Madras High Court
M.Saradhadevi vs The Managing Director on 28 April, 2022
C.M.A.Nos 3938 of 2019 & 1634 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.Nos.3938 of 2019 &1634 of 2021
and
C.M.P.No.8645 of 2021
C.M.A.No.3938 of 2019
1.M.Saradhadevi
2.Saisurya
3.Minor M.Saimanaswini
(Minor rep. by mother & natural
guardian, 1st appellant)
4.M.Annapurna
... Appellants
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
(Villupuram) NH-4, Ponneri Karai,
Karaipettai Post,
Kancheepuram District.
... Respondent
1/10
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C.M.A.Nos 3938 of 2019 & 1634 of 2021
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to enhance the award passed in Judgment and Decree dated
04.01.2019 made in MCOP No.971 of 2016 on the file of the Motor Accident
Claims Tribunal, District & Sessions Judge, Additional District Judge (Fast Track
Court), Kancheepuram.
For Appellants : Mr.C.Prabakaran
For Respondent : Mr.K.J.Sivakumar
C.M.A.No.1634 of 2021
The Managing Director,
Tamil Nadu State Transport Corporation (Villupuram) Ltd,
NH-4, Ponneri Karai,
Karaipettai Post,
Kancheepuram District. ... Appellant
Vs.
1.M.Saradhadevi
2.Saaisurya
3.Minor M.Saimanaswini
(Minor rep. by mother & natural
guardian, 1st appellant)
4.M.Annapurna
... Respondents
2/10
https://www.mhc.tn.gov.in/judis
C.M.A.Nos 3938 of 2019 & 1634 of 2021
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act 1988 to set aside the decree and judgment dated 04.01.2019 made in
MCOP No.971 of 2016 on the file of the Motor Accident Claims Tribunal,
District & Sessions Judge, Additional District Judge (Fast Track Court),
Kancheepuram.
For Appellant : Mr.K.J.Sivakumar
For Respondent : Mr.C.Prabakaran for R1 to R3
COMMON JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
CMA No.3938 of 2019 is filed by the claimants seeking enhancement of
compensation awarded in MCOP No.971 of 2016 dated 04.01.2019 by the Motor
Accident Claims Tribunal, District & Sessions Judge, Additional District Judge
(Fast Track Court), Kancheepuram. CMA No.1634 of 2021 is filed by the
Transport Corporation assailing the award passed in the same MCOP. Since both
the appeals arise out of the same award passed dated 04.01.2019, both are heard
3/10
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C.M.A.Nos 3938 of 2019 & 1634 of 2021
together and disposed of by this common Judgment.
2.For the purpose of clarity, the parties are referred to as per their rank
before the Tribunal.
3.Facts
which are necessary for disposal of this appeal, run thus:-
This is the case of fatal. On 24.07.2016 at about 10.45 p.m, the deceased
Ravikumar was travelling in the respondent Corporation bus bearing Reg.No.TN-
21-N-1621 (Route No.79) from Kanchipuram to Tambaram. When the bus was
nearing Thazhaiyampattu bridge curve, the driver drove the vehicle in a rash and
negligent manner and tumbled into gutter on the right side of the road, 20 feet
depth ditch. In the impact, the deceased died. At the time of accident, the
deceased was 49 years old and he was working as Assistant Manager, Motherson
Ployer Solutions and earning Rs.53,000/- per month. The accident had happened
only due to the rash and negligent driving of the driver of the Transport
Corporation's bus. The first claimant is the wife, claimants 2 and 3 are the
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C.M.A.Nos 3938 of 2019 & 1634 of 2021
children and the 4th claimant is the mother of the deceased. Hence, they filed
claim petition seeking compensation of Rs.1,50,00,000/-.
4.The Transport Corporation filed a counter disputing the manner of
accident, age, avocation and income of the deceased and its liability to pay the
compensation. It was also contended that the claim is excessive and without any
basis.
