Madras High Court
Pandiammal vs The Managing Director on 9 November, 2021
CMA(MD)No.894 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.894 of 2014
1.Pandiammal
2.P.Karthigaisamy
3.P.Rakkammal
... Appellants
vs.
The Managing Director,
Tamil Nadu State Transport Corporation,
Bye Pass Road, Madurai. ... Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the Judgment dated 21.09.2012 in
MCOP.No.548 of 2009 on the file of the Motor Accident Claims Tribunal
cum District and Sessions Court, Communal Clash Cases Court,
Madurai.
For Appellants :Mr.C.Jawahar Ravindran
For Respondent : Mr.P.Prabhakaran
https://www.mhc.tn.gov.in/judis
1/6
CMA(MD)No.894 of 2014
JUDGMENT
The appellants filed this appeal to set aside the Judgment dated
21.09.2012 in MCOP.No.548 of 2009 on the file of the Motor Accident
Claims Tribunal cum District and Sessions Court, Communal Clash
Cases Court, Madurai.
2. On 18.10.2007, the deceased, namely, Periasamy, was travelling
along with his wife in a bus bearing Registration No. TN 58 N 0018.
When the deceased got down from the bus at Arralioothu bus stop, the
driver of bus suddenly moved the bus in a rash and negligent manner, as
a result of which, the deceased fell down and the back wheel of the bus
ran over him. Due to the injuries sustained in the accident, he died in the
Hospital on the same day.
3. The first appellant is the wife of the deceased, second appellant
is the son and the third appellant is the daughter. They filed MCOP.No.
548 of 2009 before the Motor Accident Claims Tribunal cum District and
Sessions Court, Communal Clash Cases Court, Madurai claiming
compensation for the demise of Periasamy.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.894 of 2014
4. The Motor Accident Claims Tribunal cum District and Sessions
Court, Communal Clash Cases Court, Madurai after perusing the
materials on record, awarded a sum of Rs.1,82,000/- together with
interest at the rate of 7.5% to the appellants/claimants as compensation.
Seeking enhancement of the awarded compensation, the
appellants/claimants have filed this appeal.
5. The learned counsel appearing for the appellants submitted that
the monthly income of the deceased fixed by the Tribunal at Rs.1,500/- is
very low. He further submitted that the compensation awarded by the
Tribunal under other heads are also low. Hence, he seeks enhancement
of compensation awarded by the Tribunal.
6. The learned counsel appearing for the respondent submitted that
the Tribunal after analysing the evidences and documents awarded a just
compensation and the same need not be enhanced.
7. According to the appellants, the deceased was doing agriculture
and was also working as a labourer, earning a sum of Rs.10,000/- per
month. This Court is of the opinion that fixing Rs.1,500/- as salary to a
person, in the year 2007 is very low. Since the deceased was a labourer
https://www.mhc.tn.gov.in/judis
CMA(MD)No.894 of 2014
and in addition to that he was also doing agriculture, this Court fixes his
monthly income at Rs.4,500/-. Since there are three dependants
depending on the income of the deceased, 1/3rd of the income deducted
by the Trial Court towards the personal expenses of the deceased is
confirmed. Hence, it would amount to Rs.4,500/- x 1/3 deduction = Rs.
3,000/-. The Tribunal considering the age of the first appellant/first
claimant, who is the wife of the deceased, fixed the multiplier as 11,
which is improper. As per the Ex.P2, Post Mortem Report and Ex.P4,
Legal Heirship Certificate, the age of the deceased was 61 years on the
date of the accident and hence, the proper multiplier to be adopted in the
instant case is 7 as per the decision rendered in Sarlavarma and others
vs. Delhi Transport Corporation and another reported in (2009) 6
SCC 121. Thus, the loss of income would come to Rs.3,000/- x 12 x 7 =
Rs.2,52,000/-. All the other heads awarded by the Trial Court are
reasonable and are hereby confirmed. The award passed by this Court
under various heads is extracted hereunder:
S.No. Head Amount granted
by this court
1. Loss of income Rs.2,52,000/-
2. Loss of Consortium Rs.20,000/-
https://www.mhc.tn.gov.in/judis
CMA(MD)No.894 of 2014
S.No. Head Amount granted
by this court
3. Loss of love and affection to the Rs.20,000/-
nd rd
2 and 3 appellants
4. Funeral Expenses Rs.5,000/-
5. Transportation Rs.5,000/-
Total Rs.3,02,000/-
7. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The compensation awarded by the Tribunal is enhanced from
Rs.1,82,000/- to Rs.3,02,000/- with interest at the rate of 7.5% per
annum.
(iii) The appellants / claimants are directed to pay the court fee for
the enhanced compensation amount, if any.
(iv) The respondent is directed to deposit the enhanced
compensation amount i.e., Rs.3,02,000/- (less the amount already
deposited), if any, together with interest at the rate of 7.5% per annum
from the date of claim petition till the date of deposit to the credit of
MCOP.No.548 of 2009 on the file of the District and Sessions Court,
Communal Clash Cases Court, Madurai within a period of six weeks
from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.894 of 2014
S.ANANTHI, J.
mbi
(v) On such deposit being made, the appellants are at liberty to
withdraw the same as per the order passed by the Tribunal after following
due process of law. The apportionment granted by the Tribunal shall be
kept intact.
09.11.2021
Index : Yes/No
Internet : Yes/No
mbi
Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
The District and Sessions Court,
Communal Clash Cases Court, Madurai
CMA(MD)No.894 of 2014
https://www.mhc.tn.gov.in/judis
