Madras High Court
Kandammal (Died) vs Janakiraman on 16 June, 2021
C.M.A.No.2456 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.No.2456 of 2019
1.Kandammal (died), Wife of Kuppan
2.K.Veeramuthu, S/o.Late Kuppan
3.S.Dhamodharn, S/o.Late Shanmugam
4.M.Amutha, W/o.Late Mathiyan
5.M.Deepak, S/o.Late Mathiyan
(Appellant 2 to 5 brought on record as Lrs
of the deceased sole Appellant viz.Kandammal
vide court order dated 9/4/2021 made in
CMP.13227/2020 in CMA.2456/2019(CSNJ)
... Appellants
Vs.
1.Janakiraman, Son of Dhamodharan
2.The Managing Director
TamilNadu State Transport Corporation (Kumbakonam) Ltd.
Pillai Thanneerpandal
Thirumayam Road, Pudukottai 622 001
... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicles Act, 1988 against the Judgment and Decree dated
23.03.2018 made in M.C.O.P.No.437 of 2012, on the file of the Motor
Accident Claims Tribunal / Sub Court, Bhavani at Erode District.
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C.M.A.No.2456 of 2019
For Appellants : Mr.MA.P.Thngavel
For Respondents : No appearance for R1
Mr.L.Ramanathan
for Mr.D.Venkatachalam
JUDGMENT
This appeal has been filed by the by the claimants who has since
deceased during the pendency of this appeal.
2.The deceased / claimant had filed a claim petition before the
Tribunal for compensation u/s.166 of he Motor Vehicles Act, 1989. By
the impugned judgment and decree dated 23.03.2018 in M.C.O.P.No.437
of 2012, the Tribunal has awarded a sum of Rs.81,000/- as detailed
below:-
Sl.No. Heads Amount
1. Loss of disability Rs.50,000/-
(25% x Rs.2,000/-)
2. Medical Bills Rs. 1,000/-
3. Pain and Suffering Rs.10,000/-
4. Loss of income Rs.15,000/-
5. Extra Nourishment Rs. 5,000/-
Total Rs.81,000/-
3.In this appeal, the deceased /claimant, whose case is now
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C.M.A.No.2456 of 2019
represented by her legal heirs who have since been impleaded would
submit that the Tribunal has erred in awarding meager sum of
Rs.15,000/- towards loss of income. It is submitted that there was a
crush injury resulting in amputation of the right leg below the knee of the
deceased / claimant Kandammal. The Tribunal ought to have determined
the compensation as per the decision of the Hon'ble Supreme Court in
Raj Kumar V. Ajay Kumar & another reported in (2011) 1 SCC 343
which mandates deterimination of functional disability to award a Just
compensation and compensation under the conventional head of
compensation.
4.Learned counsel for the appellant submits that the accident is of
the year 2011. He therefore submits that it would be reasonable to
construe the income of the deceased / claimant as Rs.6,500/- in the light
of the decision of the Hon'ble Supreme Court in Syed Sadiq V. United
India Insurance Co. Ltd., reported in (2014) 2 SCC 735. He would also
seek compensation towards transportation and loss of amenities.
5.Defending the impugned judgment and decree, learned counsel
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C.M.A.No.2456 of 2019
for the 2nd respondent / Tamilnadu State Transport Corporation
(Kumbakonam) Ltd., would submit that the Tribunal has come to a fair
conclusion and has awarded a fair compensation to the deceased.
Therefore, the award amount should be confirmed by dismissing the
present appeal. He further submits that the deceased was already aged 60
years at the time of accident and there is no evidence to substantiate that
the deceased was earning any amount at the time of accident and
therefore the claimant was not entiteld for any compensation towards loss
of income.
6.Heard the counsels for the appellants and the 2nd respondent. I
have considered the evidence placed on record and perused the impugned
judment and decree.
7.In my view, the Tribunal ought to have determined compensation
by applying the ratio adopted by the Hon'ble Supreme Court in Raj
Kumar V. Ajay Kumar & another reported in (2011) 1 SCC 343 and that
the decision of the Hon'ble Supreme Court in Sanjay Varma V. Haryana
Roadways reported in (2014) 3 SCC 240. The deceased was aged about 60
years at the time of accident. It would be appropriate to assume a notional
income as Rs.6,500/- per month of the deceased as was determined by the
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C.M.A.No.2456 of 2019
Supreme Court in Syed Sadiq V. United India Insurance Co. Ltd.,
reported in (2014) 2 SCC 735. In the light of the above, the
compensation awarded by the Tribunal has to be re-determined as
follows:
Sl. Heads & Calculation Re quantified
No Amount of
compensation by
this Court
1. Loss of dependency:
Age of the injured person
(since deceased) : 60 years
Notional Income fixed : Rs.6,500/- p.m
by this Court
Add: Future Prospects @ 10% : Rs. 650/-
-----------------
Rs. 7,150/-
Less:Personal expenses – 50%
(Rs.7,150 – 50% = Rs.3575) : Rs.3,575/-
per annum Rs.3575x 12 : Rs.42,900/-
Multiplier : 9
(Rs.42,900 x 9) :Rs.3,86,100 Rs.3,86,100/-
2. Pain and suffering Rs. 25,000/-
3. Loss of Amenities Rs. 15,000/-
4. Transportation Rs. 5,000/-
5 Medical Bills Rs. 1,000/-
6. Loss of Income Rs. 15,000/-
7. Extra Nourishment Rs. 5,000/-
Total Rs.4,52,100/-
nd
8. The 2 respondent / TamilNadu State Transport Corporation
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C.M.A.No.2456 of 2019
(Kumbakonam) Ltd. is therefore directed to deposit the enhanced amount
of compensation of Rs.4,52,100/- (Rupees Four Lakhs Fifty Two
Thousand and One Hundred only) together with interest at 7.5% per
annum from the date of numbering of the claim petition till the date of
such deposit, less any amount if already deposited, within a period of six
weeks from the date of receipt of a copy of this Judgment.
9.On such deposit being made by the 2nd respondent/TamilNadu
State Transport Corporation (Kumbakonam) Ltd. the appellants
/claimants are permitted to withdraw the same together with interest
accrued thereon, less any amount if already withdrawn in the same
proportion as ordered by the Tribunal.
12. This Civil Miscellaneous Appeal is partly allowed accordingly.
No costs.
16.06.2021
kas
To:
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C.M.A.No.2456 of 2019
1.The Motor Accident Claims Tribunal
/ Sub Court
Bhavani
Erode District.
2.The Managing Director
TamilNadu State Transport Corporation (Kumbakonam) Ltd.
Pillai Thanneerpandal
Thirumayam Road
Pudukottai 622 001
3.The Section Officer,
Vernacular Section,
Madras High Court.
C.SARAVANAN, J.
kas
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C.M.A.No.2456 of 2019
C.M.A.No.2456 of 2019
16.06.2021
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