Madras High Court
The Managing Director vs Radhika on 25 June, 2021
CMA No.161 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.06.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA No.161 of 2016
and
CMP No.1356 of 2016
The Managing Director,
Tamil Nadu State Transport Corporation,
3/127, Sala Medu,
Vazhutha reddy,
Villupuram District. ... Appellant
Versus
1. Radhika
2. Minor Santhosh
3. Sugari @ Suganthi
4. Saraswathi ... Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act against the judgment and decree dated 03.09.2015 made in
M.C.O.P. No.867 of 2011 on the file of Motor Accident Claims Tribunal
(Special District Judge) at Salem.
For Appellant : Mr.K.J.Sivakumar
For Respondents : Not ready in notice reg. R1 to R4
https://www.mhc.tn.gov.in/judis/
1/6
CMA No.161 of 2016
JUDGMENT
(Heard Video Conference)
This appeal has been filed by the Transport Corporation
challenging the impugned award dated 03.09.2015 passed by the Motor
Accidents Claims Tribunal, (Special District Judge), Salem in MCOP
No.867 of 2011.
2. The appellant in this appeal has challenged only the quantum of
compensation fixed by the Tribunal as according to them it is excessive.
3. The details of the compensation awarded by the Tribunal under
the impugned award are as follows :
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of future income of the 7,34,400/-
deceased
Loss of love and affection to 20,000/-
the 3rd and 4th petitioners
(parents of the deceased)
Rs.10,000/- each
Funeral expenses 25,000/-
Loss of consortium to 1st 25,000/-
petitioner
Loss of love and affection to 40,000/-
2nd petitioner (son of the
deceased)
Total 8,44,400/-
https://www.mhc.tn.gov.in/judis/
CMA No.161 of 2016
4. Aggrieved by the award dated 03.09.2015 passed by the Motor
Accidents Claims Tribunal, (Special District Judge), Salem in MCOP
No.867 of 2011, this appeal has been filed by the Appellant / Transport
Corporation.
5. Heard Mr.K.J.Sivakumar, learned counsel for the appellant.
Since no adverse orders are going to be passed against the respondents,
notice to the respondents is dispensed with.
6. This Court has perused the materials and evidence available on
record before the Tribunal.
7. The deceased was aged 27 years and was self employed when
the accident happened on 24.01.2011. The cause and date of the
accident as well as the avocation and age of the deceased have not been
disputed by the appellant / Transport Corporation before the Tribunal.
The Tribunal has fixed the notional monthly income of the deceased at
Rs.6,000/- and has deducted 1/3rd towards his personal expenses in view
of the fact that the claimants are his wife, his minor son and his parents.
https://www.mhc.tn.gov.in/judis/
CMA No.161 of 2016
The Tribunal has also adopted the correct multiplier of 17, since the
deceased was aged 27 years at the time of the accident.
8. The Tribunal has awarded Rs.10,000/- each to the parents of the
deceased, totally amounting Rs.20,000/- towards loss of love and
affection of the deceased. The Tribunal has also awarded Rs.25,000/-
towards funeral expenses and Rs.25,000/- towards loss of consortium to
the first respondent / first claimant who is his wife. The Tribunal has
also awarded a compensation of Rs.40,000/- to the minor child of the
deceased. Thus, the total compensation awarded by the Tribunal at
Rs.8,44,400/- to the respondents / claimants cannot be considered to be
excessive, as alleged by the appellant/ Transport Corporation.
9. For the foregoing reasons, this Court does not find any merit in
this appeal and accordingly, the Civil Miscellaneous Appeal shall stand
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
10. The Appellant / Transport Corporation is directed to deposit
the entire award amount awarded by the Tribunal together with interest at
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CMA No.161 of 2016
7.5% p.a. from the date of claim petition till the date of realization, less
the amount, if any, already deposited to the credit of M.C.O.P. No.867 of
2011 on the file of Motor Accident Claims Tribunal (Special District
Judge) at Salem, within a period of four weeks from the date of receipt of
a copy of this Judgment. On such deposit being made, the Tribunal is
directed to transfer the award amount directly to the bank account of the
respondents 1st, 3rd and 4th / major claimants, as per the same ratio of
apportionment made by the Tribunal, through RTGS, within a period of
two weeks thereafter. Insofar as the share of the 2nd respondent / minor
claimant is concerned, the same shall be deposited in Fixed deposit in
any one of the Nationalised Banks, till he attains the age of majority and
the interest accrued thereon shall be withdrawn by the guardian of the
minor claimant once in three months, directly from the Bank.
25.06.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
vsi2
https://www.mhc.tn.gov.in/judis/
CMA No.161 of 2016
ABDUL QUDDHOSE, J.
vsi2
To
1.The Special District Judge
at Salem.
2. The Section Officer,
V.R. Section
High Court of Madras, Chennai - 104.
CMA No.161 of 2016
25.06.2021
https://www.mhc.tn.gov.in/judis/
