Madras High Court
The Managing Director vs D.Ponraj on 29 September, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.09.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.74 of 2020
and
CROS.OBJ.(MD)No.7 of 2020
and
C.M.P.(MD)No.5788 of 2021
C.M.A.(MD)No.74 of 2020
The Managing Director,
Tamil Nadu State Transport Corporation
Kumbakonam Limited,
Periyamilaguparai,
Tiruchirappalli-620 001 ...Appellant/Respondent
Vs.
1.D.Ponraj
2.Chandra
3.Ramani Devi
4.Ranjani Devi
5.Balamurugan ...R-1 to R-5/Petitioner Nos.1 to 5
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
M.V.Act, 1988, to set aside the Judgment and decree passed by the Motor
Accident Claims Tribunal, Special District Judge, Tiruchirappalli, in
M.C.O.P.No.1743 of 2015, dated 28.01.2019.
https://www.mhc.tn.gov.in/judis/
2
Cross Appeal(MD)No.7 of 2020 :
1.D.Ponraj
2.Chandra
3.Ramani Devi
4.Ranjani Devi
5.Balamurugan ...Appellants Nos.1 to 5/
R-1 to 5/Petitioner Nos. 1 to 5
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation
Kumbakonam Limited,
Periyamilaguparai,
Tiruchirappalli-620 001 ...Respondent/Appellant/Respondent
PRAYER:Cross Appeal filed under Order 41, Rule 22 of Civil Procedure
Code, to enhance the compensation amount to the claimants in M.C.O.P.No.
1743 of 2015 on the file of the learned Motor Accident Claims Tribunal
(Special District Judge), Tiruchirappali.
In C.M.A.
For Appellant : Mr.A.Balaji for
Mr.D.Sivaraman
For R-1 to R-5 : Mr.D.Suresh Kumar, for
Mr.A.Thiruvadi Kumar
In Cross Objection
For Appellant : Mr.D.Srinivasaragavan
For R-1 to R-5 : Mr.D.Suresh Kumar, for
Mr.A.Thiruvadi Kumar
https://www.mhc.tn.gov.in/judis/
3
ORDER
C.M.A.(MD)No.74 of 2020 has been preferred by the appellant against
the fair and decreetal order, dated 28.01.2019 passed by the Motor Accident
Claims Tribunal, Special District Judge, Tiruchirappalli, in M.C.O.P.No.1743
of 2015.
CROSS.OBJ.(MD)No.7 of 2020 has been preferred by the appellant to
enhance the compensation amount to the claimants awarded by the learned
Motor Accident Claims Tribunal (Special District Judge), Tiruchirappali, in
M.CO.P.No.1743 of 2015.
2.It is a case of fatal accident, which took place on 27.03.2015, at
about 14.30 hrs, while the deceased Harikrishnan was driven his auto bearing
Registration No.TN-45-AS-1968 proceeding from west towards east in
Tiruchirappalli to Karur Main road near Kambarasampettai bus stop keeping
his extreme left side of the road, the bus bearing Registration No.TN-45-
N-2739 belongs to the Transport Corporation which was coming from east
towards west on the above said road and was driven by its driver in a rash
and negligent manner, dashed against the auto and caused accident. Due to
the accident, the passengers and driver of the auto had sustained multiple
injuries. Even after the continuous treatment, the auto driver had succumbed
to injuries on 10.04.2015.
https://www.mhc.tn.gov.in/judis/
3. The claimants have filed a petition in M.C.O.P.No.1743 of 2015 on
the file of the Motor Accident Claims Tribunal/Special District Judge for
MCOP Cases, Tiruchirappalli, seeking compensation.
4.Before the Tribunal, on the side of the claimants two witnesses were
examined as P.Ws.1 & 2 and marked fourteen documents as Exs.P.1 to P.14.
On the side of the Transport Corporation, one witness was examined as
R.W.1 and no document was marked.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimants and the
Transport Corporation and also on appreciating the evidences on record, held
that the accident occurred only, due to the rash and negligent driving of the
driver of the Transport Corporation and directed the Transport Corporation to
pay a sum of Rs.12,51,720/-as compensation.
