge,
Special Court under E.C & NDPS Act,
Motor Accident Claims Tribunal,
Chennai-104.
2.The Section Officer,
VR Section,
High Court of Madras
Chennai.
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C.M.A.No.41 of 2020
S.KANNAMMAL, J.
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C.M.A.No.41 of 2020
29.07.2021
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