Madras High Court
Chandran (Died) vs The Managing Director on 2 March, 2021
C.M.A.No.3008 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2021
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
CMA.No.3008 of 2013
1.Chandran (Died)
2.Minuyammal
3.Sasikumar
4.Sathya
4.Pachaiyammal ... Appellants
..Vs..
The Managing Director,
State Express Transport Corporation Ltd.,
Tamilnadu Ltd. ...Respondent
Appeal filed under Section 173 of the Motor Vehicles Act, 1988,
against the Judgment and decree dated 08.12.2010 made in
M.C.O.P.No.498 of 2006 on the file of the Motor Accidents Claims
Tribunal, II Court of Small Causes, Chennai.
For Appellants : Ms.Subadra
For Respondent : Mr.K.Kathiresan
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C.M.A.No.3008 of 2013
JUDGMENT
Dissatisfied with the judgment and decree, dated 08.12.2010 in
MCOP.No. 498 of 2006 passed by the tribunal awarding compensation of
Rs.4,50,000/- along with interest at the rate of 7.5% per annum, the
claimant are before this Court for enhancement of compensation.
2. It is the case of the claimant/appellant herein, on 11.03.2005
at about 18 hrs while the deceased namely Sathish riding tow wheeler
bearing Reg.No. TN07-AD-4594 on the left side of the ECR Road near
Paramkeni, Maduvenkarai (South to North), at that time a State Express
Tranport Corporation Bus bearing Reg.No. TN01-N-6278 came in the
wrong side in a rash and negligent manner and hit the deceased, as a
result, the deceased died. The accident had occurred only due to the rash
and negligent driving on the part of the driver of the Government Bus.
Being legal heirs of the deceased, the parents, brothers and sisters have
filed a claim petition, claiming compensation for a sum of Rs.12,00,000/-.
3. The tribunal based on the evidence and documents, has fixed the
negligence on the part of the driver of the State Express Transport Bus
and directed the Transport Corporation to pay a sum of Rs.4,50,000/- as
compensation to the claimants. Challenging the quantum of
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C.M.A.No.3008 of 2013
compensation, the claimants are before this Court for enhancement of
compensation.
4. On the side of the claimants, four witnesses P.W.1 to P.W.4
were examined and twelve documents Ex.P1 to P12 were marked. On the
side of the respondents, one official witnesses RW1 was examined and no
documents were marked.
5. The learned counsel appearing for the appellants/claimants has
submitted that the tribunal without considering the fact that the deceased
was working as driver and was earning Rs.7,000/- per month, has fixed
only a sum of Rs.3000/- per month. The sum awarded under the head
'loss of love and affection' at Rs.10,000/- for the claimants is very less.
The tribunal has not considered the fact that the deceased was the only
male earning member of their family. The learned counsel for the
appellant further submitted that the tribunal has not awarded
compensation under the head 'loss of estate' and the compensation
awarded under heads are also very meagre. Hence the compensation
awarded by the tribunal required to be enhanced.
6. The learned counsel appearing for the respondent/Transport
Corporation objected for enhancement of compensation and submitted
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C.M.A.No.3008 of 2013
that based on the evidence and documents, the tribunal has awarded
compensation to the claimants, which is fair and reasonable and does not
require any modification by this Court.
7. Heard the learned counsel appearing for the appellants, the
learned counsel appearing for the respondent/Transport Corporation and
perused the materials available on record.
8. From a perusal of the document Ex.P5/Driving license of the
deceased reveals that the deceased had licence to drive light motor
vehicles and motor cycle. The deceased had not obtained any licence or
badge to drive transport vehicles. Though PW4/Venkatraman, employer of
the deceased was examined, he has not produced any documents to show
his business and he has employed the deceased as his driver. In the
absence of documents, the tribunal has fixed notional monthly income at
Rs.3000/-, which is fair and reasonable. The tribunal has calculated the
loss of income by adopting multiplier 15, as per the age of the parents
and deducted 1/ 4 of the income towards personal and living expenses.
As per the principles laid down by the Hon'ble Supreme Court in Sarala
Verma's case, for the deceased bachelor, 50% of the total income to be
deducted and as per the age of the deceased who was 25 years at the
time of the accident, according to his age , multiplier 18 to be adopted
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C.M.A.No.3008 of 2013
and 40% of the total income to be added towards future prospects. By
applying the above principles, the loss of income for the deceased is
modified at Rs. 4,53,600/- (3000 x 1/ 2 +40% x 12 x 18 ).
9. With regard to the compensation awarded by the tribunal under
the head 'Loss of love and affection' at Rs.40,000/- is fair and reasonable
and the same is confirmed. The tribunal has not awarded compensation
for Loss of estate, hence a sum of Rs.15,000/- is granted under the said
head. The compensation awarded for Funeral expenses at Rs.5,000/- is
enhanced to Rs.10,000/-. Thus the award of the tribunal is modified by
this Court as follows:
Heads Compensation Compensation
awarded by the modified by this
tribunal Court
Rs. Rs.
Loss of income 4,05,000 4,53,600
Loss of Love and 40,000 40,000
Affection
Loss of Estate ... 15,000
Funeral expenses 5,000 10,000
Total 4,50,000/- 5,18,600/-
10. In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation awarded by the tribunal at sum of Rs. 4,50,000/- is
enhanced to Rs. 5,18,600/- along with interest at the rate of 7.5% per
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C.M.A.No.3008 of 2013
annum from the date of petition till the date of deposit.
11. The respondent/Transport Corporation is directed to deposit the
entire compensation amount along with interest as modified by this Court,
less the amount already deposited, within a period of twelve weeks from
the date of receipt of a copy of this judgment. On such deposit, the
appellants/claimants are permitted to withdraw the compensation as
modified by this Court along interest and costs as per the apportionment
fixed by the tribunal, after adjusting the amount, if any, already
withdrawn, by filing necessary applications before the Tribunal. No costs.
02.03.2021
Index: Yes/No
Internet: Yes/No
ak
To
1. The Motor Accidents Claims Tribunal,
II Court of Small Causes,
Chennai.
2. The Section Officer,
V.R.Section, High Court,
Madras.
D.KRISHNAKUMAR, J.
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C.M.A.No.3008 of 2013
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CMA.No.3008 of 2013
02.03.2021
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