Madras High Court
The Managing Director vs Ayyammal on 25 November, 2021
C.M.A. No.1225 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
C.M.A. No.1225 of 2019
and CMP.No.3397 of 2019
The Managing Director,
Karnataka State Road Transport Corporation,
Shanthi Nagar, K.H.Road,
Bengaluru, Karnataka State. ...appellant
Vs.
1. Ayyammal
2. Praveenraj
3. Keerthika
4. P.Manimaran
5. Tata AIG General Insurance Company Ltd.,
Sankari Main Road, Sankari,
Salem District 637301. ...respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicle Act, 1988 against the judgment and decree dated 13.10.2017
passed in MCOP.No.2934 of 2015 on the file of the Motor Accident Claims
Tribunal, (I Additional District Court) at Salem.
For Appellant : Mr.T.Thiyagarajan
For RR1 to 4 : No Appearance
For R5 : M/s.Harini
for M/s.M.B.Gopalan Associates
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C.M.A. No.1225 of 2019
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
13.10.2017 passed by the Motor Accident Claims Tribunal, (I Additional
District Court) at Salem in MCOP.No.2934 of 2015.
3. It is the case of the respondents 1 to 3/claimants that on 10.11.2015
at about 3.30 hours, the deceased Venkatachalam was riding his Bajaj Boxor
Motorcycle bearing Registration No.TN-27-P-5170 on Bangalore Bye Pass
Road. While he was nearing the Engineering College Main Gate at Salem-
Omalur Main Road, a Trailer Lorry bearing Registration No.TN-28-AM-
2266 was taken reverse by its driver, hence the deceased stopped his
Motorcycle on the extreme end of the Road. At that time, a Bus bearing
Registration No.KA-57-F-0931 driven by its driver in a rash and negligent
manner, hit on the back of the Motorcycle. Due to the sudden impact, the
deceased lost his balance and hit against the Trailer and caused the accident,
as a result of which, the deceased sustained grievous injuries and died on
the way to Hospital.
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C.M.A. No.1225 of 2019
4. According to the claimants, the deceased was working as a Fitter in
Dalmia Board and earning Rs.25,000/- per month, hence, they are entitled
to a sum of Rs.30,00,000/- as compensation.
5. The appellant/ Transport Corporation resisted the claim disputing
the manner of accident, age, occupation and income of the deceased and
their 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 P17 were marked. On the side of the
Transport Corporation, RW1 to RW3 were examined and Exs.R1 to R5
were 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.22,02,016/- 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:
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C.M.A. No.1225 of 2019
S. Heads under which the amount Amount in Rs.
No. is awarded by the Tribunal
1. Transport Expenses 5,000
2. Funeral Expenses 20,000
3. Consortium to the first claimant 20,000
4. Filial Consortium to the Claimants 2 and 3 40,000
5. Loss of Income 21,17,016
Total 22,02,016
8. The learned counsel appearing of the appellant/Transport
Corporation would submit that the monthly income taken by the Tribunal
for the deceased, for calculating loss of Income was on the higher side.
Further, the Tribunal has not followed the legal precedents of the Hon'ble
Apex Court while arriving at the quantum.
9. Heard the learned counsels appearing for the parties and perused
the materials available on record.
10. In the instant case, it is not in dispute that the deceased
Venkatachalam met with an accident and died on 10.11.2015. At the time of
the accident, the deceased was 51 years and working as a Fitter in Dalmia
Board. Based on Ex.P14 Salary Slip, the monthly income of the deceased is
taken at Rs.16,000/- and 15% is added towards future prospects, the total
amount comes to Rs.18,400/- [16,000 + 2,400]. If 1/3 is deducted towards
the personal expenses of the deceased, the contribution to the family would
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C.M.A. No.1225 of 2019
be Rs.12,267/- [18,400 – 6,133]. Considering the fact that the deceased
being 51 years at the time of the accident, multiplier “11” is applied and the
Loss of Income is arrived at Rs.16,19,244/- [12,267 x 12 x 11].
11. In addition to that, this Court is inclined to award, Rs.80,000/-
towards Filial Consortium to the claimants 2 and 3/children of the deceased;
Rs.40,000/- towards Consortium to the first claimant/wife; Rs.15,000/-
towards funeral expenses; Rs.15,000/- towards Loss of Estate; and
Rs.5,000/- towards Transportation Expenses; In total, the claimant is
entitled to Rs.17,74,244/- 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 by Amount awarded by
No. amount is awarded by the the Tribunal in Rs. this Court in Rs.
Tribunal
1. Transport Expenses 5,000 5,000
2. Funeral Expenses 20,000 15,000
3. Consortium to the first 20,000 40,000
claimant
4. Filial Consortium to the 40,000 80,000
Claimants 2 and 3
5. Loss of Estate - 15,000
6. Loss of Income 21,17,016 16,19,244
Total 22,02,016 17,74,244
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C.M.A. No.1225 of 2019
12. 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 first claimant is permitted to withdraw Rs.7,74,244/- together with
proportionate interest and costs; second and third claimants are permitted to
withdraw Rs.5,00,000/- each together with proportionate interest and costs.
No costs. Consequently, connected Miscellaneous Petition is closed.
[M.K.K.S, J] [V.S.G., J]
25.11.2021
Index : Yes / No
Speaking order: Yes/No
pvs
To
1. I Additional District Court, Salem
Motor Accident Claims Tribunal-I, Tiruvallur
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.1225 of 2019
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
C.M.A. No.1225 of 2019
25.11.2021
https://www.mhc.tn.gov.in/judis
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