6.Against which, the Transport Corporation has filed C.M.A(MD)No.
74 of 2020 to set aside the award, dated 2801.2019, in M.C.O.P. No.1743 of
2015 passed by the learned Special District Judge for MCOP Cases/Motor
Accident Claims Tribunal, Tiruchirappalli. The claimants have filed
https://www.mhc.tn.gov.in/judis/
CROSS.OBJ.(MD)No.7 of 2020 to enhance the award of compensation
passed by the Tribunal.
7. Heard both sides. Perused the materials available on record.
8.As per contention of the Transport Corporation, since the deceased is
a bachelor, 50% of his personal expenses should be deduced for calculating
his loss of income. Since the deceased age is 20 years, 40% of future
prospects is rightly added.
9.The claimants have filed Cross Appeal (MD)No.7 of 2020 for
enhancing the award. As per claimants' contention the medical bills are not
considered by the Tribunal. As per Ex.P.5, Serial Nos.1 to 45 are medical
bills produced by the claimants for treatment given to the deceased before his
death.
10.Admittedly, the deceased took treatment in Atlas Hospital,
Tiruchirappalli, As per contention of the Transport Corporation, personal
expenses of 50% to be deduced.
https://www.mhc.tn.gov.in/judis/
11.Therefore, the loss of income is Rs.4,200 x 12 x 18 = Rs.9,07,200/-.
The Tribunal has also not considered the amount for love and affection of the
parents. Therefore, the Tribunal has to award R.40,000/-each of the claimant
Nos.1 & 2, who are father and mother of the deceased. As per medical bills,
Rs.1,07,575/-is granted for medical expenses.
12.On hearing both sides, this Court is inclined to modify the award
amount of compensation passed by the Tribunal.
13.Accordingly, the claimants are entitled for compensation as follows:
S. Description Amount awarded by Award
confirmed /
No.
Tribunal this Court enhanced /
granted
1. For loss of income Rs.13,60,800/- Rs. 9,07,200/- Modified
2. For loss of love and affection Rs. 80,000/- Granted
(2 x Rs.40,000/-
for Claimant Nos.1 & 2)
3. For medical expenses Rs. 1,07,575/- Granted
4. For funeral expenses Rs. 15,000/- Rs. 15,000/- Confirmed
5. Loss of estate Rs. 15,000/- Rs. 15,000/- Granted
Total Rs. 13,90,800/- Rs. 11,24,775/-
with interest at 7.5% p.a., as awarded by the Tribunal, from the date of claim
petition till the date of realization.
https://www.mhc.tn.gov.in/judis/
14.In view of the aforesaid reasons, Cross Appeal(MD)No.7 of 2020
and C.M.A(MD)No.74 of 2020 are partly allowed. The award amount of
Rs.13,90,800/-passed by the Motor Accident Claims Tribunal/Special District
Court for MCOP Cases, Tiruchirappalli, in M.C.O.P.No.1743 of 2015, dated
28.01.2019, is hereby modified. This Court is inclined to award a sum of
Rs.11,24,775/-, as compensation with interest 7.5% from the date of petition,
till the date of realization. The 1st and 2nd claimants are entitled to a sum of
Rs.4,00,000/-each, and 3rd and 4th petitioners are entitled to a sum of
Rs.1,08,258 and 5th petitioner is entitled to a sum of Rs.1,08,259/-, as
compensation. All the other terms the Tribunal awarded is confirmed. No
Costs. Consequently, connected miscellaneous petition is closed.
Index :Yes/No 29.09.2021
Internet:Yes/No
ksa
Note:
Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct copy, shall be the
responsibility of the Advocate/litigant concerned.
To
1. The Motor Accident Claims Tribunal
/Special District Court for MCOP Cases,
Tiruchirappalli.
2. The Record Keeper,
V.R. Section, Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
S.ANANTHI, J.
ksa
Order made in
C.M.A.(MD)No.74 of 2020
and
CROS.OBJ.(MD)No.7 of 2020
29.09.2021
https://www.mhc.tn.gov.in/judis/
