Madras High Court
The Managing Director vs Kudiarasan on 10 March, 2021
C.M.A.No.761 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH
AND
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.M.A.No.761 of 2021
and
C.M.P.No.4566 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Division II, Villupuram,
Vellore. ... Appellant
vs
1.Kudiarasan
S/o.S.Sivagnanam
2.Tamilarasi
D/o.Sivagnanam ... Respondents
Prayer: Civil Miscellaneous Appeal filed u/s.173 of the Motor Vehicles Act,
1988, against the judgment and decree dated 05.12.2018 passed in
M.C.O.P.No.87 of 2017 on the file of Motor Accident Claims Tribunal, III
Additional District Judge, Vellore, Tirupathur.
For Appellant : Mr.S.Sairaman
*****
https://www.mhc.tn.gov.in/judis/
1/8
C.M.A.No.761 of 2021
JUDGMENT
[Judgment of the Court was delivered by R.SUBBIAH, J]
The matter is heard through Video Conferencing.
2. For the sake of convenience, appellant herein is referred to as
'Transport Corporation' and respondents herein are referred to as 'Claimants'.
3. This appeal has been filed by Transport Corporation as against the
award passed by the Tribunal in and by its judgment dated 05.12.2018 passed
in M.C.O.P.No.87 of 2017 on the file of Motor Accident Claims Tribunal, III
Additional District Judge, Vellore, Tirupathur.
4. The brief facts of the case are as follows:
Respondents are children of deceased Sivagnanam. On 24.02.2016 at
about 14.00 hours while the deceased and two others were proceeding in a TVS
Victor Motor Bike bearing Registration No.TN-23-K-5832 on the Vaniyambadi
to Triupattur Main Road, a bus bearing Registration No.TN-23-N-2316
belonging to Transport Corporation came in a rash and negligent manner and
dashed against the two-wheeler of the deceased, as a result of which the
https://www.mhc.tn.gov.in/judis/
C.M.A.No.761 of 2021
deceased sustained grievous injuries. Immediately, the deceased was taken to
Government Hospital, Vaniyambadi. After providing first-aid, the deceased was
taken to TCR Hospital Krishnagiri and then to Nimhans, Bangalore and then
admitted at Brain Spine Hospital, Chennai, where he had taken treatment as
inpatient from 02.03.2016 to 30.05.2016. Again, the deceased was admitted at
Government Hospital, Vaniyambadi, where he died on 31.05.2016. The
deceased was having brick factory and was earning a sum of Rs.35,000/- p.m.
Hence, claimants filed a petition seeking compensation in a sum of
Rs.50,00,000/- for the death of deceased.
5. The said claim was resisted by Transport Corporation by filing a
detailed counter statement interalia contending that the accident had not
occurred in the manner as projected by claimants. They have also denied the
age, occupation and income of the deceased.
6. To prove their claim, on the side of claimants, 3 witnesses were
examined and 15 documents were marked as Exs.P1 to P15. On the side of
Transport Corporation, 1 witness was examined, but no document was marked.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.761 of 2021
7. On appreciation of materials and the entire evidence on record, the
Tribunal arrived at a finding that the accident had occurred due to the rash and
negligent driving of the bus by its driver and the Transport Corporation is liable
to pay compensation. The compensation awarded by the Tribunal is as follows:
Sl.No. Compensation awarded under the head Amount (in Rs.)
1. Loss of Income 6,48,000/-
2. Future Prospects 64,800/-
3. Funeral expenses 15,000/-
4. Love and affection 40,000/-
5. Medical Bills 17,66,292/-
Total 25,34,092/-
The said sum was directed to be paid together with interest at 7.5% p.a. from
the date of claim petition till the date of deposit.
8. The main grievance of learned counsel appearing for Transport
Corporation is that the Tribunal had awarded a sum of Rs.6,48,000/- as
compensation under the head 'loss of income' and separately awarded a sum of
Rs.64,800/- towards future prospects. The amount awarded under the above
heads is on the higher side since the age of the deceased was 56 at the time of
accident. Thus, learned counsel submits that the amount awarded by the
Tribunal needs appropriate reduction.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.761 of 2021
9. This Court has considered the submission of learned counsel
appearing for Transport Corporation. Perused the materials on record.
10. Since only the quantum of compensation is challenged in the present
appeal, this Court is not dealing with the other aspects of the award.
11. Insofar as the quantum of compensation is concerned, this Court
finds that though it was the case of claimants that the deceased was earning
Rs.35,000/- p.m. by running a brick factory, the Tribunal had fixed a notional
sum of Rs.9,000/- as the monthly income of the deceased on the reasoning that
no document was produced to establish that the deceased was earning a sum of
Rs.35,000/- p.m. As the dependants are two, the Tribunal deducted 1/3rd
towards personal expenses of the deceased, which works out to Rs.6,000/-
(9000 – 3000) and arrived at annual income at Rs.72,000/- (6000 * 12). As the
deceased of was aged 56 at the time of accident, the Tribunal applied multiplier
'9' and arrived at compensation payable under the head 'loss of income' at
Rs.6,48,000/- (72000 * 9). Further, the Tribunal had awarded a sum of
Rs.64,800/- separately under the head 'future prospects'. Looking at any angle,
the compensation awarded by the Tribunal under the aforesaid heads cannot be
https://www.mhc.tn.gov.in/judis/
C.M.A.No.761 of 2021
said to be on the higher side. Further, this Court finds that the amount awarded
under the other heads is just and reasonable. This Court does not find any
infirmity in the award passed by the Tribunal.
In the result, the Civil Miscellaneous Appeal is dismissed at the
admission stage. The compensation of Rs.25,34,092/- awarded by the Tribunal
is hereby confirmed. Appellant Transport Corporation is directed to deposit the
compensation, less the amount already deposited, together with interest at 7.5%
p.a. from the date of claim petition till the date of deposit within a period of
eight weeks from the date of receipt of this judgment. On such deposit being
made by Transport Corporation, claimants/children of the deceased are
permitted to withdraw their respective shares, as apportioned by Tribunal,
along with accrued/proportionate interest and costs, less the amount, if any
already withdrawn by them, by filing necessary application before the Tribunal.
No costs. Connected miscellaneous petition is closed.
[R.P.S., J] [S.S.K., J]
10.03.2021
Index: yes/no
Internet:yes/no
gm
https://www.mhc.tn.gov.in/judis/
C.M.A.No.761 of 2021
To
The Motor Accident Claims Tribunal,
III Additional District Judge,
Vellore,
Tirupathur.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.761 of 2021
R.SUBBIAH, J
and
SATHI KUMAR SUKUMARA KURUP, J
gm
C.M.A.No.761 of 2021
10.03.2021
https://www.mhc.tn.gov.in/judis/
