Madras High Court
S.Anjalatchi vs The General Manager on 17 August, 2022
C.M.A.No.1157 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.1157 of 2022
1.S.Anjalatchi
2.S.Ramu
3.K.Vijayalakshmi
4.S.Vijayakumari
5.R.Dhandapani ... Appellants
Vs
The General Manager,
Tamil Nadu State Transport Corporation Ltd,
(Villupuram Divn.-I) Cuddalore Zone,
Imperial Road, Cuddalore – 607 002. ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the Judgment and decree in M.C.O.P.No.1380 of
2019, dt.18.11.2021 on the file of the Motor Accidents Claims Tribunal/
(Principal District Judge, Cuddalore).
For Appellants : M/s.Ramya V.Rao
For Respondent : Mr.J.Sivakumar
1/8
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C.M.A.No.1157 of 2022
JUDGEMENT
The petitioners before the Tribunal are before this Court seeking an
enhancement of the award passed by the Motor Accidents Claims Tribunal/
(Principal District Judge, Cuddalore) in M.C.O.P.No.1380 of 2019.
2.The brief facts necessary to dispose of the above appeal are as follows:-
(i) The petitioners are the wife, son, daughters and father of one Sekar,
who died on account of a road accident on 13.06.2019. It is their case that on
the said date, the said Sekar was walking on the Vridhachalam-Cuddalore
National Highways. When he reached Thambipettai Bus Stop, the respondent-
Corporation's bus bearing Registration No.TN-32-N-4055, which was
proceeding from South to North at a great speed and in a rash and negligent
manner dashed the said Sekar. As a result of which, he had sustained fatal
injuries and despite the best treatment given to him at the Jipmer Hospital,
Puducherry, he succumbed to his injuries.
(ii) The petitioners would submit that the deceased was aged about 48
years at the time of accident and employed as weaver and earning a monthly
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C.M.A.No.1157 of 2022
income of Rs.20,000/-. Therefore, they had sought for a compensation of a sum
of Rs.25,00,000/-.
(iii) The respondent-Corporation had filed their counter, in which, they
had contended that the narration of the accident as given in the claim statement
was totally wrong and on the contrary, according to the respondent-Corporation,
on the said date, it was raining heavily and when the bus was entering the
Thambipettai Bus Stop, a pedestrian had suddenly crossed the road and the
driver was unable on account of the poor visibility and he had suddenly darted
across the road from behind the road blocks kept on the road. The respondent-
Corporation would further submit that they had come to learn that the said
person was mentally challenged. In fact, it is their specific contention that the
driver of the bus could not have been driven the same in a rash and negligent
manner as it was entering the bus stop. Therefore, they would submit that the
driver of the Transport Corporation was in no way responsible for the accident.
They had questioned the age, income and occupation of the deceased Sekar.
(iv) The Tribunal below after considering the facts had fixed the
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C.M.A.No.1157 of 2022
negligence on the driver of the respondent-Corporation's bus and awarded a sum
of Rs.11,44,000/- as compensation.
3.The petitioners are aggrieved by the compensation granted, since the
Tribunal has adopted a notional income of only a sum of Rs.7,000/- though the
accident is said to have occurred on 13.06.2019 and the deceased was aged
about 48 years. That apart, the amounts awarded under the head of loss of love
and affection was also on the lower side and was not in consonance with the
judgment of the Hon'ble Supreme Court in the case of National Insurance
Company Limited Vs. Pranay sethi and others reported in 2017 (16)
Supreme Court Cases 680. The Tribunal has also added future prospects at the
rate of 25% and adopted a multiplier of 13.
4.Heard the counsels on either side and perused the materials available on
record.
5.Considering the fact that the accident is of the year 2019 and the
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C.M.A.No.1157 of 2022
deceased was aged about 48 years at the time of accident, a notional income of
Rs.11,000/- can be adopted, to which, 25% has to be added towards future
prospects. Therefore, the monthly income would be a sum of Rs.13,750/- and
the annual income would be a sum of Rs.1,65,000/-, from which, 1/4 th has to be
deducted towards personal expenses, which is a sum of Rs.41,250/-. Therefore,
the monthly contribution notionally fixed to the family would be a sum of
Rs.1,23,750/-. Considering the age of the deceased, the appropriate multiplier
would be 13, therefore, the total amount under this head would be a sum of
Rs.16,08,750/-, which is worked out as follows :
Loss of Income Amount in
Rs.
Notional income (Per month) 11,000
Add: Future Prospects (Rs.10,000 x 25%) (Per month) 2,750
13,750
Notional income (Per annum) (Rs.13,750 x 12) 1,65,000
Less: Personal expenses (1/4th) (Rs.1,65,000/- x 1/4th) 41,250
1,23,750
Loss of income (Rs.1,23,750 x 13) 16,08,750
Total 16,08,750
6.Considering the fact that only a sum of Rs.50,000/- has been awarded
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C.M.A.No.1157 of 2022
under the head of loss of love and affection, this amount definitely should be
increased to keep it in tune with the guidelines set out by the Hon'ble Supreme
Court in the case of National Insurance Company Limited Vs. Pranay sethi
and others. Therefore, the appellants 2 to 5 are entitled to a sum of Rs.40,000/-
each and the amount under the head of loss of love and affection is increased to
a sum of Rs.1,60,000/-. Therefore, the modified compensation is as follows:
Heads Awarded by Awarded by
the Tribunal this Court
(Amount in (Amount in
Rs.) Rs.)
Loss of Income 10,23,750 16,08,750
(Enhanced)
Loss of love and affection (Rs.40,000 x 4) 50,000 1,60,000
(Enhanced)
Loss of Consortium 40,000 40,000
Funeral Expenses 15,000 15,000
Loss of Estate 15,000 15,000
Total 11,43,750 18,38,750
7. The appeal is allowed and the impugned Award of the Tribunal is
modified, enhancing the compensation amount from Rs.11,43,750/- to
Rs.18,38,750/-. The respondent/Insurance Company is directed to deposit the
said amount to the credit of M.C.O.P.No.1380 of 2019 along with interest at the
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C.M.A.No.1157 of 2022
rate of 7.5% per annum from the date of claim petition till the date of deposit
and costs as awarded by the Tribunal, less, the amount, if any already deposited,
within a period of six weeks from the date of receipt of a copy of this judgment.
On such deposit being made, the appellants are permitted to withdraw the award
amount falling to their share, along with proportionate interest and costs as
awarded by the Tribunal, less, the amount, if any already withdrawn. The
claimants are directed to pay the necessary Court fee for the enhanced
compensation amount, if required. The Tribunal below shall not disburse the
enhanced amount till such time the certified copy showing proof of payment of
Court fee is produced by the claimants. In other respects, the Award of the
Tribunal is hereby confirmed. There shall be no order as to costs in the present
appeal.
17.08.2022
Index : Yes/No
Speaking order/non-speaking order
sp
To
1.The Motor Accidents Claims Tribunal/ (Principal District Judge, Cuddalore).
2.The Section Officer, V.R.Section, High Court, Madras.
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C.M.A.No.1157 of 2022
P.T.ASHA, J.,
sp
C.M.A.No.1157 of 2022
17.08.2022
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