Madras High Court
The Managing Director vs K.Sivakumar on 1 October, 2021
C.M.A.No.1943 of 2021 etc.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.Nos.1943, 1945 & 1946 of 2021
and C.M.P.Nos.10469, 10474 & 10476 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation (VPM) Ltd.,
Villupuram Division - I,
Villupuram. .. Appellant in all the CMAs
Vs.
K.Sivakumar .. Respondent in C.M.A.No.1943/2021
1. K.Seenu
2. Minor Nandhin,
3. Minor Karithika
4. Minor Ragavan
(R2 to R4 rep by their
NF & NG, R1) ..Respondents in C.M.A.No.1945/2021
Minor Ragavan
(Respondent rep by his NF &
NG Mr.K.Seenu) .. Respondent in C.M.A.No.1946/2021
Prayer in all the CMAs: Civil Miscellaneous Appeals filed under Section
173 of the Motor Vehicles Act, 1989 seeking to set aside the judgment and
decree dated 30.01.2020 made in M.C.O.P.No.233 of 2017, M.C.O.P.No.259
of 2017 and M.C.O.P.No.255 of 2017 respectively on the file of Motor
Accident Claims Tribunal, Special Subordinate Court, Tiruvannamalai.
https://www.mhc.tn.gov.in/judis/
1/8
C.M.A.No.1943 of 2021 etc.,
For Appellant : Mr.K.J.Sivakumar
in all the CMAs
-----
COMMON JUDGMENT
(The case has been heard through video conference)
These appeals have been filed by the Transport Corporation
challenging the quantum of compensation awarded by the Motor Accidents
Claims Tribunal, Special Subordinate Court, Tiruvannamalai in the common
award dated 30.01.2020, passed in M.C.O.P.Nos.233, 259 and 255 of 2017.
2. M.C.O.P.Nos.233 and 259 of 2017 are fatal accident claims. In
M.C.O.P.No.233 of 2017, the deceased was aged 22 years old and the
deceased in M.C.O.P.No.259 of 2017, was aged 25 years old.
M.C.O.P.No.255 of 2017, pertains to the claim made by a 7 days old baby
for the injuries sustained by him. Both the deceased were labourers. The
Tribunal under the impugned award directed the appellant transport
corporation to pay the respective claimants compensation as detailed
hereunder:
M.C.O.P.No.233 of 2017
Sl. Heads Amount in Rs.
No.
1. Loss of Income 9,82,800
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1943 of 2021 etc.,
Sl. Heads Amount in Rs.
No.
2. Loss of consortium 40,000
3. Loss of estate 15,000
4. Funeral expenses 15,000
Total 10,52,800
M.C.O.P.No.259 of 2017
Sl. Heads Amount in Rs.
No.
1. Loss of Income 14,74,200
2. Loss of consortium 40,000
3. Loss of love and affection to R2 to R4 (30,000 x 3) 90,000
4. Loss of estate 15,000
5. Funeral expenses 15,000
Total 10,52,800
M.C.O.P.No.255 of 2017
Sl. Heads Amount in Rs.
No.
1. Lump sum compensation 35,000
Total 35,000
3. The cause of the accident has not been disputed by the appellant
transport corporation. In these appeals, they have only disputed the quantum
of compensation awarded by the Tribunal to the respective claimants. The
accident happened on 03.12.2016. In the claim petitions filed by the
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1943 of 2021 etc.,
dependents of the deceased, they have pleaded that the respective deceased
was earning Rs.9,000/- p.m. According to the claimants, the deceased were
building workers. In M.C.O.P.No.233 of 2017, the deceased was aged 22
years and in M.C.O.P.No.259 of 2017, the deceased was aged 25 years. In
M.C.O.P.No.255 of 2017, the injured victim was a seven day old baby. In so
far as the fatal accident case claimants are concerned, the Tribunal has fixed
the notional monthly income of the deceased at Rs.6,500/-. The accident
happened in the year 2016, after giving due consideration to the year of the
accident, this Court is of the considered view that the assessment of the
notional monthly income of the deceased at Rs.6,500/- cannot be considered
to be excessive in both the fatal accident cases. The Tribunal has adopted
the correct multiplier of 18, since the respective deceased were aged 22 years
and 25 years respectively. Only by adopting the correct multiplier and by
assessing the correct monthly income, the Tribunal has assessed the loss of
dependency to the claimants in M.C.O.P.Nos.233 & 259 of 2017.
