Ramasamy vs V S
2021 Latest Caselaw 11759 Mad

                                                                            C.M.A.No.1509 of 2021

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 16.06.2021

                                                     CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             C.M.A.No.1509 of 2021

                 1.Ramasamy, S/o.Manickamudaliyar
                 2.Lakhmi, W/o.Periyasamy                                   ... Appellants

                                                      V s.
                 The Managing Director
                 Tamilnadu State Transport Corporation Ltd.
                 Ranithottam, Nagercoil, Kanniyakumari District             ... Respondent


                         Prayer: Civil Miscellaneous Appeal filed under Section 173 of
                 Motor Vehicles Act, 1988 against the Award and Decree dated
                 13.09.2019 made in M.C.O.P.No.492 of 2014 on the file of the Motor
                 Vehicle Accident Claims Tribunal / Subordinate Judge Court,
                 Tiruchengode.

                                   For Appellants   : Mr.T.S.Arthanareeswaran

                                   For Respondent   : Mr.K.Ponraj
                                                      for Mr.D.Raghu

                                                    JUDGMENT

The claimants are the appellants in this appeal. They have filed this

appeal against the impugned judgment and decree dated 13.09.2019

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passed in M.C.O.P.No.492 of 2014 on the file of the Motor Vehicle

Accident Claims Tribunal / Subordinate Judge Court, Tiruchengode.

2.By the impugned Judgment and decree, the Tribunal has awarded

a sum of Rs.13,90,800/- as compensation. This appeal has been filed for

enhancement of the above compensation by another sum of Rs.2,00,000/-.

3.In this appeal, the learned counsel for the appellants submits that

the tribunal has considered very low notional income at Rs.9,000/- for

awarding compensation towards dependency. It is submtted that the

Divion Bench of this Court in C.M.A.No.4314 of 2019 vide order dated

07.01.2021, has considered the notional income as Rs.18,000/- for the

purpose of awarding compensation under the similar circumstances

where the deceased was a final year Engineering student. It is therefore

submitted that the compensation awarded by the tribunal may be

enhanced by considering a notional income of the deceased at

Rs.15,000/-.

4.Learned counsel for the Tamilnadu State Transport Corporation

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submits that the impugned judgment and decree passed by the tribunal is

well reasoned and requests no interference. He submits that the deceased

is the son of the 1st appellant and brother of the 2nd appellant. The death

was due negligence of the deceased who was by trying to locate a lost

article of to his friend when the accident occurred. It is therefore

submitted that even if the quantum of compensation is enhanced, this

Court can consider the facts and proportionately reduce the amount of

compensation on account of contributory negligence of the deceased.

5.Heard the counsels for the appellants and respondent.

Considering the defence, I have perused the impugned judment and

decree and the exhibits that were marked before the tribunal and the

deposition of the witnesses before the tribunal.

6.In my view the tribunal has by and large which awarded a just

compensation. It is notified that the Tribunal has not considered any

amount towards loss of filial consortium as per the decision of the

Hon'ble Supreme Court in Magma General Insurance Company Ltd. V.

Nanuram @ Chuhru Ram and Others reported in (2018) 18 SCC 130.

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7. However, In this appeal, the appellant has asked for a meager

enhancement of compensation by Rs.2,00,000/-. In my view the prayer

of the appellant in this appeal is reasonable and therefore the

compensation awarded by the tribunal for a sum of Rs.13,90,800/- is

enhanced to Rs.16,00,000/- (Rupees sixteen thousand only).

8.The respondent / Tamilnadu State Transport Corporation Ltd., is

directed to deposit the enhanced amount of Rs.16,00,000/- (Rupees

sixteen lakhs only) together with interest at 7.5% per annum from the

date of numbering of the claim petition till the date of such made deposit,

less any amount already deposited, within a period of six weeks from the

date of receipt of a copy of this Judgment to the credit of the above

M.C.O.P.No.492 of 2014 before the Tribunal.

9. On such deposit being made by the respondent / Tamilnadu State

Transport Corporation Ltd, the appellants / claimants are permitted to

withdraw their respective shares in the same proportion as it was ordered

by the Tribunal, together with interest accrued thereon, less the amount if

any already withdrawn, by filing a suitable application before the

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Tribunal.

9. This Civil Miscellaneous Appeal stands allowed accordingly.

No costs.

16.06.2021 kas

Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

To

1.The Motor Vehicle Accident Claims Tribunal / Subordinate Court Tiruchengode

2.The Managing Director Tamilnadu State Transport Corporation Ltd. Ranithottam Nagercoil Kanniyakumari District

3.The Section Officer Vernacular Section Madras High Court

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C.SARAVANAN, J kas

C.M.A.No.1509 of 2021

16.06.2021

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