Madras High Court
The Managing Director vs M. Nagalakshmi on 11 March, 2021
C.M.A.No.1079 of 2015 and
C.M.A.No.4461 of 2019 and
M.P.No.1 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A.No.1079 of 2015
and
C.M.A.No.4461 of 2019
and
M.P.No.1 of 2015
C.M.A.No.1079 of 2015
The Managing Director,
Tamilnadu State Transport Corporation Ltd.,
Villupuram, Kancheepuram Division. .. Appellant
Vs.
1.M. Nagalakshmi
2.M. Malarkodi (Minor)
3.M. Shankar (Minor)
4.R. Saratha .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree passed by the Motor
Accident Claims Tribunal, (Special Sub Judge No.II) Chennai in
M.C.O.P.No.524 of 2012 dated 21.04.2014.
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C.M.A.No.1079 of 2015 and
C.M.A.No.4461 of 2019 and
M.P.No.1 of 2015
For Appellant : Mr. K.J. Shivakumar
For Respondents : Mr. K. Varadhakamaraj
C.M.A.No.4461 of 2019
1.M. Nagalakshmi
2.M. Malarkodi (Minor)
3.M. Shankar (Minor)
4.R. Saratha .. Appellants
Vs.
The Managing Director,
Tamilnadu State Transport Corporation Ltd.,
Villupuram, Kancheepuram Division. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 21.04.2014 made
in M.C.O.P.No.524 of 2012 on the file of Motor Accident Claims Tribunal
(Special Sub Court-II) Chennai.
For Appellants : Mr. K. Varadhakamaraj
For Respondent : K.J. Shivakumar
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C.M.A.No.1079 of 2015 and
C.M.A.No.4461 of 2019 and
M.P.No.1 of 2015
COMMON JUDGMENT
C.M.A.No.1079 of 2015 is filed by the Transport Corporation
and C.M.A.No.4461/2019 is filed by the claimants for enhancement of
compensation. In both the appeals quantum is challenged.
2. The factum of the accident; the manner of the accident and
negligence on the part of the driver of the vehicle is not under challenge.
3. The deceased/R.Muthu is the husband of the first claim petitioner
herein and the claim petitioners 2 and 3 are daughter and son respectively and
fourth petitioner is the mother of the deceased and he said to have been
working as a Mason. The claim petitioners have not produced any certificate
from the Tamilnadu Building Workers Association. However, the Tribunal
taking into consideration has held that the deceased was a Mason and
following the decision reported in Syed Siddiq Ali case, has fixed Rs.6,500/-
as monthly income. The same is confirmed.
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C.M.A.No.1079 of 2015 and
C.M.A.No.4461 of 2019 and
M.P.No.1 of 2015
4. Since the claimant was hardly 30 years at the time of the
accident, following the judgment of the Constitution Bench of the Honourable
Apex Court in National Insurance Company Limited V. Pranay Sethi and
others, reported in 2017 (2) TN MAC 609 (SC), 40% has to be added
towards future prospects. After adding 40% the monthly income would be at
Rs.9,100/- (Rs.6,500/- + 40% of Rs.6,500/-).
5. The size of the family is 4 and therefore, as per the judgment of
the Honourable Supreme Court in Sarla Verma & Others .Vs. Delhi
Transport Corporation & another, reported in 2009 (2) TNMAC 1 (SC)
1/4th has to be deducted towards personal expenses and after deducting 1/4 th,
the monthly contribution would be Rs.6,825/- (Rs.9,100/- (-) 1/4 th of
Rs.9,100/-).
6. The appropriate multiplier as per the judgment of the Honourable
Supreme Court in Sarla Verma & Others Vs. Delhi Transport Corporation
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C.M.A.No.1079 of 2015 and
C.M.A.No.4461 of 2019 and
M.P.No.1 of 2015
& another, reported in 2009 (2) TNMAC 1 (SC) is “17”, as the age of the
deceased was 30. Therefore, loss of income would be Rs.13,92,300/-
(Rs.6,825/- X 12 X 17).
