Madras High Court
The Manager vs Revathi on 24 June, 2022
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2022
CORAM:
THE HONOURABLE MS. JUSTICE P.T.ASHA
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
and
CMP Nos.7669 & 8251 of 2021
C.M.A. Nos.1589 & 1809 of 2021
The Manager
Tamilnadu State Transport Corporation Ltd.,
Perambur. .. Appellant in C.M.A. No.1589 of 2021
& Respondent in C.M.A. No. 1809 of
vs.
1. Revathi, W/o. Late Ananthan
2. Ragavan, S/o. Late Ananthan
3. Aathavan, S/o.Late Ananthan
4. Gaviya, D/o. Late Ananthan
5. Keerthini, D/o. Late Ananthan
(2,3,4 & 5 minor respondents are rep. by their
next friend/guardian 1st respondent Revathi)
6. Rangan, S/o. (Late) Pojan
7. Thummalli, W/o. Rangan ..Respondents in C.M.A. No.1589 of
2021 & Appellants in C.M.A. No.
1809 of 2021
C.M.A. No.1467 of 2021 & Cross Objection No.48 of 2021
https://www.mhc.tn.gov.in/judis
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
The Manager
Tamil Nadu State Transport Corporation Ltd.,
Periyamilaguparai, Trichy-1 ...Appellant in CMA No.1467 of 2021 &
Respondent in Cros. Obj. No.48 of 2021.
Vs.
1. Nallammal, W/o. Marimuthu
2. Minor. Menaka, D/o. (Late) Chinnasamy
3. Minor. Divya, D/o. (Late) Chinnasamy
4. Minor Jeyakumar, S/o. (Late) Chinnasamy
(2,3 & 4 minor respondents are rep. by their
next friend/guardian 1st respondent Nallammal)
.... Respondents in CMA No.1467 of 2021
& Cross Objectors in Cros. Obj. No.48
of 2021
Prayer in C.M.A. Nos.1589 & 1809 of 2021: Civil Miscellaneous
Appeals filed under Section 173 of the Motor Vehicles Act, 1988 against
the judgment and decree dated 27.08.2020 made in M.C.O.P. No.128 of
2018 on the file of the Motor Accident Claims Tribunal, Sessions Judge,
Perambalur.
Prayer in C.M.A. No.1467 of 2021 & Cross Objection No.48 of 2021
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles
Act, 1988, and Cross Objection Under Order 41 Rule 22 of Code of Civil
Procedure, against the judgment and decree dated 27.08.2020 made in
M.C.O.P. No.117 of 2018 on the file of the Motor Accident Claims
Tribunal, Sessions Judge, Perambalur.
C.M.A. Nos.1589 of 2021
For Appellant : Mr.D. Venkatachalam
For Respondents : Mr. S.P. Yuvaraj.
C.M.A. Nos.1809 of 2021
https://www.mhc.tn.gov.in/judis
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
For Appellants : Mr. S.P. Yuvaraj.
For Respondent : Mr.D. Venkatachalam
C.M.A. No.1467 of 2021
For Appellant : Mr.D. Venkatachalam
For Respondents : Mr. S.P. Yuvaraj.
Cross Objection No.48 of 2021
For Cross Objectors : Mr. S.P. Yuvaraj.
For Respondent : Mr.D. Venkatachalam
COMMON JUDGMENT
The Tamil Nadu State Transport Corporation has filed C.M.A.
Nos.1589 of 2021 and 1467 of 2021 challenging the award passed in
M.C.O.P. Nos.128 and 117 of 2018 respectively, on the file of the learned
Sessions Judge, Motor Accident Claims Tribunal, Perambalur.
2. The claimants in M.C.O.P. No.128 of 2018 on the file of the
learned Sessions Judge, Motor Accident Claims Tribunal, Perambalur.,
have filed C.M.A. No.1809 of 2021 seeking enhancement of the
compensation amount awarded by the Tribunal.
3. The Claimants in M.C.O.P. No.117 of 2018 have filed cross
https://www.mhc.tn.gov.in/judis
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
objection in C.M.A. No.1467 of 2021.
