Madras High Court
Selvam (Died) vs The Managing Director on 23 September, 2021
C.M.A.No.142 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A.No.142 of 2016
and C.M.P.No.5869 of 2020
1. Selvam (died)
2. Mohana
3. Minor Rasigasri
4. Minor Nithish
(Appellants 3 & 4are rep. by their natural
Guardian and mother second appellant)
5. Devaki
(Appellants 2 to 5 were brought on
record by an order of this Court dt.29.04.2021
made in C.M.P.No.8097/21) .. Appellants
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation,
Dr.Ramakrishna Salai,
Salem. .. Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 seeking to enhance the compensation awarded in the
Judgement and Decree dated 14.02.2014, made in M.C.O.P.No.168 of 2012
on the file of the Motor Accidents Claims Tribunal, Chief Judicial
Magistrate, Namakkal.
For Appellants : Mr.S.Sankar
For Respondent : Mr.Ramanathan
for Mr.D.Venkatachalam
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C.M.A.No.142 of 2016
JUDGMENT
(The case has been heard through video conference)
This appeal was originally filed by the claimant Selvam seeking
enhancement of compensation under the impugned Award dated 14.02.2014,
passed by the Motor Accidents Claims Tribunal, Chief Judicial Magistrate,
Namakkal in M.C.O.P.No.168 of 2012. During the pendency of this appeal,
Mr.Selvam died and his LRs have been brought on record. Not satisfied
with the quantum of compensation awarded by the Tribunal, this appeal has
been filed. The details of compensation awarded by the Tribunal are as
follows:
Sl.No. Heads Amount in Rs.
1. Permanent disability Rs.2000 x 40 80,000
2. Pain and Suffering 20,000
3. Extra Nourishment 20,000
4. Transport expenses 10,000
5. Medical expenses 3,12,754
6. Attendant charges 10,000
7. Loses of income Rs.4500 x 3 months 13,500
8. Future medication 25,000
9. Loses of amenities 15,000
Total 5,06,254
2. The common law maxim "Action personalis moritur cum persona"
meaning "personal right of action dies with the person" applies to this case
as the original appellant Selvam, an injured accident victim, who had sought
https://www.mhc.tn.gov.in/judis/
C.M.A.No.142 of 2016
for enhancement of compensation, in this appeal, has died during the
pendency of this appeal. Therefore, the enhancement sought for in this
appeal does not survive. However, the legal representatives of the deceased
appellant are entitled to recover the medical expenses incurred by the
deceased Selvam when he was alive.
3. Before this Court, C.M.P.No.5689 of 2020 has been filed under
Order 41 Rule 27 of C.P.C. by the LRs of the deceased appellant to receive
additional documents pertaining to the medical expenses incurred by the
deceased Selvam as a result of the injuries sustained by him due to the
accident while he was alive. The total value of the medical bills produced
before this Court workout to Rs.55,403/-. The said documents namely the
medical bills are marked as Ex.P13 and the discharge summary is marked as
Ex.P14 by this Court. The learned counsel appearing for the respondent
Transport Corporation has also not raised any serious objection for marking
the aforementioned documents. This Court has also perused and examined
the additional documents, which had been marked as Exs.P13 and P14 and
satisfied with the same. Accordingly, C.M.P.No.5869 of 2020 is allowed as
prayed for.
4. As seen from the additional documents, medical expenses
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C.M.A.No.142 of 2016
amounting to Rs.55,403/- has been incurred by the deceased Selvam for
treatment of the injuries sustained as a result of the accident when he was
alive. Therefore, the said amount will have to be paid to the legal
representatives of the deceased Selvam. Except the enhancement of
Rs.55,403, the compensation awarded by the Tribunal under the impugned
Award under various heads cannot be altered since the original appellant
Selvam has died during the pendency of this appeal. As in accordance with
the maxim "action personalis moritur cum persona" meaning "personal right
of action dies with the person", his LRs are not entitled.
5. For the foregoing reasons, the compensation awarded by the
Tribunal under the impugned award is enhanced to Rs.5,61,657/- from
5,06,254/-, awarded by the Tribunal. Since the appeal was filed by Selvam
the original appellant with a delay of 430 days, the LRs of the deceased
Selvam are not entitled for any interest for the delay period. The
compensation amount is apportioned as follows:
(a) Second appellant (wife of the deceased Selvam) Rs.2,00,000/-
(b) Third appellant (minor child of deceased Selvam) Rs.1,50,000/-
(c) Fourth appellant (minor child of deceased Selvam) Rs.1,50,000/-
(d) Fifth appellant (mother of deceased Selvam) Rs.61,657/-
6. In the result, the appeal is partly allowed by enhancing the
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C.M.A.No.142 of 2016
compensation to Rs.5,61,657/- from Rs.5,06,254/-. The respondent /
Transport Corporation is directed to deposit the enhanced award amount
now determined by this Court along with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit, excluding 430
days referred to supra 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.168 of 2012, on the file of the Motor
Accident Claims Tribunal, Chief Judicial Magistrate, Namakkal. On such
deposit, the appellants 2 & 5 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 applications before the
Tribunal. So far as the appellants 3 & 4 (minors) are concerned, their shares
together with interest should be deposited in a fixed deposit in a nationalised
bank initially for a period of three years and the second appellant is
permitted to withdraw the accrued interest periodically once in six months.
The appellants are directed to pay necessary Court fee, if any, on the
enhanced compensation now determined by this Court. No costs.
23.09.2021
kk
https://www.mhc.tn.gov.in/judis/
C.M.A.No.142 of 2016
To
1. The Motor Accidents Claims Tribunal,
Chief Judicial Magistrate, Namakkal.
2. The Section Officer,
VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.142 of 2016
ABDUL QUDDHOSE, J.
kk
C.M.A.No.142 of 2016
and C.M.P.No.5869 of 2020
23.09.2021
https://www.mhc.tn.gov.in/judis/
