Madras High Court
E.Haja Mohideen vs The Managing Director on 16 June, 2021
C.M.A.No.361 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
and
THE HONOURABLE TMT.JUSTICE S.KANNAMMAL
C.M.A.No.361 of 2021
1.E.Haja Mohideen
2.H.Nazira Begum .. Appellants
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation,
3/137, Salamedu, Vazhuthareddy,
Villupuram. .. Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988, against the decree and judgment dated 13.12.2019
made in M.C.O.P.No.1879 of 2017 on the file of the Motor Accident Claims
Tribunal, Special Sub Court, Cuddalore.
For Appellants : Ms.Ramya V.Rao
For Respondent : Mr.C.S.K.Sathish
1/8
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C.M.A.No.361 of 2021
JUDGMENT
(The matter is heard through “Video Conferencing/Hybrid mode”.)
(Judgment of the Court was delivered by S.KANNAMMAL, J)
This Civil Miscellaneous Appeal has been filed for enhancement of
compensation granted by the Tribunal in the award dated 13.12.2019 made in
M.C.O.P.No.1879 of 2017 on the file of the Motor Accident Claims Tribunal,
Special Sub Court, Cuddalore.
2.The appellants are the claimants in M.C.O.P.No.1879 of 2017 on the
file of the Motor Accident Claims Tribunal, Special Sub Court, Cuddalore.
The claimants are the parents of the deceased filed the above said claim
petition, claiming a sum of Rs.40,00,000/- (claim amount amended vide order
of this Court dated 02.02.2021 made in C.M.P.No.1347 of 2021 in
C.M.A.SR.No.7743 of 2021) as compensation for the death of their son
viz.,H.Abdul Rahman, who died in the accident that took place on
27.12.2016.
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
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C.M.A.No.361 of 2021
the driver of the bus belonging to respondent-Transport Corporation and
directed the respondent-Transport Corporation to pay a sum of Rs.12,79,600/-
as compensation to the appellants.
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.The learned counsel appearing for the appellants contended that at
the time of accident the deceased was aged 20 years, working as Mechanic at
Balaji Force, Kondur and was earning a sum of Rs.25,000/- per month. To
prove the avocation, the appellants have marked the ID Card of the deceased
as Ex.P6. But, the Tribunal erroneously fixed a sum of Rs.8,000/- per month
as notional income of the deceased. The accident is of the year 2016 and the
notional income fixed by the Tribunal is meagre. The Tribunal ought to have
considered Ex.P5/ITI Examination Certificate of the deceased issued by the
Mahalakshmi ITI Industrial School, Cuddalore and fixed a sum of
Rs.20,000/- per month as notional income of the deceased. The Tribunal has
not awarded any amount towards loss of love and affection and prayed for
enhancement of compensation.
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C.M.A.No.361 of 2021
6.Per contra, learned counsel appearing for the respondent-Transport
Corporation contended that the appellants have not proved the income of the
deceased by producing documents like salary certificate or wage register. In
the absence of any document with regard to income, a sum of Rs.8,000/- per
month fixed by the Tribunal as notional income of the deceased is not
meagre. Hence, the appellants are not entitled to compensation towards loss
of dependency by fixing a sum of Rs.20,000/- per month as notional income
of the deceased. The Tribunal has awarded a sum of Rs.40,000/- towards loss
of consortium and hence, the appellants are not entitled to any amount
towards loss of love and affection. The Tribunal considering the entire
materials on record, has awarded a sum of Rs.12,79,600/- as compensation to
the appellants, which is not meagre 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 respondent-Transport Corporation and
perused the entire materials on record.
8.From the materials available on record, it is seen that at the time of
accident, the deceased was aged 20 years, working as Mechanic at Balaji
Force, Kondur and was earning a sum of Rs.25,000/- per month. To prove the
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C.M.A.No.361 of 2021
avocation, the appellants have marked the ID Card of the deceased as Ex.P6.
But the appellants have not filed any documents like salary certificate or
wage register to prove the income of the deceased. The accident is of the year
2016 and the cost of living has increased enormously. Therefore, a sum of
Rs.8,000/- per month fixed by the Tribunal as notional income of the
deceased is meagre. Considering the year of accident and nature of work done
by the deceased, a sum of Rs.12,500/- per month is fixed as notional income
of the deceased. As per Ex.P3/Postmortem certificate and Ex.P5/ITI
Examination Certificate of the deceased issued by the Mahalakshmi ITI
Industrial School, Cuddalore, the deceased was aged 20 years at the time of
accident. The Tribunal applied multiplier '18' which is proper as per the
judgment of the Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC
Supreme Court, [Sarla Verma & others Vs. Delhi Transport Corporation &
another]'. The Tribunal following the judgment of the Hon'ble Apex Court
reported in 2017 (2) TNMAC 609 (SC), [National Insurance Company
Limited Vs. Pranay Sethi and others], rightly granted 40% enhancement
towards future prospects. The deceased was a bachelor at the time of accident
and the Tribunal rightly deducted 50% towards personal expenses from the
income of the deceased. The Tribunal erroneously awarded a sum of
Rs.40,000/- towards loss of consortium to the appellants, who are the parents
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C.M.A.No.361 of 2021
of the deceased. The appellants are not entitled to any amount towards loss of
consortium for the death of their son. Hence, the amount awarded by the
Tribunal towards loss of consortium is liable to be set aside and it is hereby
set aside. The Tribunal has not awarded any amount towards loss of love and
affection. The appellants are entitled to a sum of Rs.40,000/- each towards
loss of love and affection. The amounts awarded by the Tribunal towards
funeral expenses and loss of estate are just and reasonable and hence, the
same are hereby confirmed. Thus, the compensation awarded by the Tribunal
is modified as follows:
S. Description Amount awarded Amount awarded Award confirmed
No by Tribunal by this Court or enhanced or
(Rs) (Rs) granted
1. Loss of dependency 12,09,600/- 18,90,000/- Enhanced
2. Loss of consortium 40,000/- - Set aside
3. Loss of love and - 80,000/- Granted
affection
4. Funeral expenses 15,000/- 15,000/- Confirmed
5. Loss of estate 15,000/- 15,000/- Confirmed
Total Rs.12,79,600/- Rs.20,00,000/- Enhanced by
Rs.7,20,400/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.12,79,600/- is hereby
enhanced to Rs.20,00,000/- together with interest at the rate of 7.5% per
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C.M.A.No.361 of 2021
annum from the date of petition till the date of deposit. The 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 twelve weeks from the date of
receipt of a copy of this judgment to the credit of M.C.O.P.No.1879 of 2017
on the file of the Motor Accident Claims Tribunal, Special Sub Court,
Cuddalore. On such deposit, the appellants are permitted to withdraw their
respective share of the award amount now determined by 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.
[R.P.S., J.] [S.K., J.]
16.06.2021
krk
Index : Yes / No
Internet : Yes / No
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C.M.A.No.361 of 2021
R.SUBBIAH, J.
and
S.KANNAMMAL, J.
krk
To
1.The Special Subordinate Judge,
Motor Accident Claims Tribunal,
Cuddalore.
2.The Section Officer,
VR Section,
High Court,
Madras.
C.M.A.No.361 of 2021
16.06.2021
http://www.judis.nic.in
