Madras High Court
Paul Rathinam @ Rathinam vs Tamil Nadu State Transport ... on 25 November, 2021
Rev.Aplc.(MD)No.125 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE R.THARANI
Rev.Aplc(MD)No.125 of 2021
in C.M.A.(MD)No.339 of 2019
1.Paul Rathinam @ Rathinam
2.Arockiyamary
3.Anandha Anil Priya
4.Minor. Arikket Sabarinathan
(R4 is minor rep. by his guardian
and father, the first respondent
Paul Rathinam @ Rathinam ... Petitioners
Vs.
1.Tamil Nadu State Transport Corporation,
(Kumbakonam) Ltd., Managiri Road,
Marudhupathi,
Karaikudi – 630 307.
2.V.Veeranan ... Respondents
Prayer: Review Application is filed under Order 47 Rule 1 and 2 r/w. Section
114 of C.P.C., to review the judgment passed in C.M.A.(MD)No.339 of 2019,
dated 03.02.2020.
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Rev.Aplc.(MD)No.125 of 2021
For Petitioners : Mr.VR.Shanmuganathan
For R1 : Mr.P.Prabhakaran
ORDER
This Review Application has been filed to review the judgment passed
in C.M.A.(MD)No.339 of 2019, dated 03.02.2020.
2.Heard both sides.
3. On the side of the petitioner, it is stated that there is a mistake in the
income calculated by this court and twice 50% of the income was deducted in
para No.10 and 11.
4. On the side of the respondent, it is stated that it is not double
deduction and the Court fixed the monthly income only as Rs.5,000/- and
including 40% future prospects calculated the monthly income as Rs.7,000/-
and has deducted Rs.3,500/-, thereafter.
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Rev.Aplc.(MD)No.125 of 2021
5. A perusal of the records reveals that the mistake was committed by
this Court and that there was double deduction. Hence, in Paragraph No.10,
the wordings “including future prospects” and in Paragraph No.11, in the third
line, the wordings “The Tribunal has not deducted any amount towards
personal expenses of the deceased” and the sentence “out of which, the
deceased might have contributed Rs.3,500/- for the family” have to be deleted
and Rs.7,56,000/- (Rupees Seven Lakhs Fifty Six Thousand only) is to be
modified as Rs.15,12,000/- (Rupees Fifteen Lakhs Twelve Thousand only).
6. Another mistake in paragraph Nos.12 and 13 is found out by this
Court, a sum of Rs.1,10,000/- was awarded towards funeral expenses, love and
affection etc and as per Pranay Sethi's case, the amount towards conventional
charges is to be fixed as Rs.70,000/- (Rupees Seventy Thousand only). The
appellant counsel fairly conceded for the correction. Paragraph No.12 is to be
deleted and in paragraph No.13, the amount Rs.80,000/- (Rupees Eighty
Thousand only), is to be modified as Rs.70,000/- (Rupees Seventy Thousand
only) and in the second line “loss of income” is to be modified as
“conventional charges”. In third line, the amount Rs.8,66,000/- (Rupees Eight
Lakhs Sixty Six Thousand only) is to be modified as Rs.15,82,000/- (Rupees
Fifteen Lakhs Eighty Two Thousand only).
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Rev.Aplc.(MD)No.125 of 2021
7. In Paragraph Nos.14 and 15, the amount as Rs.8,66,000/- (Rupees
Eight Lakhs Sixty Six Thousand only) is to be modified as Rs.15,82,000/-
(Rupees Fifteen Lakhs Eighty Two Thousand only). Rs.3,40,000/- (Rupees
Three Lakhs Fourty Thousand only) is to be modified as Rs.5,00,000/-
(Rupees Five Lakhs only) and the amount Rs.93,000/- (Rupees Ninety Three
Thousand only) is to be modified as Rs.2,91,000/- (Rupees Two Lakhs
Ninety One Thousand only) each. In the last line, the wordings “The
Registry is directed to draft the decree after the receipt of Court fee for
the enhancement amount, from the claimants.” is to be added.
8. In view of the same, the Paragraph Nos.10 to 15, of C.M.A.(MD)No.
339 of 2019, are modified as follows”-
“10.Regarding the quantum, the claim of the appellant is that
the deceased was earning Rs.5,000/- (Rupees Five Thousand only)
per month by taking tuition at home. The deceased has completed
B.Sc. Mathematics and was doing B.Ed at the time of the accident.
The Tribunal has fixed the income as Rs.10,000/- (Rupees Ten
Thousand only) on that basis after deducting 50% towards personal
expenses fixed the income as Rs.5,000/- (Rupees Five Thousand
only).
11.The Tribunal has fixed the future prospects as 50%. As
per Praney Sethi case, since the age of the deceased is 19 years,
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Rev.Aplc.(MD)No.125 of 2021
only 40 % has to be taken into account as future prospects. After
including 40 % towards future prospects, the monthly income will
be Rs.7,000/- (Rupees Seven Thousand only). After applying
multiplier '18', the claimants are entitled to Rs.15,12,000/- (Rupees
Fifteen Lakhs and Twelve Thousand only) as loss of income.
12. As per Pranay Sethi's case, the claimants are entitled
to Rs.70,000/- (Rupees Seventy Thousand only) towards
conventional charges. Therefore, the total compensation to be
awarded would be Rs.15,82,000/- (Rupees Fifteen Lakhs and
Eighty TwoThousand only). The interest is fixed at 7.5 % per
annum.
13.In the result, this Civil Miscellenaous Appeal is partly
allowed. Out of Rs.15,82,000/- (Rupees Fifteen Lakhs and
Eighty TwoThousand only), the respondents 1 and 2/claimants 1
and 2 are entitled to Rs.5,00,000/- (Rupees Five Lakhs only)
each, the respondents 3 and 4/claimants 3 and 4 who are the
brother and sister of the deceased are entitled to Rs.2,91,000/-
(Rupees Two Lakhs Ninety One Thousand only) each as
compensation with interest at the rate of 7.5 % from the date of the
claim petition till the date of realization.
14.The appellant is directed to deposit Rs.15,82,000/-
(Rupees Fifteen Lakhs and Eighty TwoThousand only) with
7.5% interest from date of the claim petition till the date of
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Rev.Aplc.(MD)No.125 of 2021
realization and less the amount if deposited earlier, has to be
deposited within a period of 8 weeks from the date of receipt of
copy of this order. On such deposit, the claimants are permitted to
withdraw their respective shares with proportionate interest after
deducting any amount received by them earlier after filing petition
before the Tribunal. Insofar as the shares of the minor/4th
respondent is concerned, the Tribunal is directed to deposit the
same in a Fixed Deposit under a periodically renewable scheme till
he attains majority and the first respondent, the Guardian of the
minor, is permitted to withdraw the interest accrued thereon once
in three months for the welfare of the minors. No Costs.
Consequently, connected miscellaneous petition is closed.”
9. The Registry is directed to furnish fresh order copy. This Review
Application is allowed. No costs.
25.11.2021
Ls
To
The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Rev.Aplc.(MD)No.125 of 2021
https://www.mhc.tn.gov.in/judis
Rev.Aplc.(MD)No.125 of 2021
R.THARANI,J.
Ls
Rev.Aplc(MD)No.125 of 2021
25.11.2021
https://www.mhc.tn.gov.in/judis
