Madras High Court
Tamil Nadu State Transport ... vs Rajeswari on 18 June, 2021
C.M.A.Nos.3309 of 2019 & 870 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2021
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.M.A.Nos.3309 of 2019 & 870 of 2020
and
C.M.P.No.19237 of 2019
C.M.A.No.3309 of 2019
Tamil Nadu State Transport Corporation
by its Manager,
Trichy. ... Appellant
Vs.
1. Rajeswari
W/o. Kasthuri
2. Viswanathan,
S/o.Kasthuri
3. Vignesh,
S/o. Kasthuri
4. Minor Dhanasekar
S/o.Kasthuri
(Rep. by his Next friend guardian
mother Rajeshwari) ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to set aside the Decree and Judgment dated
09.01.2019 made in M.C.O.P.No. 1261 of 2014 on the file of the Motor
Accident Claims Tribunal, Principal District Judge, Namakkal and be
pleased to dismiss the above claim as against the appellant.
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Page No 1 of 10
C.M.A.Nos.3309 of 2019 & 870 of 2020
C.M.A.No. 870 of 2020
1. Rajeswari
W/o. Kasthuri
2. Viswanathan,
S/o.Kasthuri
3. Vignesh,
S/o. Kasthuri
4. Minor Dhanasekar
S/o.Kasthuri
(Minor is represented by his Next friend guardian
mother 1st appellant) ... Appellants
-Vs-
The Managing Director,
Tamil Nadu State Transport Corporation
Periya Milagupparai,
Trichy (Kumbakonam Division-2) ... Respondent
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988 to enhance the award against the judgment and
decree dated 09.01.2019 in M.C.O.P.No.1261 of 2014 on the file of
Motor Accidents Claims Tribunal/ Principal District Court, Namakkal.
C.M.A.No.3309 of 2019
For Appellant : Mr.L.Ramanathan
For Mr.D.Venkatachalam
For Respondents : Mr.C.Thangaraju
C.M.A.No.870 of 2020
For Appellants : Mr.C.Thangaraju
For Respondent : Mr.L.Ramanathan
For Mr.D.Venkatachalam
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C.M.A.Nos.3309 of 2019 & 870 of 2020
COMMON JUDGMENT
By this Common Order both the appeals are being disposed of.
2. CMA No.3309 of 2019 has been filed by the State Transport
Corporation questioning the liability fixed on the appellant/State
Transport Corporation.
3. CMA No.870 of 2020 has been filed by the claimants for
enhancement of compensation by the impugned Judgment and decree
dated 09.01.2019 in MCOP No.1261 of 2014.
4. The Tribunal has awarded a sum of Rs.8,05,376/- as detailed
below:-
Sl. Monthly Income after Total Multiplier Loss of
No. Income deduction Monthly Dependency
Income
1 Rs.6,000/- 6000x ¼ i.e. Rs.4500 11 Rs.4500x12x11
Rs.6000 -1500 =Rs.5,94,000/-
= Rs.4500/-
2 Future Prospects 10% Rs.59,400/-
3 Loss of Estate Rs.15,000/-
4 Funeral Expenses Rs.15,000/-
5 Loss of Consortium Rs.40,000/-
6 Medical Bills (Ex.P4 series) Rs.81,976/-
Grand Total Rs.8,05,376/-
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C.M.A.Nos.3309 of 2019 & 870 of 2020
5. The learned Counsel for the State Transport Corporation
( Appellant in CMA No.3309 of 2019) submits that the tribunal ought not
to have fixed the liability on the State Transport Corporation. He submits
that the FIR was filed against the deceased as he was riding the
motorcycle in a rash and negligent manner and was trying to cross the
National High Way without seeing the bus coming on the High Way.
6. On the other hand, the impugned Judgment and decree defended
on this Court by the learned Counsel for the claimants who are the
respondents in CMA No.3309 of 2019 and appellants in CMA No.870 of
2020 on the ground that both the eyewitnesses i.e. P.W.2 and P.W.3 have
uniformly confirmed that the driver of the State Transport Corporation
bus was negligent and caused the accident. They also pray for
enhancement of compensation.
7. I have perused the depositions of P.W.2 and P.W.3. The
depositions of P.W.2 and P.W.3 had not been discredited by the State
Transport Corporation before the tribunal. The tribunal being the
ultimate fact finding authority, the finding on the facts cannot be
disturbed in an appeal filed under Section 173 of Motor Vehicle Claims
Act 1988.
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C.M.A.Nos.3309 of 2019 & 870 of 2020
8. Therefore, to that extent, the impugned Judgment and decree
holding the driver of the State Transport Corporation Bus liable for the
accident is upheld.