7.Loss of consortium:
As per the Constitution Bench's judgment in National Insurance
Company Limited V. Pranay Sethi and others, reported in 2017 (2) TN
MAC 609 (SC), a sum of Rs.40,000/- has to be awarded to the widow
towards consortium, whereas the Tribunal as per the settled position of law at
the time of passing of award, though rightly awarded a sum of Rs.1,00,000/-,
it has to be reduced to Rs.40,000/- and accordingly, it is reduced.
8.Loss of love and affection:
For 2nd and 3rd respondents/minors, a sum of Rs.1,00,000/- each is
awarded towards loss of love and affection as the same is akin to the amount
awarded towards loss of consortium to the wife. A sum of Rs.50,000/- is
awarded towards loss of love and affection to the 4 th respondent/mother of the
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C.M.A.No.1079 of 2015 and
C.M.A.No.4461 of 2019 and
M.P.No.1 of 2015
deceased. Totally, a sum of Rs.2,50,000/- is awarded to the respondents 2 to
4 towards loss of love and affection.
9.Funeral Expenses:
As per the Constitution Bench's judgment in National Insurance
Company Limited V. Pranay Sethi and others, reported in 2017 (2) TN
MAC 609 (SC), Rs.25,000/- awarded by the Tribunal towards funeral
expenses is reduced to Rs.15,000/-.
10.Transport Charges:
No amount was awarded by the Tribunal towards transport charges.
Therefore, a sum of Rs.15,000/- is awarded by this Court towards transport
charges.
11.Loss of Estate:
Since no amount was awarded by the Tribunal, towards loss of estate,
as per the Constitution Bench's judgment of the Honourable Apex Court in
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C.M.A.No.1079 of 2015 and
C.M.A.No.4461 of 2019 and
M.P.No.1 of 2015
National Insurance Company Limited V. Pranay Sethi and others,
reported in 2017 (2) TN MAC 609 (SC), a sum of Rs.15,000/- is awarded
under this head.
12. Hence, award amount of a sum of Rs.13,69,500/- as ordered by
the tribunal stands enhanced to Rs.17,27,300/-.
13. Consequently, the total compensation amount of Rs.13,69,500/-
awarded by the Tribunal is hereby modified and enhanced to Rs.17,27,300/-.
The Transport Corporation is directed to deposit the modified award amount
of Rs.17,27,300/- along with the interest, within a period of twelve weeks,
from the date of receipt of copy of the judgment and on such deposit, the
claimants are permitted to withdraw the entire award amount by filing an
appropriate application and the payments are to be made through RTGS. The
shares of the claimants shall be in the same proportion as apportioned by the
Tribunal. Thus, the award dated 21.04.2014, passed in
M.C.O.P.No.524/2012, stands modified and C.M.A.No.1079/2015 and
http://www.judis.nic.in
C.M.A.No.1079 of 2015 and
C.M.A.No.4461 of 2019 and
M.P.No.1 of 2015
C.M.A.No.4461/2019 stands allowed in part. Consequently, connected
miscellaneous petition is closed.
11.03.2021
AT
Index : Yes / No
Internet : Yes/ No
Note: Issue order copy on 26.03.2021
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C.M.A.No.1079 of 2015 and
C.M.A.No.4461 of 2019 and
M.P.No.1 of 2015
To
1.The Motor Accidents Claims Tribunal,
(Special Sub Judge No.II), Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.No.1079 of 2015 and
C.M.A.No.4461 of 2019 and
M.P.No.1 of 2015
RMT.TEEKAA RAMAN,J.
AT
C.M.A.No.1079 of 2015 and
C.M.A.No.4461 of 2019 and
M.P.No.1 of 2015
11.03.2021
http://www.judis.nic.in
