The General Manager vs Kanavapatti
2021 Latest Caselaw 19637 Mad

                                                                           CMA.No.2699 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 24.09.2021

                                                       CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                               C.M.A.No.2699 of 2021
                                                        and
                                               C.M.P. No.15509 of 2021

                     The General Manager,
                     Tamil Nadu State Transport Corporation
                     Limited, Villupuram,
                     Having its Office at Vellore.
                                                                            ...Appellant

                                                         vs.
                     1. Kanavapatti
                     2. Venkatesh
                     3. Venkatasalam
                     4. Govindhan
                     5. Mangamma
                     6. Nagammal                                          ...Respondents

                     Prayer: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988, against the Order dated 15.12.2020 made in
                     MCOP No. 539 of 2020 on the file of the Motor Accident Claims
                     Tribunal, Special District Judge, Krishnagiri.
                                       For Appellant           :   Mr. K.J. Sivakumar



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                                                                            CMA.No.2699 of 2021

                                                     JUDGMENT

This Appeal has been filed by the Appellant Transport Corporation

challenging the impugned award dated 15.12.2020 passed by the Motor

Accident Claims Tribunal (Special District Judge, Krishnagiri) in MCOP

No.539 of 2020.

2. Heard Mr.K.J.Sivakumar, learned counsel for the Appellant.

Since no adverse orders are going to be passed against the

respondents/claimants, notice to the respondents is dispensed with by

this Court.

3. The Appellant Transport Corporation has challenged the

impugned award only on the ground that the quantum of compensation

awarded by the Tribunal is excessive. The Tribunal has awarded a

compensation of Rs.5,85,000/- to the respondents/claimants for the death

of Ellammal who died on 07.01.2020 as a result of an accident caused by

a bus owned by the Appellant Transport Corporation as detailed

hereunder.

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CMA.No.2699 of 2021

Heads Amount Awarded by the Tribunal (in Rs.) Loss of dependency 3,15,000/-

(5000-1/4 = 3750 x 12 x 7) Loss of estate 15,000/-

                                    Funeral expenses                         15,000/-
                                    Loss of Consortium                      2,40,000/-
                                    Total                                   5,85,000/-

4. The deceased was aged 65 years at the time of the accident. In

the claim petition, the respondents/ claimants have pleaded that the

deceased was earning Rs.20,000/- p.m. as a fruit vendor on the road side.

The accident happened in the year 2020. The Tribunal has fixed the

notional monthly income of the deceased at Rs.5,000/- which cannot be

considered to be excessive as alleged by the Appellant Transport

Corporation. The Tribunal has adopted the correct multiplier of 7 for

assessing the loss of dependency. The Tribunal has not awarded any

compensation towards loss of future prospects, though the respondents/

claimants may be entitled for the same under law. The Tribunal has

rightly deducted 1/4th towards personal expenses of the deceased, since

the dependents of the deceased are six in number.

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CMA.No.2699 of 2021

5. The Tribunal has awarded a compensation of Rs.15,000/-

towards funeral expenses and Rs.15,000/- towards loss of estate in

accordance with the settled law and the same cannot be considered to be

excessive as alleged by the Appellant Transport Corporation.

6. This Court is of the considered view that the overall

compensation of Rs.5,85,000/- awarded by the Tribunal to the

respondents/ claimants cannot be considered to be excessive as alleged

by the Tribunal.

7. In the result, there is no merit in this Appeal. Accordingly, this

Appeal is dismissed. The Appellant Transport Corporation is directed to

deposit the amount awarded by the Tribunal, after deducting the amount

already deposited, if any, together with interest from the date of claim till

the date of deposit and costs to the credit of MCOP.No.539 of 2020

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 MCOP.No.539 of

2020 to the bank account of the respondents/claimants as per the ratio

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CMA.No.2699 of 2021

apportioned by the Tribunal, through RTGS within a period of one week

thereafter. No costs. Consequently, the connected Civil Miscellaneous

Petition is closed.

24.09.2021

ab/nl

Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order

To

1.The Motor Accident Claims Tribunal, Special District Judge, Krishnagiri

2.The Record Section, High Court of Madras.

https://www.mhc.tn.gov.in/judis/

CMA.No.2699 of 2021

ABDUL QUDDHOSE, J.

ab

C.M.A.No.2699 of 2021 and C.M.P. No.15509 of 2021

24.09.2021

https://www.mhc.tn.gov.in/judis/