Madras High Court
The Managing Director vs Hepzi Glory on 1 October, 2021
CMA.Nos. 2255 & 1476 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.Nos.2255 & 1476 of 2021 &
CMP.No.12476 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation,
Villupuram
... Appellant in CMA.No.2255 of 2021 &
Respondent in CMA.No.1476 of 2021
Vs.
1. Hepzi Glory
2. Issac Godson (Minor)
Rep by mother and next friend the first petitioner
3. E. Boaz
...Respondents in CMA.No.2255 of 2021&
Appellants in CMA.No. 1476 of 2021
Common prayer: Civil Miscellaneous Appeals filed under Section 173
of the Motor Vehicles Act, 1988 against the fair and decretal award
passed by the Motor Accident Claims Tribunal (IV Judge, Small Causes
Court, Chennai) dated 06.03.2020 in M.C.O.P. No.1299 of 2018.
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2255 & 1476 of 2021
For Appellants in CMA.No.
1476 of 2021 & Respondents
in CMA.No.2255 of 2021 : Mr. S. Udhayakumar
For Respondent in CMA.No.
1476 of 2021 & Appellant
in CMA.No.2255 of 2021 : Mr. K.J. Shivakumar
COMMON JUDGMENT
(This case was heard through Video Conferencing)
C.M.A. No. 2255 of 2021 has been filed by the Transport
Corporation and C.M.A. No.1476 of 2021 has been filed by the claimants
challenging the very same award dated 06.03.2020 passed by the Motor
Accident Claims Tribunal, IV Small Causes Court, Chennai in M.C.O.P.
No. 1299 of 2018.
2. Since both the appeals are arising out of the very same award,
these appeals are disposed of by this common judgment.
3. Heard Mr.K.J.Shivakumar, learned counsel for the Transport
Corporation and Mr.S.Udhayakumar, learned counsel for the claimants.
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CMA.Nos. 2255 & 1476 of 2021
4. The Transport Corporation has filed the Appeal questioning the
quantum of compensation awarded by the Tribunal. The claimants have
filed the Appeal seeking for enhancement of compensation. The details
of the compensation awarded by the Tribunal to the claimants are as
follows:
Heads Amount Awarded by
the Tribunal in Rs.
Loss of dependency 16,80,000/-
(10000 x 12 = 120000
+ 40% = 168000 – 1/3rd
= 112000 x 15)
Loss of consortium 40,000/-
Loss of estate 15,000/-
Funeral expenses 15,000/-
Loss of love and affection 1,00,000/-
Transportation expenses 5,000/-
Total 18,55,000/-
5. The cause of the accident has not been disputed by the
Transport Corporation. The only issue that arises for consideration in
these Appeals is whether the quantum of compensation awarded by the
Tribunal is a just compensation or not?
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CMA.Nos. 2255 & 1476 of 2021
6. The deceased was aged 37 years at the time of the accident which
happened on 07.01.2018. The deceased was a C.C.T.V. Camera
Technician in a private concern at the time of the accident. The claimants
who are the dependents of the deceased have filed the salary certificate
of the deceased which has been marked as Ex.P5 before the Tribunal
which discloses that the deceased was earning Rs.16,000/- per month at
the time of the accident. The Tribunal has rightly not accepted Ex.P5
(Salary Certificate) as the employer of the deceased was not examined as
a witness before the Tribunal and fixed the notional monthly income of
the deceased at Rs.10,000/-. This Court is of the considered view that if
the year of the accident was taken into consideration by the Tribunal, the
notional monthly income of the deceased ought to have been fixed at a
higher sum. Being a C.C.T.V. Camera Technician, this Court is of the
considered view that atleast the deceased could have earned Rs.12,000/-
per month at the time of the accident which happened in the year 2018.
Accordingly, this Court enhances the notional monthly income of the
deceased to Rs.12,000/- instead of Rs.10,000/- erroneously fixed by the
Tribunal. The Tribunal has correctly adopted the multiplier of 15 and
also rightly awarded loss of future prospects to the claimants at 40% as
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CMA.Nos. 2255 & 1476 of 2021
the deceased was aged 37 years at the time of the accident. The Tribunal
has also rightly deducted 1/3rd towards personal expenses of the deceased
as the dependents of the deceased are three in number. Since the
monthly income of the deceased has been enhanced by this Court to
Rs.12,000/- from Rs.10,000/- erroneously fixed by the Tribunal, the loss
of dependency is re-assessed by this Court at Rs.20,16,000/- instead of
Rs.16,80,000/- erroneously awarded by the Tribunal.
7. Insofar as compensation awarded by the Tribunal under various
heads namely loss of consortium, loss of estate, funeral expenses, loss of
love and affection and Transportation expenses are concerned, the same
is confirmed by this Court as it is a just compensation.
8. For the foregoing reasons, the compensation awarded by the
Tribunal is enhanced to Rs.21,91,000/- from Rs.18,55,000/- as detailed
hereunder:
Heads Amount Awarded by Amount Awarded
the Tribunal in Rs. by this Court in Rs.
Loss of dependency 16,80,000/- 20,16,000/-
(12,000 x 12 + 40%
- 1/3 x 15)
Loss of consortium 40,000/- 40,000/-
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2255 & 1476 of 2021
Heads Amount Awarded by Amount Awarded
the Tribunal in Rs. by this Court in Rs.
Loss of estate 15,000/- 15,000/-
Funeral expenses 15,000/- 15,000/-
Loss of love and 1,00,000/- 1,00,000/-
affection
Transportation 5,000/- 5,000/-
expenses
Total 18,55,000/- 21,91,000/-
9. In the result, the Appeal filed by the Transport Corporation in
C.M.A. No.2255 of 2021 is dismissed as it does not deserve any merit
and the Appeal filed by the claimants in CMA.No.1476 of 2021 is partly
allowed by enhancing the compensation from Rs.18,55,000/- to
Rs.21,91,000/-.
10. The Transport Corporation/the Appellant in CMA.No.2255 of
2021 as well as the respondent in CMA.No.1476 of 2021 is directed to
deposit the amount awarded by this Court, after deducting the amount
already deposited if any, together with interest from the date of claim till
the date of deposit and cost, to the credit of M.C.O.P.No. 1299 of 2018
within a period of four weeks from the date of receipt of a copy of this
Judgment. On such deposit being made, the Tribunal shall transfer the
respective share of award amount lying to the credit of M.C.O.P.No.
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CMA.Nos. 2255 & 1476 of 2021
1299 of 2018 to the bank account of the claimants/Appellants in
CMA.No.1476 of 2021 as well as the respondents in CMA.No.2255 of
2021 in the ratio apportioned by the Tribunal through RTGS within a
period of one week thereafter. No Costs. Consequently, the connected
Civil Miscellaneous Petition is closed.
01.10.2021
ab/nl
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
To
1. The Motor Accidents Claims Tribunal,
Sub Judge,
Panruti
2. The Section Officer,
V.R. Section,
High Court, Madras.
https://www.mhc.tn.gov.in/judis/
CMA.Nos. 2255 & 1476 of 2021
ABDUL QUDDHOSE, J.
ab
CMA.Nos. 2255 & 1476 of 2021
01.10.2021
https://www.mhc.tn.gov.in/judis/
