Madras High Court
The Managing Director vs E.Selvamani on 22 April, 2022
C.M.A.No.976 of 2022
and C.M.A.No.3897 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA
C.M.A.No.976 of 2022
and
C.M.A.No.3897 of 2019
and
C.M.P.No.7227 of 2022
C.M.A.No.976 of 2022:
The Managing Director,
Metropolitan Transport Corporation Ltd.,
Pallavan Salai,
Chennai-2. ... Appellant
Vs
1.E.Selvamani
2.E.Shanthi
3.E.Sumathi ... Respondents
https://www.mhc.tn.gov.in/judis
C.M.A.No.976 of 2022
and C.M.A.No.3897 of 2019
PRAYER: Petition filed under Section 173 of the Motor Vehicle Act,
against the Judgment and Decree dated 12.08.2014 made in
M.C.O.P.No.12 of 2013 on the file of the learned III Judge, Court of
Small Causes, Motor Accident Claims Tribunal, Chennai.
For Appellant : Mr.S.Sivakumar
For Respondents : Mrs.Ramya V.Rao
C.M.A.No.3897 of 2019:
1.E.Selvamani
2.E.Shanthi
3.E.Sumathi ... Appellants
Vs
The Managing Director,
Metropolitan Transport Corporation Ltd.,
Pallavan Salai,
Chennai-2. ... Respondent
PRAYER: Petition filed under Section 173 of Motor Vehicle Act,
against the Judgment and Decree dated 12.08.2014 in M.C.O.P.No.12
of 2013 on the file of the learned III Judge, Court of Small Causes,
Motor Accident Claims Tribunal, Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.976 of 2022
and C.M.A.No.3897 of 2019
For Appellants : Mrs.Ramya V.Rao
For Respondent : Mr.S.Sivakumar
COMMON JUDGEMENT
The two Civil Miscellaneous Appeals arise against the Judgment
and Decree in M.C.O.P.No.12 of 2013 on the file of the learned III
Judge, Court of Small Causes, Motor Accident Claims Tribunal,
Chennai.
2.C.M.A.No.3897 of 2019 has been filed by the claimants and
C.M.A.No.976 of 2022 has been filed by the respondent Transport
Corporation.
3.It is the case of the claimants who are the wife and children of
the deceased Ethiraj that the deceased aged 54 years was working as a
Security in Chennai Ex-Service Man Security Bureau Private Limited
https://www.mhc.tn.gov.in/judis
C.M.A.No.976 of 2022
and C.M.A.No.3897 of 2019
and earning a monthly income of Rs.10,000/-. On 02.12.2012 about
07.00pm, while he was traveling as a passenger in the MTC bus,
bearing Registration No.TN.01-N-9821, the bus was driven in such a
rash and negligent manner by its driver and when he had suddenly
applied the brake the petitioner was thrown out, as a result of which, he
has sustained fatal injuries. Therefore, they had filed a claim petition
seeking compensation of a sum of Rs.10lakhs.
4.The respondent/corporation denied the allegations that the
driver was fault. They had contended that the bus was proceeding from
Thiruverkadu to Thiruvotriyur. The bus stopped at KMC bus stop for
passengers to board and alight. Thereafter, the driver slowly moved the
bus after the passengers had boarded and alighted and when he turned
into the side road, he noticed that the deceased was traveling on the
foot board and therefore, he and the conductor asked him to come into
the bus but he did not pay heed to the request made by the driver.
When the bus turned into the side road the deceased had been thrown
https://www.mhc.tn.gov.in/judis
C.M.A.No.976 of 2022
and C.M.A.No.3897 of 2019
out as he had lost his grip. Therefore, he had sustained fatal injuries.
Therefore, the negligence was on the side of the passenger.
5.The respondent corporation denied the claim of the petitioners.
The Tribunal below by order dated 12.08.2014 held negligence with
the driver of the respondent bus and granted compensation of a sum of
Rs.4,74,000/-. The claimants have challenged the Award saying that
the compensation granted was very low. The Transport Corporation
has filed an application stating that the Tribunal ought to have mulcted
contributory negligence on the deceased. Further, the award amount
was in excess.
