Madras High Court
The Managing Director vs T. Dhanasekar on 3 September, 2021
CMA No.2472 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
CMA No.2472 of 2021
and
CMP No.14165 of 2021
The Managing Director,
Tamilnadu State Transport Corporation,
Villupuram Ltd.,
Villupuram. ...Appellant
vs.
1. T. Dhanasekar
2. S. Divya
3. D. Janani
4. D. Karthick ...Respondents
Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehichles Act, 1988, to set aside the decree and judgement dated
17.08.2020 made in M.C.O.P. No.7515 of 2017 on the file of the Motor
Accident Claims Tribunal, IV Court of Small Causes, Chennai.
For Appellant : Mr. K.J. Sivakumar
For Respondents : Mr. Amar D. Pandiya
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CMA No.2472 of 2021
JUDGMENT
(This case was heard through Video Conferencing)
This Appeal has been filed by the Transport Corporation
challenging the award dated 17.08.2020 by the Motor Accident Claims
Tribunal, IV Court of Small Causes, Chennai made in M.C.O.P. No.7515
of 2017.
2. According to the Appellant / Transport Corporation, the quantum
of compensation fixed by the Tribunal is excessive.
3. The Tribunal under the impugned award directed the Appellant/
Transport Corporation, to pay the respondents/ claimants a compensation
of Rs.12,45,000/- as detailed hereunder :
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of dependency 1050000
Loss of consortium 40000
Loss of estate 15000
Funeral expenses 15000
Loss of love and affection 120000
Transportation expenses 5000
Total 1245000
4. Heard Mr.K.J.Sivakumar, learned counsel for the appellant /
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CMA No.2472 of 2021
Transport Corporation and Mr.Amar D. Pandiya, learned counsel for the
respondents / claimants
5. This Court has perused and examined the impugned award as
well the materials and evidence available on record before the Tribunal.
6. The respondents/ claimants are the husband and children of the
deceased Vijaya alias Vijayalakshmi, who died as a result of an accident
on 06.10.2017 caused by a bus owned by the Appellant / Transport
Corporation. The deceased was aged 44 years at the time of the accident
and she was a Tailor. The Tribunal has fixed the notional monthly income
of the deceased at Rs.10,000/-, which in the considered view of this Court
cannot be considered to be excessive after giving due consideration to the
fact, that the deceased was a Tailor and the year of the accident is 2017.
The Tribunal has also adopted the correct multiplier of 14, after giving due
consideration to the age of the deceased.
7. However, the Tribunal has erroneously deducted 50% towards
personal expenses of the deceased, despite the fact that there are four
https://www.mhc.tn.gov.in/judis/
CMA No.2472 of 2021
dependants, the respondents / claimants herein. If the number of
dependants was correctly taken into consideration, the Tribunal ought to
have deducted 1/3rd towards personal expenses of the deceased, in which
case, the quantum compensation to be awarded will be much higher.
After giving due consideration to the aforementioned factors, this Court is
of the considered view that the total compensation awarded by the
Tribunal under various heads cannot be considered to be excessive as
alleged by the Appellant/ Transport Corporation.
8. For the foregoing reasons, this Court does not find any merit in
this appeal and accordingly, the Civil Miscellaneous Appeal shall stand
dismissed. No costs. Consequently, connected miscellaneous petition is
closed.
9. The Appellant / Transport Corporation is directed to deposit the
entire award amount awarded by the Tribunal together with interest at
7.5% p.a. from the date of claim petition till the date of realization, less the
amount, if any, already deposited to the credit of MCOP No.7515 of 2017
on the file of the Motor Accident Claims Tribunal, IV Court of Small
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CMA No.2472 of 2021
Causes, Chennai, within a period of four weeks from the date of receipt of
a copy of this Judgment. On such deposit being made, the Tribunal is
directed to transfer the award amount directly to the bank account of the
respondent / claimant as per the same ratio of apportionment made by the
Tribunal through RTGS, within a period of two weeks thereafter.
03.09.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
ab/vsi2
To
1. The Judge,
Motor Accident Claims Tribunal,
IV Court of Small Causes,
Chennai.
2.The Section Officer,
V.R. Section,
High Court,
Madras – 104.
https://www.mhc.tn.gov.in/judis/
CMA No.2472 of 2021
ABDUL QUDDHOSE, J.
vsi2
CMA No.2472 of 2021
and
CMP No.14165 of 2021
03.09.2021
https://www.mhc.tn.gov.in/judis/
