Madras High Court
Express Transport vs Vijayakumar on 18 November, 2021
CMA(MD)No.670 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
CMA(MD)No.670 of 2020 &
CMP(MD)No.6717 of 2020
Express Transport,
Tamil Nadu State Corporation Limited,
Rep. by its Managing Director,
Anna Salai, Chennai - 600 002.
... Appellant
vs.
1.Vijayakumar
2.Tamizhil Selvi
3.Ravathi
4.Dinesh ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 to set aside the award and decree dated
14.08.2019 in MCOP.No.1690 of 2014 on the file of the Motor Accident
Claims Tribunal, Special District Court, Tiruchirappalli.
For Appellant :Mr.P.Prabhakaran
For Respondents : Mr.P.Arun Jayatram
https://www.mhc.tn.gov.in/judis
1/8
CMA(MD)No.670 of 2020
JUDGMENT
The Express Transport, Tamil Nadu State Corporation Limited
filed this appeal to set aside the Judgment and decree dated 14.08.2019 in
MCOP.No.1690 of 2014 on the file of the Motor Accident Claims
Tribunal, Special District Court, Tiruchirappalli.
2. The case of the respondents/claimants is that on 27.07.2014, at
about 03.30 am, when the deceased Ashok Kumar was travelling in a bus
bearing Registration No.TN 01 AN 0061, belonging to the appellant, the
driver of the bus drove the vehicle in a rash and negligent manner and hit
on a parked lorry bearing Registration No.PY 03 2454, as a result of
which, the deceased Ashok Kumar sustained fatal injuries and died on
the way to Hospital.
3. The first respondent is the father, the second respondent is the
mother and the third and fourth respondents are sister and brother of the
deceased. They filed MCOP.No.1690 of 2014 on the file of the Motor
Accident Claims Tribunal, Special District Court, Tiruchirappalli
claiming compensation for the demise of Ashok Kumar.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.670 of 2020
4. The Motor Accident Claims Tribunal, Special District Court,
Tiruchirappalli after analysing the evidence on record, awarded a
compensation of Rs.20,04,400/- together with interest at the rate of 7.5%
per annum to the claimants. Questioning the liability and quantum of
compensation awarded by the Tribunal, the appellant has filed this
appeal.
5. The learned counsel appearing for the appellant would submit
that though the appellant has filed this appeal on the ground of liability
and quantum of compensation, he would restrict his arguments only with
regard to quantum of compensation. He would submit that the Tribunal
without any document fixed the monthly income of the deceased at Rs.
12,000/- and added 40% future prospects, which is very high. The
Tribunal also erred in awarding Rs.40,000/- to each of the
respondents/claimants towards filial consortium. He would submit that
the other heads awarded by the Tribunal are also on the higher side.
6. The learned counsel appearing for the respondents/claimants
would submit that the Tribunal taking into consideration all the aspects,
has awarded a just compensation and the same need not be reduced.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.670 of 2020
7. According to the respondents/claimants, the deceased was
working as Sales Engineer in Trimline Medical Systems at Chennai and
was earning a sum of Rs.20,500/- per month. The respondents have also
adduced Ex.P9, Salary Certificate to prove the salary of the deceased.
They have also adduced Ex.P13, Identity Card. One Manimaran,
Manager of Trimline Medical Systems was also examined as PW3 to
prove that the deceased was working in the said Company, earning a sum
of Rs.20,500/- per month. The Tribunal concluded that Ex.P9, Salary
Certificate is not a best evidence and fixed the notional monthly income
of the deceased at Rs.12,000/-. The accident took place in the year 2014
and the deceased was aged 24 years. Hence, the notional monthly
income fixed by the Tribunal is reasonable. As per the decision of the
Hon'ble Supreme Court in National Insurance Co. vs Pranay sethi and
others reported in 2017 (2) TNMAC 601, the Tribunal rightly added
40% towards future prospects of the deceased. Hence, the monthly
income fixed by the Tribunal cannot be said to be on the higher side.
Admittedly, the deceased was a bachelor and therefore, the Tribunal
deducted 1/2 share of his income towards personal expenses and also
rightly adopted the multiplier of 18. Therefore, the loss of dependency
calculated at Rs.18,14,400/- is not on the higher side. The Tribunal
https://www.mhc.tn.gov.in/judis
CMA(MD)No.670 of 2020
awarded Rs.40,000/- to each of the claimants towards filial consortium.
However, only the parents are entitled for grant of consortium. Hence,
Rs.80,000/- awarded to the third and fourth respondents towards filial
consortium is hereby deducted. All the other heads awarded by the
Tribunal are just and reasonable. The quantum of compensation awarded
by this Court is extracted hereunder:
S.No. Head Amount granted
by this Court
1. Loss of dependency Rs.18,14,400/-
2. Filial Consortium to the first Rs.80,000/-
and second respondents
3. Loss of estate Rs.15,000/-
4. Funeral Expenses Rs.15,000/-
Total Rs.19,24,400/-
8. In the result,
(i) The Civil Miscellaneous Appeal is partly allowed. No costs.
Consequently, the connected Miscellaneous Petition is closed.
(ii) The compensation awarded by the Tribunal is reduced from Rs.
20,04,400/- to Rs.19,24,400/- which would carry interest at the rate of
7.5% per annum.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.670 of 2020
(iii) The appellant is directed to deposit the compensation awarded
by this Court i.e., Rs.19,24,400/- (less the amount already deposited)
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.1690 of
2014 on the file of the Motor Accident Claims Tribunal, Special District
Court, Tiruchirappalli within a period of six weeks from the date of
receipt of a copy of this order. If the amount already deposited by the
appellant, if any, is in excess of the amount awarded by this court, the
appellant is at liberty to withdraw the same.
(iv) On such deposit being made, the respondents / claimants are at
liberty to withdraw the same after following due process of law. The
apportionment granted by the Tribunal is kept intact.
18.11.2021
Index : Yes/No
Internet : Yes/No
mbi
Note : (i) Issue Order Copy on 25.11.2021.
(ii) 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.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.670 of 2020
To
The Motor Accident Claims Tribunal,
Special District Court, Tiruchirappalli.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.670 of 2020
S.ANANTHI, J.
mbi
CMA(MD)No.670 of 2020
18.11.2021
https://www.mhc.tn.gov.in/judis
