Madras High Court
The Managing Director vs Kaliyamoorthy on 30 September, 2021
CMA.No.2795 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2021
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.M.A.No.2795 of 2021
and
C.M.P. No.15935 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation,
Villupuram. ...Appellant
vs.
1. Kaliyamoorthy
2. Kalpana
3. Radhakrishnan
4. Kavitha
5. Palani
6. Annamalai
7. Minor. Thirumalai
Rep. by 1st respondent/ father
8. Minor. Vijayalakshmi
Rep. by 1st respondent/ father
...Respondents
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and Decree dated 12.04.2019
made in M.C.O.P. No.97 of 2012 on the file of the Motor Accidents
Claims Tribunal, Sub Judge, Panruti.
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1/6
CMA.No.2795 of 2021
For Appellant : Mr. J. Lokesh
JUDGMENT
(This case was heard through Video Conferencing)
This Appeal has been filed by the Transport Corporation
challenging the award passed 12.04.2019 by the Motor Accident Claims
Tribunal, Sub Judge, Panruti in M.C.O.P. No.97 of 2012.
2. Heard Mr.J. Lokesh, learned counsel for the Appellant /
Transport Corporation.
3. The Appellant Transport Corporation has challenged the award
only on the ground that the quantum of compensation awarded by the
Tribunal is excessive.
4. The Tribunal under the impugned Award directed the Appellant
Transport Corporation to pay the respondents/claimants a compensation
of Rs. 10,30,000/- as detailed hereunder:
Heads Amount Awarded by
the Tribunal in Rs.
Loss of Income 7,80,000/-
Loss of consortium to 1st 50,000/-
petitioner
Loss of love and 1,75,000/-
affection to petitioner 2
to 8 (25,000 x 7)
Transport and Funeral 25,000/-
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CMA.No.2795 of 2021
Heads Amount Awarded by
the Tribunal in Rs.
expenses
Total 10,30,000/-
5. The Tribunal has fixed the notional monthly income of the
deceased at Rs.5,000/-. The accident happened on 23.05.2012. The
deceased was a Coolie. In the claim statement the respondents/ claimants
have pleaded that the deceased was earning Rs.5,000/- per month which
was accepted by the Tribunal under the impugned award. Since the
accident happened in the year 2012, this Court is of the considered view
that the assessment of the notional monthly income by the Tribunal at
Rs.5,000/- cannot be considered to be excessive as alleged by the
Appellant Transport Corporation. The deceased was aged 45 years at the
time of the accident and the Tribunal has adopted the correct multiplier of
13 while assessing the loss of dependency. The Tribunal has granted 20%
towards loss of future prospects which is also a correct assessment.
Therefore, the loss of income assessed by the Tribunal at Rs.7,80,000/-
cannot be considered to be excessive as alleged by the Appellant
Transport Corporation.
6. The Tribunal has awarded a compensation of Rs.50,000/-
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CMA.No.2795 of 2021
towards loss of consortium to the first respondent/ first claimant who is
the husband of the deceased.
7. The Tribunal has also awarded a compensation of Rs.1,75,000/-
(calculated at Rs.25,000/- each) towards loss of love and affection to the
remaining respondents/claimants who are the dependents of the deceased
which is in accordance with the settled law.
8. The Tribunal has awarded a compensation of Rs.25,000/-
towards transportation and funeral expenses which cannot be considered
to be excessive as it is in accordance with the settled law.
9. The over all compensation of Rs.10,30,000/- awarded to the
respondents/claimants cannot be considered to be excessive as alleged by
the Appellant Transport Corporation.
10. For the foregoing reasons, there is no merit in this appeal.
Accordingly, this Civil Miscellaneous Appeal stands dismissed. No costs.
Consequently, the connected Civil Miscellaneous Petition is closed.
11. Accordingly, the Appellant Transport Corporation is directed to
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CMA.No.2795 of 2021
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 cost, to the credit of M.C.O.P.No.97 of 2012
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
amount lying to the credit of M.C.O.P.No.97 of 2012 to the bank account
of the respondents/claimants in the ratio apportioned by the Tribunal
through RTGS within a period of two weeks thereafter.
30.09.2021
ab/vsi2
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
ABDUL QUDDHOSE, J.
ab
http://www.judis.nic.in
CMA.No.2795 of 2021
To
1. The Motor Accidents Claims Tribunal,
Sub Judge,
Panruti
2. The Section Officer,
V.R. Section,
High Court, Madras.
C.M.A.No.2795 of 2021
and
C.M.P. No.15935 of 2021
30.09.2021
http://www.judis.nic.in
