Madras High Court
The Managing Director vs Uma on 8 June, 2021
C.M.A.No.1571 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2021
CORAM :
THE HON'BLE MR.JUSTICE N.KIRUBAKARAN
and
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
C.M.A.No.1571 of 2021
and
C.M.P.No.8180 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.
Division-I, Kumbakonam. ... Appellant
Vs
1.Uma
2.Minor Riksvathi,
D/o. Chelladurai (Late)
3.Minor Adesh,
S/o. Chellaudurai (Late)
(Minors 2 and 3 represented by their
Mother Uma)
4.Malar
5.Asaithambi ..Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree dated
29.07.2020 made in M.C.O.P.No.52 of 2018 on the file of the Motor
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C.M.A.No.1571 of 2021
Accident Claims Tribunal, Sessions Judge, Fast Track Mahila Court,
Nagapattinam.
For Appellant : Mr.L.Ramanathan
JUDGMENT
(Judgment of the Court was delivered by N.KIRUBAKARAN, J)
The appeal has been preferred by the Transport Corporation
aggrieved over the award passed by the Tribunal in the claim petition
filed by the respondents for the death of one Mr.Chellathurai, a fish
merchant, aged about 31 years in the accident occurred on 14.07.2018.
When the deceased was proceeding in the Motor cycle, from East to west
direction on Thiruthuraipoondi to Vedharanyam Road near
Koovathevankadu Division Road, the bus bearing Reg. No.TN 68 N
0361 belonging to the Appellant / Corporation was driven by its driver
rashly and negligently and dashed against the motorcycle driven by the
deceased causing accident and consequently, death of the victim.
2.Heard Mr.L.Ramanathan, learned Counsel appearing for the
appellant.
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C.M.A.No.1571 of 2021
3.The learned counsel for the appellant very effectively would
submit that the deceased at the the time of accident was not having any
valid driving license and was not wearing helmet and the head injuries
caused in the accident were responsible for the death of the deceased.
Therefore, there is negligence on the part of the deceased.
4.The Tribunal based on the pleadings and evidence found that
the accident occurred, because of the rash and negligent driving of the
driver of the transport Corporation by relying upon P.W.2 Eye-witness
who spoke that the accident occurred because of the rash and negligent
driving of the bus without blowing horn and dashed against the two
wheeler. The FIR Ex.P1 was also registered against the driver of the
appellant / Transport Corporation. There is no contra evidence adduced
by the appellant to show that the accident occurred because of the
negligence of the victim. In view of that the findings rendered by the
Tribunal that the accident occurred because of the rash and negligent
driving of the bus is confirmed.
5.A perusal of the award would denote that the Tribunal
determined the notional monthly income of the deceased at
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C.M.A.No.1571 of 2021
Rs.14,108.52/- which is rounded to Rs.14,100/-, taking Rs.280/- as a
daily earning of the deceased as he was selling fish, in the absence of any
document to show his income. The Daily income has been fixed based on
the income fixed in the Judgment of this Court in “Andal and two
others..Vs.. Avinav Kannan and New India Assurance Company Ltd.,
Chennai reported in 2019(I) TNMAC 54(DB)”. Therefore, the
determination of monthly income at Rs.14,100/- is confirmed and
6.40% was added as future prospects as per the judgment of the
Hon'ble Supreme Court of India in National Insurance Company Vs.
Pranay Sethi in SLP (Civil) No.25590/2014 dated 31.10.2017 “
reported in 2017 ACJ 2700.” since the deceased is aged about 31 years
at the time of the accident and therefore 40% was added in the monthly
income to Rs.14,100/- + Rs.5,640/- = Rs.19,740/- and the annual income
was arrived at a sum of Rs.2,36,880/-.
7.The deceased at the time of accident was aged about 31 years
and left behind the wife, and two minor children aged about three and
five years and parents. Therefore, the Tribunal rightly deducted 1/4th
towards personal expenses and determined the annual income at
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C.M.A.No.1571 of 2021
Rs.1,77,660/- after deducting his personal expense of Rs.59,220/-. As
per the Judgment of the Supreme Court in "Sarala Varma Vs. Delhi
Transport Corporation reported in 2009 (2) TNMAC 677", the correct
multiplier for the age of 31 years is 16 and the same was rightly followed
by the Tribunal and the Loss of Income was determined at Rs.28,42,560/-
8.The Tribunal rightly awarded Rs.40,000 towards loss of
consortium as per the judgment Hon'ble Supreme Court of India in
National Insurance Company Vs. Pranay Sethi in SLP (Civil)
No.25590/2014 dated 31.10.2017 “ reported in 2017 ACJ 2700” to the
first respondent. Though Mr.L.Ramanathan, learned counsel for the
appellant would contend that award of Rs.2,00,000/- towards Love and
Affection is on the higher side and the same is liable to be reduced,
award of Rs.2,00,000/- to the respondents 2 to 5 is not on the higher side.
The amount awarded to Loss of Love and Affection who are aged about
three and five and the parents is akin to the amount awarded towards loss
of consortium. Moreover the children who are aged about three and five
years, lost the father's Love and Affection throughout their lives.
Therefore, the amount cannot be said to be on the higher side and the
same is confirmed.
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C.M.A.No.1571 of 2021
9.A sum of Rs.15,000/- awarded to loss of estate and
Rs.5,000/- towards transportation and Rs.15,000/- towards Funeral
Expenses is appropriate and the same is confirmed. The Tribunal
awarded 7.5 % interest from the date of petition dated 23.10.2018 and
the same is confirmed. Therefore, the award amount of Rs.31,17,560/-
with 7.5% interest is very reasonable and just compensation and this
Court does not requires any interference. Hence, the appeal fails and the
same is dismissed.
10.The appellant is directed to deposit the entire award amount
as per the Judgment of the Tribunal along with interest and costs after
deducting the amount, if any, already deposited, within a period of eight
weeks from the date of receipt of a copy of this Judgment. On such
deposit being made, the tribunal is directed to transfer the respective
shares of the Respondents through RTGS within a period of one week
except the shares of the 2nd and 3rd Respondents/minors, which shall be
deposited in any one of the Nationalized Banks in interest bearing Fixed
Deposit till they attain majority.
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C.M.A.No.1571 of 2021
11. Accordingly, this appeal is dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
12.Call the matter after eight weeks either to file an affidavit
for having complied with the order passed by this Court failing which
Chairman-cum-Managing Director and Chief Financial Officer-cum-
Chief Accounts Officer shall appear before this Court.
(N.K.K.,J.) (T.V.T.S.,J.)
08.06.2021
rri/ay
To
The Motor Accident Claims Tribunal,
Sessions Judge, Fast Track Mahila Court,
Nagapattinam.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1571 of 2021
N.KIRUBAKARAN, J.
and
T.V.THAMILSELVI, J.
rri/ay
C.M.A.No.1571 of 2021
08.06.2021
https://www.mhc.tn.gov.in/judis/
