Madras High Court
The Managing Director vs Jayalakshmi on 27 September, 2021
C.M.A.No.2767 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.A. No. 2767 of 2021
and C.M.P.No.15804 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
(Villupuram Division)
Rangapuram, Vellore - 9. ... Appellant
Vs
Jayalakshmi ... Respondent
Prayer: The Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Decree and Judgment dated 15.10.2020
made in M.C.O.P.No.987 of 2016 on the file of the learned Motor Accident
Claims Tribunal, Fast Track Mahila Court, Vellore and pleased to dismiss the
above claim as against the appellant.
1/7
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C.M.A.No.2767 of 2021
For Appellant : Mr.K.J.Sivakumar
For Respondent : Mr. M. Sivakumar
JUDGMENT
This appeal has been filed by the Transport Corporation
challenging the award dated 15.10.2020 passed by Motor Accidents Claims
Tribunal, Fast Track Mahila Court, Vellore in M.C.O.P.No. 987 of 2016.
2. The appellant Transport Corporation has challenged the
impugned award only on the ground that the quantum of compensation
awarded by the Tribunal is excessive.
3. The Tribunal under the impugned order directed the Appellant
Transport Corporation to pay the respondent/claimant a compensation of
Rs.18,84,400/- (Rupees Eighteen Lakhs Eighty Four Thousand and Four
Hundred only) as detailed hereunder:
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C.M.A.No.2767 of 2021
Heads Amount awarded
by the Tribunal
(Rs.)
Loss of income 18,14,400/-
Loss of love and affection 50,000/-
Funeral Expenses 15,000/-
Transportation 5,000/-
Total compensation 18,84,400/-
4. The son of the respondent/claimant Karthik died on 22.10.2016
as a result of an accident, caused by a bus, owned by the appellant Transport
Corporation. In the claim petition, the respondent/claimant has pleaded that
her deceased son Karthik was aged 24 years and was working in a private
company and was earning a sum of Rs.15,000/- (Rupees Fifteen Thousand
only) per month.
5. Since no documentary evidence was produced by the
respondent/claimant before the Tribunal, the Tribunal has fixed the notional
monthly income of the deceased at Rs.9,000/- (Rupees Nine Thousand only).
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C.M.A.No.2767 of 2021
The accident happened in the year 2016. This Court does not find any
infirmity in the assessment made by the Tribunal as regards the notional
monthly income of the deceased.
6. The Tribunal has also rightly deducted 1/3rd towards the personal
expenses of the deceased, since the respondent/claimant is a widowed
mother. The Tribunal also granted 40% towards loss of future prospects to
the respondent/claimant, which is a correct assessment, as the deceased was
aged 24 years at the time of accident.
7. The avocation of the deceased also has not been disputed by the
appellant Transport Corporation. The Tribunal has awarded a compensation
of Rs.18,14,400/- (Rupees Eighteen Lakhs Fourteen Thousand and Four
Hundred only) to the respondent/claimant towards loss of income which is a
correct assessment.
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C.M.A.No.2767 of 2021
8. Even though, the Tribunal has awarded a higher compensation of
Rs.50,000/- (Rupees Fifty Thousand only) towards loss of love and affection,
the overall compensation of Rs.18,84,400/-(Rupees Eighteen Lakhs Eighty
Four Thousand and Four Hundred only) awarded by the Tribunal to the
respondent/claimant cannot be considered to be excessive, as alleged by the
appellant Transport Corporation.
9. For the foregoing reasons, there is no merit in this appeal.
Accordingly, this Civil Miscellaneous Appeal is dismissed. No Costs.
Consequently, the connected miscellaneous petition is also closed.
10. The appellant/Transport Corporation is directed to deposit the
compensation amount awarded by the Tribunal, after deducting the amount
already deposited if any, together with interest at the rate of 7.5% per annum
from the date of claim till the date of deposit and costs, to the credit of
MCOP.No.987 of 2016 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
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C.M.A.No.2767 of 2021
transfer the amount lying to the credit of MCOP.No.987 of 2016 to the bank
account of the claimant through RTGS within a period of one week thereafter.
27.09.2021
Index:Yes/No
Speaking Order: Yes/No
rgi
To
1.The Motor Accidents Claims Tribunal,
Fast Track Mahila Court,
Vellore.
2. The Section Officer,
V.R.Section, High Court, Madras – 104.
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C.M.A.No.2767 of 2021
ABDUL QUDDHOSE.,J
rgi
C.M.A. No. 2767 of 2021
27.09.2021
https://www.mhc.tn.gov.in/judis/