4. The claims in the abovesaid two claim petitions arise in respect
of a single accident. M.C.O.P. No.128 of 2018 has been filed by the wife,
parents and children of deceased Ananthan and M.C.O.P. No.117 of 2018
has been filed by the mother-in-law and the children of the deceased
Chinnasamy. The said Chinnasamy and Anandan were travelling in a
Splendor Plus two wheeler bearing Registration No.TN-21-L-1654 on
14.01.2018 on Thuraiyur-Trichy Road in North South direction. The
accident occurred around 11.45 p.m., when the respondent's bus coming
in the opposite direction had collided with the two wheeler, as a result of
which, both Chinnasamy and Ananthan had sustained fatal injuries. The
respective legal representatives have preferred the abovesaid two claim
petitions. The counter that has been filed in both these petitions by the
Transport Corporation would state that the rider of the splendor bike was
responsible for the accident and that there was no negligence on the part
of the driver of the Transport Corporation. Further, the respondent /
transport corporation had disputed the manner of accident, age, income
and dependency of the deceased persons.
https://www.mhc.tn.gov.in/judis
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
5. The Tribunal, after considering the evidence on record, came to
the conclusion that the accident occurred solely on account of the
negligence of the driver of the Transport Corporation.
6. The claimants in M.C.O.P. No.128 of 2018 were awarded a total
compensation of Rs.32,95,600/-. The Tribunal had taken the notional
income of the deceased at Rs.15,000/- taking note of the fact that the
deceased was a mason to which future prospects of 40% was added and
applying the multiplier of 16, had arrived at the loss of compensation.
7. As regards M.C.O.P. No. 117 of 2018, the Tribunal had awarded
a notional income of Rs.15,000/- considering the fact that the deceased
was a mason to which 25% was added towards future prospects since the
deceased was aged beyond 50 years and applying the multiplier of 15 had
arrived at a compensation of Rs.22,80,000/-
8. The Transport Corporation is aggrieved by the award of the
Tribunal, both on quantum as well as negligence. The claimants in
MCOP No.117 of 2018 has filed cross objection seeking enhancement
and likewise the claimants in M.C.O.P. No.128 of 2018 has filed an
https://www.mhc.tn.gov.in/judis
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
appeal in C.M.A. No.1809 of 2021 seeking enhancement.
9. On a perusal of the records, it is seen that the accident has taken
place on the extreme left side of the road. The deceased was riding his
motor cycle in a north-south direction keeping to the extreme left. The
respondent bus has come in the opposite direction and hit the vehicle,
which indicates that the bus has crossed over and caused the accident.
Therefore, the finding on the negligence of the Transport Corporation has
to be necessarily confirmed. As regards the quantum, both the deceased
were working as masons. The Transport Corporation has not been able to
produce any evidence to disprove the claim. Therefore, the Tribunal has
rightly adopted a notional monthly income of Rs.15,000/- to which future
prospects have been added and therefore, the plea of the Transport
Corporation that the quantum was high cannot be countenanced.
However, it appears that in M.C.O.P. No.128 of 2018, the Tribunal has
not awarded any amount under the head of loss of love and affection for
the children of the deceased, petitioners 2 to 5 and his parents. Therefore,
a sum of Rs.2,40,000/- is awarded under the head of loss of love and
affection for the claimants 2 to 7 in M.C.O.P. No.128 of 2018.
https://www.mhc.tn.gov.in/judis
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
10. In M.C.O.P. No.117 of 2018, no amounts have been granted to
the children/claimants 2 to 4 under the head of loss of love and affection.