5.To substantiate the case of the claimants, the first claimant herself
examined as P.W.1. One Karthikesan was examined as P.W.2 and Exs.P1 to
Ex.P10 were marked. On the side of the Transport Corporation, one Mohandass
was examined as R.W.1 and no document was marked.
6.The Tribunal, after considering the oral and documentary evidence, held
that the driver of the appellant bus was responsible for the accident and awarded
compensation of Rs.59,20,000/- to the claimants along with interest at the rate of
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C.M.A.Nos 3938 of 2019 & 1634 of 2021
7.5% per annum under the following heads:-
S.No. Heads Amounts
(Rs.)
1 Loss of Income 4000+10000(25%)= 58,50,000/-
50000x12x13x3/4
2 Funeral Expenses 15,000/-
3 Loss of Consortium 40,000/-
4 Loss of Estate 15,000/-
Total 59,20,000/-
Challenging the said award, these appeals have been filed as stated supra.
7.Heard Mr.K.J.Sivakumar learned counsel appearing for the Transport
Corporation and Mr.C.Prabakaran, learned counsel appearing for the claimants
and perused the materials available on record.
8.In this appeal, negligence fixed by the Tribunal is not challenged. Hence,
it is not discussed. Though the learned counsel appearing for the Transport
Corporation has contended that the award is on the higher side, the learned
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C.M.A.Nos 3938 of 2019 & 1634 of 2021
counsel appearing for the claimants submitted that the award amount is very
meagre on perusal of the records, we find that the Tribunal, on proper
appreciation of evidence of P.W.1 and P.W.2 and the salary certificate (Ex.P.7) has
fixed the monthly income of the deceased and adopting correct multiplier '13',
awarded a just and reasonable compensation. The Tribunal dismissed the claim
as against the fourth claimant. We find no reason to interfere with the conclusion
reached by the Tribunal. This appeal has no merit. Hence, this appeal is liable to
be dismissed.
9. In such view of the matter, these Civil Miscellaneous Appeals are
dismissed and the award and decree dated 04.01.2019 made in MCOP No.971 of
2016 on the file of the Motor Accident Claims Tribunal, District & Sessions
Judge, Additional District Judge (Fast Track Court), Kancheepuram is confirmed.
The rate of interest fixed by the Tribunal as 7.5% per annum is also confirmed.
The Transport Corporation is directed to deposit the entire award amount with
accrued interest and costs, less the amount already deposited, if any, within a
period of eight weeks from the date of receipt of a copy of this Judgment. On
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C.M.A.Nos 3938 of 2019 & 1634 of 2021
such deposit, the major claimants are permitted to withdraw their share of the
award amount along with proportionate interest and costs, as per the ratio of
apportionment fixed by the Tribunal, less the amount already withdrawn, if any.
The share of the minor claimant shall be deposited in any one of the nationalized
banks in a fixed deposit till she attains majority. The interest on the minor deposit
is permitted to be withdrawn by the mother of the minor claimant once in six
months. The minor claimant/M.Saimanaswini on attaining majority is permitted
to withdraw her share. No costs. Consequently, connected miscellaneous petition
is closed.
[M.K.K.S.,J.] [V.S.G.,J.]
28.04.2022
skn
Intex : Yes/No
Internet : Yes/No
To
1.The Motor Accident Claims Tribunal,
District & Sessions Judge,
Additional District Judge,
(Fast Track Court), Kancheepuram.
2.The Section Officer,
V.R.Section,
Madras High Court,
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C.M.A.Nos 3938 of 2019 & 1634 of 2021
Chennai.
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
skn
COMMON JUDGMENT MADE IN
C.M.A.Nos.3938 of 2019 &1634 of 2021
and
C.M.P.No.8645 of 2021
https://www.mhc.tn.gov.in/judis
C.M.A.Nos 3938 of 2019 & 1634 of 2021
28.04.2022
https://www.mhc.tn.gov.in/judis
