The General Manager vs A.Sabapathi
2022 Latest Caselaw 4650 Mad

Citation : 2022 Latest Caselaw 4650 Mad
Judgement Date : 9 March, 2022

Madras High Court

The General Manager vs A.Sabapathi on 9 March, 2022

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 09.03.2022

                                                       CORAM:

                              THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                            C.M.A(MD)No.935 of 2018
                                                     and
                                           C.M.P(MD)No.10138 of 2018


                     The General Manager,
                     Karaikudi Region,
                     Tamil Nadu State Transport Corporation,
                     Karaikudi.                   :Appellant/Fourth respondent


                                                .vs.


                     1.A.Sabapathi

                     2.Sree Kumar

                     3.Minor Vijai Kumar

                     (Minor third respondent is represented by his father and next
                     friend,the first respondent herein A.Sabapathi)

                     4.K.R.Rajendran

                     5.The General Manager,
                       Trichy Region,
                       Tamil Nadu State Transport Corporation,
                       Trichy.

                     6.A.Bhaskaran                     :Respondents/Petitioners and
                                                             Respondents 1,2 and 3

                     (Respondents 4 and 6 are drivers of the appellant and 5th


                     1/6
https://www.mhc.tn.gov.in/judis
                     respondent is the sister Corporation of appellant and hence they
                     are given up)


                     PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act against the award and decree made in
                     M.C.O.p.No.604 of 2012, dated 12.08.2013, on the file of the Motor
                     Accidents Claims Tribunal/The Additional District and Sessions
                     Court, Dindigul.


                                       For Appellant             :Mr.P. Prabhakaran

                                       For Respondents           :Mr.S.A.Ajmal Khan
                                             1 to 3

                                       For Respondent-2           :No appearance

                                       For Respondents            :Given Up
                                             4 to 6

                                                      JUDGMENT

*********

This Civil Miscellaneous Appeal is directed against the award

and decree made in M.C.O.P.No.604 of 2012, dated 12.08.2013, on

the file of the Motor Accidents Claims Tribunal/The Additional District

and Sessions Court, Dindigul.The Transport Corporation has

preferred this appeal questioning the quantum only.

2.The factum of accident, manner of the accident, rash and

negligence on the part of the driver of the vehicle and the liability

https://www.mhc.tn.gov.in/judis on the part of the Transport Corporation to pay the compensation

are not in dispute and hence, the same is hereby confirmed.

3.Heard the learned counsel for the appellant and the learned

counsel for the respondents 1 to 3 and perused the materials placed

before this Court.

4.On a perusal of Ex.P5-Salary Certificate, I find that the

salary immediately preceeding the month of accident was Rs.

29,634/-. Accordingly, the Tribunal has fixed the income at Rs.

26,671/- after allowing permissible deductions and hence, the

salary as fixed by the Tribunal is confirmed. As per Ex.P12-Service

16.09.2010 and hence on the date of the accident, the deceased

was 46 years and the multiplier '13' is properly adopted by the

Tribunal. However, with regard to the award of future prospects,

following the Pranay Sethi's case, it should be 30% only and not

40%. On the head of love and affection for two sons, it is reduced

to Rs.40,000/- each, totally Rs.80,000/-, as per the directions of

the Honourable Supreme Court. The award of Rs.15,000/- for

funeral expenses and Rs.15,000/- for loss of estate are confirmed.

https://www.mhc.tn.gov.in/judis For the purpose of calculation, the salary is taken as Rs.29,634/-

and by adding 30% towards future prospects it comes to Rs.

38,524(Rs.29,634+Rs.8890=Rs.38,524/-).Thus, the loss of income

is arrived at Rs.38,524x12x13x2/3=Rs.40,06,496/-. The loss of

consortium for the first claimant/husband is fixed at Rs.40,000/-

and another sum of Rs.1,000/- is awarded for transport expenses

and thus the total Compensation is arrived at Rs.41,57,496/-(Rs.

40,06,496/- + Rs.40,000/- + Rs.80,000/- + Rs.15,000/- + Rs.

15,000/-+Rs.1,000/-=Rs.41,57,496/-).

5.Accordingly, the compensation amount awarded by the

Tribunal is reduced from Rs.43,80,676/- to Rs.41,57,496/- with

interest at the rate of 7.5%p.a. from the date of claim petition till

the date of realisation. The learned counsel for the

appellant/Transport Corporation is directed to deposit the modified

award amount with accrued interest and costs, less the award

amount already deposited, if any, within a period of eight weeks

from the date of receipt of a copy of this order. On such deposit

being made claimants are permitted to withdraw their share in the

award amount with accrued interest and costs, as per the ratio of

apportionment made by the Tribunal, by filing necessary application

https://www.mhc.tn.gov.in/judis before the Tribunal. The Tribunal is directed to refund the balance