Madras High Court

The Managing Director vs Nithya Devi on 24 November, 2021

C.M.A. No.1709 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2021

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

C.M.A. No.1709 of 2021
and CMP.No.9022 of 2021

The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Villupuram. ...appellant

Vs.

1. Nithya Devi
2. Minor Rakshitha
3. Minor Saswath
[Minors 2 and 3 are rep. by their next
friend/natural guardian first petitioner mother]
4. Rani
5. Vijayalakshmi ...respondents

Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988 against the judgment and decree dated 13.11.2018 made
in MCOP.No.187 of 2016 on the file of the Motor Accident Claims Tribunal,
the Special District Judge (MACT) Villupuram.
For Appellant : Mr.Varunkumar Manonidhi
for Mr.K.J.Sivakumar
For RR1 to 5 : Mrs.G.DJEARANY

https://www.mhc.tn.gov.in/judis
Page No.1/8
C.M.A. No.1709 of 2021

JUDGMENT

[Judgment of the Court was delivered K.KALYANASUNDARAM, J]

The appeal is heard through video conferencing.

2. This appeal is directed against the judgment and decree, dated

13.11.2018 passed by the Motor Accident Claims Tribunal/the Special

District Judge (MACT) Villupuram in MCOP.No.187 of 2016.

3. It is the case of the respondents/claimants that, on 11.03.2016, the

deceased Kirubanidhi was returning home in his two-wheeler bearing

Registration No.PY-01-BB-6190. While he was crossing the SVS Oil Mill in

Villupuram-Pondy National Highway, a Bus bearing Registration No.TN-

32-N-2643 belonging to the appellant/Transport Corporation, driven by its

driver in a rash and negligent manner, dashed against the deceased. Due to

the impact, the deceased sustained grievous injuries and he was admitted in

Mundiyampakkam Government College and Hospital. Thereafter, he was

referred to JIPMER Hospital, Pondicherry. Eventually, he died on

18.03.2016.

https://www.mhc.tn.gov.in/judis Page No.2/8 C.M.A. No.1709 of 2021

4. The claimants stated that the deceased was working as a Gate

Keeper in Railway Department and earning Rs.20,943/- per month. Since

the accident had occurred due to the negligence of the driver of the

Transport Corporation, they seek a compensation of Rs.45,00,000/-.

5. Resisting the claim petition, the appellant/ Transport Corporation

filed their counter statement disputing the manner of accident as projected

by the claimants, age, occupation and income of the deceased and its

liability to pay the compensation.

6. To substantiate the case, on the side of the claimants, PW1 to PW3

were examined and Exs.P1 to P12 were marked. On the side of the

Transport Corporation, RW1 was examined, but no document was marked.

7. The Tribunal, after considering the oral and documentary evidence,

held that the accident had occurred due to the rash and negligent driving of

the driver of the Transport Corporation Bus and awarded a compensation of

Rs.45,27,808/- along with the interest at the rate of 7.5% p.a. The break-up

details of the amounts awarded by the Tribunal under various heads are as

follows:

https://www.mhc.tn.gov.in/judis Page No.3/8 C.M.A. No.1709 of 2021

S. Heads under which the amount Amount in Rs.

                           No.            is awarded by the Tribunal
                          1.      Loss of Income                             44,57,808
                          2.      Funeral Expenses                              15,000
                          3.      Loss of Estate                                15,000
                          4.      Loss of Consortium                            40,000
                                                           Total             45,27,808

8. The learned counsel appearing for the appellant/Transport

Corporation would state that there are totally 5 claimants in this case and as

per the decision of Supreme Court in National Insurance Company

Limited vs. Pranay Sethi and others [(2017) 16 SCC 680], the Tribunal

ought to have deducted 1/4 towards personal expenses of the deceased,

instead of deducting 1/5. That apart, it is contended that the award is on the

higher side.

9. It is the submission of the learned counsel appearing for the

respondents/claimants that, insofar as consortium is concerned, the Tribunal

has awarded only to the first claimant/wife of the deceased, the other

claimants, who are the mother and children of the dececased, are also

entitled for the Filial Consortium.

https://www.mhc.tn.gov.in/judis Page No.4/8 C.M.A. No.1709 of 2021

10. Heard the submissions made on either side and perused the

materials available on record.

11. The Hon'ble Apex Court in Pranay Sethi (supra) has held that, if

the number of claimants exceeds 6, 1/5 has to be deducted for personal

expenses. In the case on hand, the total claimants are numbering 5, hence,

1/4 has to be deducted for the Personal Expenses. Ex.P12 salary certificate

shows monthly income of the deceased as Rs.18,210/-, then the annual

income comes to Rs.2,18,520/- [18,210 x 12]. It is not in dispute that the

deceased was a permanent employee in Railways and he died at the age of

26 years, therefore 50% is added for future prospectus, which comes to

Rs.3,27,780/- [2,18,520 + 1,09,260]. After deducting 1/4 therefrom

towards personsal expenses of the deceased, contribution to the family

comes to Rs.2,45,835/- [3,27,780 – 81,945]. If proper multiplier 17 is

applied, the Loss of Income would be Rs.41,79,195/-.

12. Further, the sum of Rs.40,000/- awarded by the Tribunal towards

Loss of Consortium to the first claimant/wife of the deceased, is confirmed

and in addition Rs.1,60,000/- is awarded to the claimants 2 to 4 as per the

recent decision of the Apex Court. The award passed by the Tribunal under https://www.mhc.tn.gov.in/judis Page No.5/8 C.M.A. No.1709 of 2021

the conventional heads, viz., Rs.15,000/- towards Funeral Expenses;

Rs.15,000/- towards Loss of Estate is confirmed. In total, the claimant is

entitled to Rs.44,09,195/- along with interest at the rate of 7.5% per annum

from the date of claim petition till the date of realization. Thus, the total

compensation payable to the claimants is re-calculated and tabulated below:

S. Heads under which the Amount awarded Amount awarded No. amount is awarded by by the Tribunal in by this Court in the Tribunal Rs. Rs.

                          1.      Loss of Income                     44,57,808          41,79,195
                          2.      Funeral Expenses                      15,000             15,000
                          3.      Loss of Estate                        15,000             15,000
                          4.      Loss of Consortium to the             40,000             40,000
                                  1st claimant
                          5.      Loss of Consortium to the                   -          1,60,000
                                  claimants 2 to 4
                                                                     45,27,808          44,09,195
                                  Total

13. In view of the above modifications, the Civil Miscellaneous

Appeal is partly allowed. The appellant/Transport Corporation is directed to

deposit the above modified award amount with accrued interest and costs,

less the amount already deposited, if any, within a period of eight weeks

from the date of receipt of a copy of this judgment. On such deposit, the

major claimants 1 and 4 are permitted to withdraw the award amount, less

the amount already withdrawn, if any, together with proportionate interest

https://www.mhc.tn.gov.in/judis Page No.6/8 C.M.A. No.1709 of 2021

and costs. Insofar as the claimants 2 and 3/minor children of the deceased

are concerned, their shares shall be deposited by the Tribunal in any Fixed

Deposit Scheme in any one of the Nationalised Banks and it shall be

renewed periodically till they attain majority and the interest accrued

thereon shall be withdrawn by the first claimant/mother once in three

months. The apportionment of shares as fixed by the Tribunal to the

claimants remains unaltered. No costs. Consequently, connected

Miscellaneous Petition is closed.



                                                                       [M.K.K.S, J] [V.S.G., J]
                                                                               24.11.2021
                Index       : Yes / No
                Speaking order: Yes/No
                pvs


                To
                1. The Special District Judge (MACT),