4. In so far as M.C.O.P.No.233 of 2017 is concerned, the Tribunal has
assessed the loss of income at Rs.9,82,800/- and has also added loss of future
prospectus, which is the correct assessment and therefore the same is
confirmed by this Court. So far as the award of compensation of Rs.40,000/-
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1943 of 2021 etc.,
towards loss of consortium, Rs.15,000/- towards loss of estate and
Rs.15,000/- towards funeral expenses for the claimants in M.C.O.P.No.233
of 2017, it cannot be considered to be excessive as alleged by the appellant
transport corporation and therefore, the same is also confirmed by this Court.
The total compensation awarded by the Tribunal to the claimants in
M.C.O.P.No.233 of 2017 at Rs.10,52,800/- cannot be considered to be
excessive as alleged by the appellant transport corporation and therefore the
same is confirmed by this Court.
5. In so far as M.C.O.P.No.259 of 2017 is concerned, which is also a
fatal accident claim, the Tribunal similarly as assessed the notional monthly
income at Rs.6,500/- for the deceased who is also a building worker. The
Tribunal has also adopted the correct multiplier of 18 and also rightly
awarded loss of future prospects at 40% and only thereafter has assessed the
loss of income to the claimants in M.C.O.P.No.259 of 2017 at
Rs.14,74,200/- and the same is confirmed by this Court. So far as the award
of compensation of Rs.40,000/- towards loss of consortium, Rs.90,000/-
towards loss of love and affection, Rs.15,000/- towards loss of estate and
Rs.15,000/- towards funeral expenses for the claimants in M.C.O.P.No.259
of 2017, it cannot be considered to be excessive as alleged by the appellant
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1943 of 2021 etc.,
transport corporation and therefore, the same is also confirmed by this Court.
The total compensation awarded by the Tribunal to the claimants in
M.C.O.P.No.233 of 2017 at Rs.16,34,200/- cannot be considered to be
excessive as alleged by the appellant transport corporation and therefore the
same is also confirmed by this Court.
6. So far as the compensation awarded by the Tribunal for the injured
victim who is a seven days old baby in M.C.O.P.No.255 of 2017 is
concerned, the Tribunal has awarded a lump sum compensation of
Rs.35,000/- after giving due consideration to the nature of injuries sustained
by the claimant. This Court does not find any infirmity in the findings of the
Tribunal and the same is also confirmed by this Court.
7. For the foregoing discussions, there is no merit in the appeals and
accordingly all the appeals are dismissed and the impugned orders dated
30.01.2020 made in M.C.O.P.No.233 of 2017, M.C.O.P.No.259 of 2017 and
M.C.O.P.No.255 of 2017 respectively on the file of Motor Accident Claims
Tribunal, Special Subordinate Court, Tiruvannamalai are hereby confirmed.
The appellant transport corporation is directed to deposit the award amount
along with interest and costs, less the amount already deposited, if any,
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1943 of 2021 etc.,
within a period of six weeks from the date of receipt of a copy of this
judgment to the credit of M.C.O.P.Nos.233, 259 and 255 of 2017
respectively, on the file of the Motor Accident Claims Tribunal, Special
Subordinate Court, Tiruvannamalai. On such deposit of the compensation
amount, the claimants are permitted to withdraw their respective award
amount as directed by the Tribunal along with interest and costs, less the
amount, if any, already withdrawn by making necessary applications before
the Tribunal. So far as the amount awarded to the minor claimants are
concerned, the amount should be deposited in a fixed deposit in a
nationalised bank as directed by the Tribunal and the accrued interest shall
be withdrawn as directed by the Tribunal. Consequently, the connected
miscellaneous petitions are closed. No costs.
01.10.2021
Index : Yes / No
kk
To
1. The Special Subordinate Judge,
Motor Accident Claims Tribunal,
Tiruvannamalai.
2. The Section Officer,
VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1943 of 2021 etc.,
ABDUL QUDDHOSE, J.
kk
C.M.A.Nos.1943, 1945 & 1946 of 2021
and C.M.P.Nos.10469, 10474 & 10476 of 2021
01.10.2021
https://www.mhc.tn.gov.in/judis/
