Madras High Court
The Managing Director vs J.Valarmathy on 27 October, 2021
C.M.A.No.2457 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.2457 of 2021
and C.M.P.No.14076 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation,
3/137, Salamedu, Vazhuthareddy,
Villupuram. .. Appellant
Vs.
1. J.Valarmathy
2. J.Vijayakumar
3. J.Suresh
4. J.Sudhakar .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act seeking to set aside the Judgment and Decree dated
04.12.2019, passed by the Motor Accidents Claims Tribunal, Principal
District Court, Cuddalore in M.C.O.P.No.1478 of 2014.
For Appellant : Mr.KJ.Sivakumar
For Respondents 1 to 4 : Ms.Ramya Rao
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1/8
C.M.A.No.2457 of 2021
JUDGMENT
(The case has been heard through video conference)
This appeal has been filed by the transport corporation challenging the
Award dated 04.12.2019, passed by the Motor Accidents Claims Tribunal,
Principal District Court, Cuddalore (hereinafter referred to as the 'Tribunal')
in M.C.O.P.No.1478 of 2014.
2. The details of the compensation awarded by the Tribunal to the
respondents/claimants are as follows:
Sl.No. Heads Amount in Rs.
1. Loss of dependency 25,42,509
2. Love and affection 40,000
3. Funeral expenses 15,000
4. Loss of Estate 15,000
Total (Rounded) 26,13,000
3. The appellant/transport corporation has challenged the impugned
award only on the ground that the quantum of compensation awarded by the
Tribunal to the respondents/claimants is excessive.
C.M.A.No.2457 of 2021
4. The deceased N.Jayaraman was a Taluk Surveyor working in the
Taluk Office, Panruti and was aged 57 years at the time of the accident
which happened on 25.09.2013. He died as a result of the rash and negligent
driving of the driver of the bus owned by the appellant transport corporation.
The cause of the accident has not been disputed by the appellant transport
corporation. The only issue they have raised in this appeal is the quantum of
compensation awarded to the respondents/claimants is excessive. It is their
case that the deceased is a Government servant aged 57 years and was due to
retire within a period of few months from the date of the accident. The
Tribunal ought not to have assessed the monthly income of the deceased at
Rs.27,295/-. According to them, since the deceased would have retired from
service on reaching the age of superannuation at 58 years, the assessment of
the monthly income of the deceased at Rs.27,295/- is on the higher side.
5. As seen from the evidence available on record, admittedly the
deceased would have retired from Government service on reaching 58 years
and the accident happened on 25.09.2013, when he was aged 57 years and
six months. Therefore, this Court is of the considered view that only till the
date of superannuation, the deceased would have earned Rs.27,295/- as his
monthly income and thereafter he would not be earning the same monthly
C.M.A.No.2457 of 2021
income. The Tribunal has awarded 15% towards loss of future prospects
since the deceased was aged 57 years at the time of the accident and the
same is confirmed by this Court. Since the deceased would have retired
from Government service within six months from the date of the accident,
the monthly income together with loss of future prospects at 15% will be
Rs.31,389/- and for the period of six months it would amounts to
Rs.1,88,334/-. Since the respondents/claimants who are the dependents of
the deceased are four in number, after deducting 1/4 towards personal
expenses of the deceased, the total income for six months period will work
out to Rs.1,41,251/- and the same is now fixed by this Court. For the
remaining period of eight years and six months the monthly income for the
deceased is assessed by this Court at 50%, since he would have retired from
service and therefore the monthly income of the deceased is reassessed by
this Court at Rs.13,648/- and the loss of future prospects for the remaining
period of 8 years and 6 months is assessed at the rate of 15% and the total
amount is Rs.15,696/- per month. The notional income for the remaining
period of 8 years and 6 months works out to Rs.1,88,352/-. The loss of
dependency for six months i.e., till the deceased would have been in service
is reassessed by this Court at Rs.1,41,251/- and the loss of dependency for 8
years and 6 months period after his retirement is reassessed by this Court at
C.M.A.No.2457 of 2021
Rs.12,00,744/-. In all put together the loss of dependency is reassessed by
this Court at Rs.13,41,995/- instead of Rs.25,42,509/- erroneously assessed
by the Tribunal.
6. The respondents/claimants are wife and three children of the
deceased. The first claimant being the wife is entitled to loss of consortium,
which is fixed at Rs.40,000/- by this Court and the three children are entitled
to Rs.40,000/- each towards loss of love and affection. The Tribunal has
awarded a meager compensation towards loss of love and affection at
Rs.40,000/-. Accordingly the compensation to the first respondent / first
claimant (wife) towards loss of consortium is fixed at Rs.40,000/- and for
loss of love and affection to the respondents 2 to 4 / claimants 2 to 4 is fixed
at Rs.40,000/- each totalling Rs.1,20,000/-.
7. In so far as the compensation awarded by the Tribunal towards
funeral expenses at Rs.15,000/- and Rs.15,000/- towards loss of estate are
concerned, the same cannot be considered to be excessive as alleged by the
appellant transport corporation as it is in accordance with the settled law.
Accordingly the same is confirmed by this Court. Further the interest
awarded by the Tribunal at 8% is also confirmed by this Court.
C.M.A.No.2457 of 2021
8. For the foregoing reasons, the compensation awarded by the
Tribunal under the impugned Award is reduced to Rs.15,31,995/- instead of
Rs.26,13,000/- fixed by the Tribunal as detailed hereunder:
Sl. Description Amount Amount Award confirmed
No. awarded by awarded by or enhanced or set
the Tribunal this Court aside or granted or
(Rs.) (Rs.) reduced
(Rs.)
1. Loss of dependency 25,42,509 13,41,995 Reduced
2. Loss of Consortium (R1) --- 40,000 Awarded
3. Love and affection (R2 to R4) 40,000 1,20,000 Enhanced
4. Funeral expenses 15,000 15,000 Confirmed
5. Loss of Estate 15,000 15,000 Confirmed
26,12,509
Reduced by
Total (Rounded to 15,31,995
Rs.10,81,005
Rs.26,13,000)
9. In the result, the Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.26,13,000/- is hereby
reduced to Rs.15,31,995/- together with interest at the rate of 8% per annum
from the date of claim petition till the date of deposit. The appellant /
transport corporation is directed to deposit the award amount now
determined by this Court along with interest and costs, less the amount
already deposited, if any, within a period of four weeks from the date of
receipt of a copy of this judgment to the credit of M.C.O.P.No.1478 of 2014,
C.M.A.No.2457 of 2021
on the file of the Motor Accidents Claims Tribunal, Principal District Court,
Cuddalore. On such deposit, the respondents/claimants are permitted to
withdraw the award amount now determined by this Court, along with
interest and costs, less the amount, if any, already withdrawn by making
necessary application before the Tribunal. The respondents/claimants are
entitled to refund of Court fee, in any, on the reduced amount of
compensation now determined by this Court. Consequently, the connected
miscellaneous petition is closed. No costs.
27.10.2021
kk
To
1. The Motor Accidents Claims Tribunal
Principal District Court, Cuddalore
2. The Section Officer,
VR Section, High Court, Madras.
C.M.A.No.2457 of 2021
ABDUL QUDDHOSE, J.
kk
C.M.A.No.2457 of 2021
and C.M.P.No.14076 of 2021
27.10.2021
