Madras High Court
Karthiga vs The Managing Director on 17 June, 2022
C.M.A.No.1989 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.No.1989 of 2021
1.Karthiga
2.Minor Balasri
(Minor 2nd appellant represented by his
mother Karthiga as natural guardian
and next friend)
3.Thamaraiselvi
4.Bala Krishnan ... Appellants
Vs.
The Managing Director
TNSTC (Villupuram) Limited
No.3/137, Salamedu
Valudareddy Post
Villupuram – 605 602. ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 05.11.2020 made
1/9
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C.M.A.No.1989 of 2021
in M.C.O.P.No.3862 of 2018 on the file of Motor Accident Claims Tribunal,
Principal Special Judge, Special Court under EC and NDPS Act, Chennai-
104.
For Appellant : Mrs.A.Subadra
for Ms.M.Malar
For Respondent : Mr.K.J.Sivakumar
JUDGMENT
(Judgment of the Court was delivered by V.M.VELUMANI,J.)
The Civil Miscellaneous Appeal is filed for enhancement of
compensation granted by the Tribunal in the award dated 05.11.2020 made in
M.C.O.P.No.3862 of 2018 on the file of Motor Accident Claims Tribunal,
Principal Special Judge, Special Court under EC and NDPS Act, Chennai-
2.The appellants are claimants in M.C.O.P.No.3862 of 2018 on the file
of Motor Accident Claims Tribunal, Principal Special Judge, Special Court
under EC and NDPS Act, Chennai-104. They filed the said claim petition
claiming a sum of Rs.1 Crore as compensation for the death of one
Karthikeyan, who died in the accident that took place on 04.06.2018.
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C.M.A.No.1989 of 2021
3.The Tribunal considering the pleadings, oral and documentary
evidence, held that the accident occurred due to rash and negligent driving by
the driver of bus belonging to the respondent/Transport Corporation and
directed the respondent/Transport Corporation to pay a sum of Rs.17,45,000/-
as compensation to the appellants.
4.Not being satisfied with the amounts awarded by the Tribunal, the
appellants have come out with the present appeal seeking enhancement of
compensation.
5.The learned counsel appearing for the appellants contended that the
deceased Karthikeyan was a B.E. degree holder, he was doing water proofing
work at the time of accident and was earning a sum of Rs.30,000/- per month.
The deceased was appointed as Trainee in Rane TRW Steering Systems
Limited and he has completed the course in February 2013 as Diploma
Trainee. The Tribunal without considering the same, fixed only a meagre sum
of Rs.10,000/- per month as notional income of the deceased. The deceased
Karthikeyan was aged 29 years at the time of accident. The Tribunal has not
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C.M.A.No.1989 of 2021
granted any enhancement towards future prospects and any compensation
towards loss of estate. The amounts awarded by the Tribunal under different
heads are meagre and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the
respondent/Transport Corporation contended that the appellants have not
filed any document to prove the avocation and income of the deceased. In the
absence of any material with regard to avocation and income of the deceased,
the Tribunal fixed a sum of Rs.10,000/- per month as notional income of the
deceased, which is excessive. The Tribunal after considering all the materials
on record, awarded compensation, which is not meagre. The appellants have
not made out any case for enhancement of compensation and prayed for
dismissal of the appeal.
7.Heard the learned counsel appearing for the appellants as well as the
learned counsel appearing for the respondent/Transport Corporation and
perused the entire materials available on record.
