Madras High Court
The Managing Director vs Lakshmi on 14 June, 2021
C.M.A.No.1253 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A.No.1253 of 2020
and
C.M.P.Nos.8290 and 5877 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Kumbakonam Division,
No.27, Railway Station New Road,
Periyamilaguparai, Trichy 620 001. .. Appellant
Versus
1. Lakshmi
2. Minor Abinaya
(Minor rep. by her mother Lakshmi
as natural guardian and next friend) .. Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 against the judgment and decree dated 05.12.2018 made
in MCOP No.6672 of 2013 on the file of the Motor Accident Claims
Tribunal, Small Causes Court IV, Chennai
1/9
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C.M.A.No.1253 of 2020
For appellant : Mr.Venkatachalam D
For respondents : Mr.S.Parthasarathy
JUDGMENT
(The Judgment of the Court was delivered by R.SUBBIAH,J)
The appeal is heard through video conferencing.
2. Questioning the quantum of compensation awarded by the Motor
Accident Claims Tribunal, Small Causes Court IV, Chennai, in
MCOP.No.6672 of 2013, dated 05.12.2018, the present appeal has been
filed by the Transport Corporation.
3. The respondents 1 and 2, who are the wife and daughter of the
deceased Rajesh, are the claimants before the Tribunal. The case of the
claimants is that on 22.12.2012 at 02.30 hours, while the deceased was
riding a two-wheeler on the GST Road, near Thenpasar Village,
Tindivanam, a Bus bearing Registration No.TN-45-N-2910 belonging to the
TNSTC, came behind the two-wheeler in a rash and negligent manner,
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C.M.A.No.1253 of 2020
endangering the public safety and dashed against the two-wheeler. Due to
the impact, the deceased fell down and sustained grievous injuries and died
on the spot.
4. It is the further case of the claimants that the deceased was working
as a Lorry Driver and earning Rs.30,000/- per month. Due to the sudden
demise of the deceased, the claimants lost their livelihood.
5. The claim petition was resisted by the Transport Corporation by
filing a counter statement denying the manner of the accident as projected
by the claimants in the claim petition. They also denied the avocation and
income mentioned in the claim petition. Thus, they sought for dismissal of
the claim petition.
6. In order to prove the claim before the Tribunal, the first
claimant/wife of the deceased, examined herself as PW1, besides examining
one Mr.Palani as PW2 and marked Exs.P-1 to P-11. On the side of the
Transport Corporation, one Mr.Rajasekaran, who is the Conductor of the
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C.M.A.No.1253 of 2020
said Bus, was examined as RW1, but no document was marked.
7. The Tribunal, after analysing the entire evidence, came to the
conclusion that the accident had occurred due to the rash and negligent
driving of the driver of the Transport Corporation Bus and passed an Award
for a sum of Rs.31,26,000/- as compensation. The break-up details of the
amounts awarded by the Tribunal under various heads are as follows:
Sl.No. Amounts awarded by the Amount in Rs.
Tribunal under the heads
1. Loss of Contribution to the
family 28,56,000
2. Loss of Love and Affection 2,00,000
3. Loss of Estate 15,000
4. Consortium 40,000
5. Funeral Expenses 15,000
Total 31,26,000
8. The learned counsel for the appellant / Transport Corporation
submitted that the only grievance in the appeal is that the Tribunal, after
awarding a sum of Rs.40,000/- under the head Loss of Consortium, again
awarded a sum of Rs.2,00,000/- under the head "Loss of Love and
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C.M.A.No.1253 of 2020
Affection". As per the judgment of the Supreme Court in the case of
National Insurance Company Limited vs. Pranay Sethi and others [(2017)
16 SCC 680], the Tribunal cannot award a sum of Rs.2,00,000/- under the
head "Loss of Love and Affection". As per the dictum laid down by the
Supreme Court in the said decision, only a sum of Rs.40,000/- could be
awarded to each of the claimants. Thus, he sought for reducing the
compensation amount awarded under the head "Loss of Love and
Affection".
9. This Court heard the submissions made on either side and perused
the materials available on record.
10. Since the appeal has been filed only against the amount awarded
under the head "Loss of Love and Affection", we are not traversing on the
other aspects of the case. Considering the submissions of the learned
counsel for the appellant and following the dictum laid down by the
Supreme Court in the case of Pranay Sethi and others (referred supra), the
sum of Rs.2,00,000/- awarded by the Tribunal under the head "Loss of Love
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C.M.A.No.1253 of 2020
and Affection" is set aside, instead, a sum of Rs.40,000/- is awarded to the
second respondent/minor claimant under such head.
11. Further, since no amount is awarded under the head
"Transportation Expenses", and hence, a sum of Rs.20,000/- is awarded
under such head.
12. Except the above modifications, the amounts awarded by the
Tribunal under all the other heads are just and fair, and hence they are
confirmed. The total compensation amount payable to the claimants is re-
determined as mentioned below:
Sl.No. Amounts awarded Amounts Amounts awarded
under the heads awarded by the by this Court (in Rs.)
Tribunal (in Rs.)
1. Loss of Contribution to the 28,56,000 28,56,000
family
2. Loss of Love and Affection 2,00,000 40,000
3. Loss of Estate 15,000 15,000
4. Consortium 40,000 40,000
5. Funeral Expenses 15,000 15,000
6. Transportation Expenses - 20,000
Total 31,26,000 29,86,000
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C.M.A.No.1253 of 2020
13. Thus, the total compensation of Rs.31,26,000/- awarded by the
Tribunal is hereby reduced to Rs.29,86,000/- (Rupees twenty nine lakhs and
eighty six thousand only), which shall carry interest at 7.5% from the date of
claim petition till the date of payment. The appellant/Insurance Company is
directed to deposit the total compensation awarded by this Court before the
Tribunal, after adjusting the amount if any already deposited, within a
period of six weeks from the date of receipt of a copy of this judgment. The
apportionment of shares fixed by the Tribunal to the claimants is hereby
confirmed. On such deposit, the first claimant/first respondent herein is
permitted to withdraw her share. Insofar as the minor claimant No.2/second
respondent herein is concerned, her share shall be deposited by the Tribunal
in any Fixed Deposit Scheme in any one of the Nationalised Bank and it
shall be renewed periodically till she attains majority and the interest
accrued thereon shall be withdrawn by the first claimant/mother of the
minor claimant once in three months.
14. With the above observations and directions, the Civil
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C.M.A.No.1253 of 2020
Miscellaneous Appeal is partly allowed. No costs. Consequently, connected
miscellaneous petitions are closed.
[R.P.S., J] [S.K.,J]
14.06.2021
Speaking Order: Yes/no
Index : Yes/no
pvs/cs
To
1. The Motor Accident Claims Tribunal/
Small Causes Court IV, Chennai
2. The Section Officer,
V.R. Section, High Court, Madras.
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C.M.A.No.1253 of 2020
R.SUBBIAH, J.
and
S.KANNAMMAL, J.
cs
C.M.A.No.1253 of 2020
14.06.2021
https://www.mhc.tn.gov.in/judis/
