Madras High Court
Arumugam vs Tamil Nadu State Transport ... on 10 March, 2022
C.M.A. (MD) Nos. 1123 of 2021 and 73 of 20221
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A. (MD) Nos. 1123 of 2021 and 73 of 2022
and
C.M.P. (MD) No. 662 of 2022
1. Arumugam
2. Prema
3. Jaya Chithra ... Petitioners / Appellants
in C.M.A. (MD) No. 1123 of 2021
Vs
Tamil Nadu State Transport Corporation,
Kumbakonam Division,
Through its Managing Director,
Karaikudi Region, Manakiri Post,
Karaikudi Taluk,
Sivagangai District. ... Respondent / Respondent in
C.M.A. (MD) No. 1123 of 2021
https://www.mhc.tn.gov.in/judis
C.M.A. (MD) Nos. 1123 of 2021 and 73 of 20221
Tamil Nadu State Transport Corporation,
Kumbakonam Division,
Through its Managing Director,
Karaikudi Region, Manakiri Post,
Karaikudi Taluk,
Sivagangai District. ... Appellant / Respondent in
C.M.A. (MD) No. 73 of 2022
Vs
1. Arumugam
2. Prema
3. Jaya Chithra ... Respondents / Claimants
in C.M.A. (MD) No. 73 of 2022
COMMON PRAYER: Civil Miscellaneous Appeals filed under Section
173 of the Motor Vehicles Act praying this Court to set aside the
judgment and decree made in M.C.O.P. No. 171 of 2019 by the Motor
Accident Claims Tribunal, (Sessions Judge Fast Track Mahila Court,
Sivagangai) dated 21.01.2021.
In C.M.A. (MD) No. 1123 of 2021:
For Appellants : Mr.P.Selvakamatchi
For Respondent : Mr.S.Madasamy
In C.M.A. (MD) No. 73 of 2022:
For Appellant : Mr.S.Madasamy
For Respondents : Ms.P.Selvakamatchi
for Mr.K.Gokul
https://www.mhc.tn.gov.in/judis
C.M.A. (MD) Nos. 1123 of 2021 and 73 of 20221
COMMON JUDGMENT
The claimants are the appellants in C.M.A. (MD) No.1123 of 2021
and the Transport Corporation is the appellant in C.M.A.(MD)
No. 73 of 2022. Challenging the award, dated 21.01.2021, made in
M.C.O.P. No. 171 of 2019, on the file of the Motor Accident Claims
Tribunal (Sessions Judge, Fast Track Mahila Court), Sivagangai, these
Civil Miscellaneous Appeals are filed.
2. For the sake of convenience, the parties are referred as per their
ranking in C.M.A. (MD) No. 1123 of 2021.
3. The brief facts relevant for the consideration of the above case,
are that when the deceased Pandiyammal was walking on 11.06.2019, at
about 10.40 a.m., along with her husband Arumugam near Vegetable
Market of Neru Bazaar at Sivagangai for purchasing of vegetables in
bulk, they decided to return through Mini Bus and for that purpose, they
were walking towards Sri.Thurkkaiamman Kovil at Sivagangai Bus
Stand from Western to Eastern side of the road. At that time, the driver of
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C.M.A. (MD) Nos. 1123 of 2021 and 73 of 20221
the bus bearing Registration No.TN-63-N-1570 belonging to the Tamil
Nadu State Transport Corporation had driven the bus in a rash and
negligent manner, as a result of which, caused grievous injuries to
Pandiyammal and brought to Medical College Hospital, Sivangangai and
died. Hence, the claim petition has been filed by the claimants in
M.C.O.P. No. 171 of 2019.
4. On the side of the petitioners, one witness was examined as
PW1 and 4 documens were marked as Exs.P1 to P4. On the side of the
respondent, no oral or documentary evidence was adduced.
5. The Tribunal, after analysing the oral and documentary evidence
available on record, awarded a compensation of Rs.9,31,800/- (Rupees
Nine Lakhs Thirty One Thousand and Eight Hundred only) together with
interest at the rate of 7.5% per annum and directed the respondent to pay
the same to the petitioners.
6. Aggrieved against the said award passed by the Tribunal, the
Civil Miscellaneous Petitions have been filed under Section 173 of the
Motor Vehicles Act, 1988.
https://www.mhc.tn.gov.in/judis
C.M.A. (MD) Nos. 1123 of 2021 and 73 of 20221
7. Heard both sides and perused the materials available on record.
8. The factum of the accident, the manner of the accident and the
rash and negligence on the part of the driver of the offending vehicle,
namely, Transport Corporation are not disputed by both the parties.