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C.M.A.No.1989 of 2021
8.It is the contention of the appellants that the deceased Karthikeyan
was a B.E. degree holder, he was appointed as Trainee in Rane TRW Steering
Systems Limited and he has completed the course in February 2013 as
Diploma Trainee. To prove the said contention, the appellants have marked
course completion certificate and training completion certificate as Exs.P6
and P7 respectively. At the time of accident, the deceased was doing water
proofing work and was earning a sum of Rs.30,000/- per month. The
appellants failed to substantiate the said contention. The Tribunal in the
absence of any evidence with regard to avocation and income of the
deceased, fixed a sum of Rs.10,000/- per month as notional income of the
deceased. The accident is of the year 2018 and the notional income fixed by
the Tribunal is meagre. Considering the age and nature of work done by the
deceased, a sum of Rs.13,000/- per month is fixed as notional income of the
deceased. As per Ex.P4/Post-mortem certificate, the deceased was aged 29
years at the time of accident. The Tribunal, following the judgment of the
Hon'ble Apex Court reported in 2009 (2) TNMAC 1 SC (Sarla Verma and
others vs. Delhi Transport Corporation and another), has rightly applied
multiplier '17'. The Tribunal failed to grant any enhancement towards future
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C.M.A.No.1989 of 2021
prospects of the deceased. As per the judgment of the Hon'ble Apex Court
reported in 2017 (2) TN MAC 609 (SC) [National Insurance Co. Ltd., Vs.
Pranay Sethi and others], the appellants are entitled to 40% enhancement
towards future prospects. There are four dependants of the deceased and the
Tribunal has rightly deducted 1/4 towards personal expenses. Thus, by fixing
Rs.13,000/- as monthly income of the deceased and granting 40%
enhancement towards future prospects, the compensation awarded by the
Tribunal towards loss of dependency is modified to Rs.27,84,600/-
(Rs.13,000/- + 5200 [Rs.13,000/- X 40%] X 12 X 17 X 3/4). In addition to
that, the Tribunal has awarded Rs.50,000/- towards loss of consortium to the
1st appellant and Rs.50,000/- each towards loss of love and affection to the
appellants 2 to 4, which are excessive. In view of the excessive amounts
awarded by the Tribunal, the appellants are not entitled to any compensation
towards loss of estate. A sum of Rs.15,000/- awarded by the Tribunal towards
funeral expenses is just and reasonable and hence, the same is hereby
confirmed. Thus, the compensation awarded by the Tribunal is modified as
follows:
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C.M.A.No.1989 of 2021
S.No Description Amount Amount awarded Award
awarded by by this Court confirmed or
Tribunal (Rs) enhanced or
(Rs) granted or
reduced
1. Loss of 15,30,000 27,84,600 Enhanced
dependency
2. Loss of 50,000 50,000 Confirmed
consortium to
the 1st appellant
3. Loss of love 1,50,000 1,50,000 Confirmed
and affection to
the appellants 2
to 4
4. Funeral 15,000 15,000 Confirmed
expenses
Total 17,45,000 29,99,600 Enhanced by
Rs.12,54,600/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.17,45,000/- is hereby
enhanced to Rs.29,99,600/- together with interest at the rate of 7.5% per
annum (excluding the lock down period from 01.03.2020 to 30.09.2020) from
the date of petition till the date of deposit. The respondent/Transport
Corporation is directed to deposit the award amount now determined by this
Court along with interest and costs, less the amount already deposited, if any,
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C.M.A.No.1989 of 2021
within a period of twelve weeks from the date of receipt of a copy of this
judgment. On such deposit, the appellants 1, 3 and 4 are permitted to
withdraw their respective share of the award amount now determined by this
Court, as per the apportionment fixed by the Tribunal, along with
proportionate interest and costs, less the amount if any, already withdrawn.
The share of the minor/2nd appellant is directed to be deposited in any one of
the Nationalised Banks till the minor attains majority. The 1st appellant,
mother of the minor/2nd appellant is permitted to withdraw the accrued
interest once in three months for the welfare of the minor. The appellants are
directed to pay the necessary Court fee on the enhanced award amount, as per
the order of this Court dated 07.07.2021 made in C.M.P.No.9796 of 2021 in
C.M.A.SR.No.44168 of 2021. No costs.
(V.M.V., J) (S.S., J)
17.06.2022
Index : Yes / No
kj
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C.M.A.No.1989 of 2021
V.M.VELUMANI,J.
and
S.SOUNTHAR,J.
kj
To
1.The Principal Special Judge
Motor Accident Claims Tribunal
Special Court under EC and NDPS Act
Chennai-104.
2.The Section Officer
VR Section
High Court
Madras. C.M.A.No.1989 of 2021
17.06.2022
https://www.mhc.tn.gov.in/judis