9. In the result, the CMA No.3309 of 2019 filed by the State
Transportation Corporation is liable to be dismissed and accordingly, the
Civil Miscellaneous Appeal No.3309 of 2019 stands dismissed. No
costs.
10. As far as the quantum of compensation which is the subject
matter of CMA No.870 of 2020 is concerned, it is noticed that the
tribunal has determined the above compensation by considering a very
low notional income of Rs.6,000/- per month. It would be fair to assume
a notional income of Rs.12,000/- as the accident is of the year 2014.
11. The Hon'ble Supreme Court in Syed Sadiq Vs. United India
Insurance Co. Ltd., (2014) 2 SCC 735, was concerned with an accident
of the year 2008 and there the notional income of a Vegetable Vendor
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C.M.A.Nos.3309 of 2019 & 870 of 2020
was fixed as Rs.6,500/-. The value of money has been steadily decreased
due to the inflation.
12. Therefore, I am of the view that for the purpose of awarding
Just compensation, the notional income of the deceased can be
considered as Rs.12,000/- per month even though, the deceased Kasthuri
was an Agriculture Coolie, notwithstanding with the fact that no
document has been produced before the tribunal to substantiate the
income of the deceased.
13. The fact that the deceased was in possession of two wheeler
which shows that the standard of living had increased during the period
of last two decades and that possession of two wheeler by ordinary
citizens has become reality in the country.
14. In the light of the above discussion, the compensation awarded
by the tribunal is recomputed as follows:-
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C.M.A.Nos.3309 of 2019 & 870 of 2020
Heads and Calculation Amount
Loss of earning capacity:-
Monthly Income : Rs.12,000/-
Add: Future Prospects at 10%
(12,000 x 10/100) : Rs. 1,200/-
----------------
: Rs.13,200/-
Less: Personal Expenses 1/4th
(13,200 x1/4) : Rs. 3,300/-
----------------
: Rs. 9,900/-
Annual Contribution to the family
(9,900 x 12) : Rs.1,18,800/-
Rs.13,06,800/-
Multiplier 11 (1,18,800 x 11) : Rs.13,06,800/-
Loss of Estate Rs. 15,000/-
Funeral Expenses Rs. 15,000/-
Loss of Consortium Rs. 40,000/-
Medical Expenses Rs. 81,976/-
Towards Parental Consortium Rs.1,20,000/-
(Rs.40,000/- each)
Total Rs.15,78,776/-
Rounded off to
Rs.15,79,000/-
15. It is noticed that by order dated 12.02.2020 this Court had
ordered exemption of Court fee for the purpose of numbering the appeal
but to be paid at a later stage. Therefore, the 1st appellant/1st claimant is
directed to deposit the deficit court fee before this court within a period
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C.M.A.Nos.3309 of 2019 & 870 of 2020
of four weeks from today. Only on such deposit and payment of
deficit court fee, the Registry shall draft the decree of this
Judgement.
16. The State Transport Corporation (Respondent in CMA No.870
of 2020) / the appellant in CMA No.3309 of 2019 is directed to deposit
the aforesaid amount of compensation of Rs.15,79,000/- to the credit of
MCOP No.1261 of 2014 before the Motor Accident Claims Tribunal,
Principal District Judge, Namakkal, 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 already deposited by it, within a period of
eight weeks from the date of receipt of a copy of this Judgment.
17. On such deposit being made by the State Transport Corporation
and on payment of deficit Court fees, the appellant/claimants are
permitted to withdraw their shares together with interest accrued thereon,
less any amount already withdrawn in the same proportion as was
ordered by the Tribunal. While filing such application, the
appellants/claimants shall produce a certified copy of the decree of this
Judgement as a proof of having paid the deficit court fee.
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C.M.A.Nos.3309 of 2019 & 870 of 2020
18. Accordingly, C.M.A.No.3309 of 2019 is dismissed and
C.M.A.No.870 of 2020 is Allowed. No costs. Consequently, connected
Civil Miscellaneous Petition is closed.
18.06.2021
ksa-2
Internet : Yes / No
Index : Yes/No
Speaking Order/Non-speaking Order
Note:
After the 1st appellant/1st claimant deposit the deficit court fee,
the Registry is directed to draft the decree.
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Page No 9 of 10
C.M.A.Nos.3309 of 2019 & 870 of 2020
C.SARAVANAN, J.
ksa-2
To:
1.Motor Accident Claims Tribunal,
Principal District Court,
Namakkal.
2.The V.R.Section,
Madras High Court, Madras.
C.M.A.Nos. 3309 of 2019 & 870 of 2020
18.06.2021
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