Under this head a sum of Rs.1,20,000/- shall be awarded to the claimants
2 to 4. Therefore, the modified award in both the M.C.O.Ps will be as
follows:
M.C.O.P. No. 128 of 2018
S. Description Amount Amount Award
No awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted or
reduced
1. Loss of dependency 32,25,600/- 32,25,600/- confirmed
2. Consortium (for wife 40,000/- 40,000/- confirmed
only)
3. Loss of Estate 15,000/- 15,000/- confirmed
4. Funeral Expenses 15,000/- 15,000/- confirmed
5. Loss of love and - 2,40,000/- granted
affection to the
petitioners 2 to 7
TOTAL 32,95,600/- 35,35,600/- Enhanced by
Rs.2,40,000/-
M.C.O.P. No. 117 of 2018
https://www.mhc.tn.gov.in/judis
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
S. Description Amount Amount Award
No awarded by awarded by this confirmed or
Tribunal Court enhanced or
(Rs) (Rs) granted or
reduced
1. Loss of dependency 22,50,000/- 22,50,000/- confirmed
2. Loss of Estate 15,000/- 15,000/- confirmed
3. Funeral Expenses 15,000/- 15,000/- confirmed
5. Loss of love and - 1,20,000/- granted
affection to the
petitioners 2 to 7
TOTAL 22,80,000/- 24,00,000/- Enhanced by
Rs.1,20,000/-
11. In the result,
1. C.M.A. No.1809 of 2021 & Cross Objection No. 48 of 2021 in
C.M.A. No.1467 of 2021 are allowed. No costs.
2. The award of the Tribunal in M.C.O.P. No.128 of 2018 be and
hereby is enhanced to a sum of Rs.35,35,600/- (Rupees Thirty five
lakhs thirty five thousand six hundred only) from Rs.32,95,600/-
together with interest @ 7.5 % per annum from the date of petition
till the date of deposit.
3. The award of the Tribunal in M.C.O.P. No.117 of 2018 be and
hereby is enhanced to a sum of Rs.24,00,000/- (Rupees Twenty
four lakhs only) from Rs.22,80,000/- together with interest @
7.5% per annum from the date of petition till the date of deposit.
https://www.mhc.tn.gov.in/judis
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
4. The respondent/ Transport Corporation is directed to deposit the
award amount of Rs.35,35,600/- to the credit of M.C.O.P.No.128
of 2018 and Rs.24,00,000/- to the credit of M.C.O.P.No.128 of
2018 on the file of the Motor Accident Claims Tribunal (Sessions
Judge) (FAC), Perambalur, together with interest @ 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 eight weeks from the date of receipt
of a copy of this Judgment.
5. On such deposit, the appellants/claimants in M.C.O.P. No.128 of
2018 and Cross Objectors/claimants in M.C.O.P. No.117 of 2018
are permitted to withdraw their respective share of the award
amount now determined by this Court, as per the ratio of
apportionment fixed by the Tribunal, along with proportionate
interest and costs, less the amount if any, already withdrawn by
making necessary applications before the Tribunal.
6. The award amount with respect to the minor claimants in the
respective appeal and Cross Objection shall be deposited in any one
of the nationalized bank till the claimants attain majority and the
guardian and mother of the minor claimants in M.C.O.P. Nos.128
https://www.mhc.tn.gov.in/judis
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
of 2018 and the guardian and grand-mother of the minor claimants
in M.C.O.P. No.117 of 2018 shall be permitted to withdraw
quarterly interest from the said amount.
7. The Tribunal shall not disburse the amounts until proof of payment
of the Court fee is produced by the claimant failing which the
Tribunal shall get a confirmation from this Court that the Court fee
has been paid.
8. In all other aspects the awards of the Tribunal are confirmed.
9. C.M.A. Nos.1589 & 1467 of 2021 are dismissed. No costs.
Consequently, connected miscellaneous petitions are dismissed.
24.06.2022
bga
Index : Yes/No
Speaking / Non-speaking order
To
Motor Accident Claims Tribunal (Sessions Judge) (FAC),
Perambalur,
https://www.mhc.tn.gov.in/judis
CMA.Nos.1589, 1809 & 1467 of 2021 & Cros. Obj. No.48 of 2021
P.T.ASHA, J.
bga
CMA.Nos.1589, 1809 & 1467 of 2021 &
Cros. Obj. No.48 of 2021
and
CMP Nos.7669 & 8251 of 2021
24.06.2022
https://www.mhc.tn.gov.in/judis