6.Heard the learned counsel appearing on either side and perused
the papers.
7.The Tribunal has rightly come to the conclusion that the
accident and the death of the deceased had occurred only on account of
https://www.mhc.tn.gov.in/judis
C.M.A.No.976 of 2022
and C.M.A.No.3897 of 2019
the negligent driving of the driver of the respondent bus. It is seen that
the Tribunal has only taken a notional income of Rs.6,000/- per month.
That apart, no amount has been granted towards loss of consortium,
loss of love and affection and loss of estate by following the decision in
2017 (16) SCC 680 [National Insurrance Company v. Pranaya
Sethi and another]. Therefore, the Award has to be necessarily
modified and compensation has to be enhanced.
8.Considering the age and year of the accident, a notional income
of Rs.9,000/- is adopted and future prospects of 10%, i.e., Rs.900/- is
to be awarded. Therefore, the total notional income would be a sum of
Rs.9,900/-. The multiplier applicable for 58 years is 9. Therefore, the
compensation payable under the head of pecuniary benefits is 9,900 x
12 x 9 = 10,69,200/- of which, 1/3 has to be deducted towards personal
expenses. Therefore, the total amount under the head of pecuniary
benefits would be a sum of Rs.7,12,800/-. The amount under the head
of loss of consortium has to be enhanced to a sum of Rs.40,000/- and
towards loss of love and affection a sum of Rs.80,000/- has to be
https://www.mhc.tn.gov.in/judis
C.M.A.No.976 of 2022
and C.M.A.No.3897 of 2019
granted. No amounts has been awarded under the head of loss of
estate. Therefore, a sum of Rs15,000/- is so added. The enhanced
compensation would be a sum of Rs.8,62,800/-. Therefore, taking into
consideration the above aspects, the modified amount is as follows:
S.No Description Amount Amount Award
awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted or
reduced
1. Pecuniary loss Rs.3,84,000/- Rs.7,12,800/- Enhanced
2. Loss of consortium Rs.25,000/- Rs.40,000/- Enhanced
3. Loss of love and Rs.50,000/- Rs.80,000/- Enhanced
affection
4. Funeral expenses Rs.15,000/- Rs.15,000/- Confirmed
5. Loss of estate - Rs.15,000/- Enhanced
TOTAL Rs.4,74,000/- Rs.8,62,800/-
9.In fine C.M.A.No.976 of 2022 filed by the Transport
Corporation is dismissed and C.M.A.No.3897 of 2019 filed by the
claimants is allowed. The respondent Transport Corporation is directed
to deposit the entire compensation amount with interest @ 7.5% per
annum, less the statutory deposit already made, to the credit of
M.C.O.P.No.12 of 2013 on the file of the learned III Judge, Motor
https://www.mhc.tn.gov.in/judis
C.M.A.No.976 of 2022
and C.M.A.No.3897 of 2019
Accidents Claims Tribunal, Small Causes Court, Chennai, within a
period of six weeks from the date of receipt of a copy of this order. On
such deposit, the claimants are permitted to withdraw the amounts as
apportioned by the Tribunal by making necessary applications.
Consequently, connected Miscellaneous Petition is closed. No costs.
The claimants are directed to pay the Court fee for the enhanced
compensation amount, if required. The Tribunal below shall not
disburse the enhanced amount till such time as the certified copy
showing proof of payment of Court Fee has been produced by the
claimants.
22.04.2022
Index : Yes / No
Internet : Yes / No
Speaking Order : Yes / No
mps
To
https://www.mhc.tn.gov.in/judis
C.M.A.No.976 of 2022
and C.M.A.No.3897 of 2019
The III Judge,
Small Causes Court,
Motor Accidents Claims Tribunal,
Chennai.
P.T. ASHA, J,
https://www.mhc.tn.gov.in/judis
C.M.A.No.976 of 2022
and C.M.A.No.3897 of 2019
mps
C.M.A.No.976 of 2022
and
C.M.A.No.3897 of 2019
and
C.M.P.No.7227 of 2022
22.04.2022
https://www.mhc.tn.gov.in/judis