Accordingly, the findings of the Tribunal, to that effect, are hereby
confirmed.
9. According to the claimants, the award fixed by the Tribunal is
very low and according to the Transport Corporation, the award fixed by
the Tribunal is on the higher side.
10. Considering the documents filed before the Tribunal, the
Tribunal has considered Ex.P2 - Postmortem Certificate and fixed the age
of the deceased and also taken note of Ex.P4 - xerox copy of the charge
sheet. Since the accident took place on 11.06.2019, the Tribunal has fixed
Rs.300/- per day and accordingly, awarded a sum of Rs.9,000/- (Rupees
Nine Thousand only) per month towards notional income.
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C.M.A. (MD) Nos. 1123 of 2021 and 73 of 20221
11. Considering the fact that the accident occurred in the year
2019, I am inclined to refix the notional income at Rs.10,000/- (Rupees
Ten Thousand only). As per the decision laid down by the Hon'ble
Supreme Court of India in the case of National Insurance Co. vs Pranay
sethi and others reported in 2017 (2) TNMAC 601, 10% is added towards
future prospectus of the claimants. As per the decision laid down by the
Hon'ble Supreme Court of India in the case of Sarlavarma and others
vs. Delhi Transport Corporation and another reported in (2009) 6 SCC
121, the multiplier 9 is adopted. The Tribunal has awarded a
compensation for a sum of Rs.26,000/- (Rupees Twenty Six Thousand
only) towards funeral expenses, which is very excessive and the same is
reduced to Rs.15,000/- (Rupees Fifteen Thousand only). The Tribunal
awarded a sum of Rs.40,000/- (Rupees Forty Thousand only) towards
loss of consortium and the same is hereby confirmed. The Tribunal has
awarded a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only)
towards love and affection, which is also very excessive and the same is
reduced to Rs.80,000/- (Rupees Eighty Thousand only). The Tribunal has
awarded a sum of Rs.3,000/- (Rupees Three Thousand only) towards loss
of estate, which is very low and the same is enhanced to Rs.15,000/-
https://www.mhc.tn.gov.in/judis
C.M.A. (MD) Nos. 1123 of 2021 and 73 of 20221
(Rupees Fifteen Thousand only). The Tribunal has not awarded any
compensation towards transportation and this Court awards a sum of Rs.
15,000/- (Rupees Fifteen Thousand only) towards Transportation.
Calculation:
Notional Income = Rs.10,000/-
10% Future Prospects = Rs.1,000/-
Total = 10,000 + 1,000 = Rs.11,000/-
Loss of Income:
= Rs.11,000 x 12 x 9 x 2/3
= Rs.7,92,000/-
12. Accordingly, the award of the Tribunal in M.C.O.P. No. 171 of
2019 is modified as follows:
Sl. Particulars Amount granted Amount
No. by the Tribunal granted by this
Court
1. Loss of Income Rs.7,12,800/- Rs.7,92,000/-
2. Funeral Expenses Rs.26,000/- Rs.15,000/-
3. Love and Affection Rs.1,50,000/- Rs.80,000/-
4. Loss of Consortium Rs.40,000/- Rs.40,000/-
5. Loss of Estate Rs.3,000/- Rs.15,000/-
6. Transportation Charges ----- Rs.15,000/-
Total Rs.9,31,800/- Rs. 9,57,000/-
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C.M.A. (MD) Nos. 1123 of 2021 and 73 of 20221
13. The compensation awarded by the Tribunal is enhanced from
Rs.9,31,800/- (Rupees Nine Lakhs Thirty One Thousand and Eight
Hundred only) to Rs.9,57,000/- (Nine Lakhs and Fifty Seven Thousand
only) which shall carry interest at the rate of 7.5% per annum.
14. In the result,
(i) These Civil Miscellaneous Appeals are disposed of and the
quantum of compensation awarded by the Tribunal is enhanced from
Rs.9,31,800/-(Rupees Nine Lakhs Thirty One Thousand and Eight
Hundred only) to Rs.9,57,000/- (Nine Lakhs and Fifty Seven Thousand
only)
(ii) The Insurance Company is directed to deposit the entire
compensation of Rs.9,57,000/- (Nine Lakhs and Fifty Seven Thousand
only) (if not already deposited) together with interest at the rate of 7.5%
per annum from the date of claim petition till date of deposit to the credit
of M.C.O.P. No. 171 of 2019, on
the file of the Motor Accident Claims Tribunal (Sessions Judge, Fast
Track Mahila Court), Sivagangai, within a period of eight weeks from the
date of receipt of a copy of this judgment.
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C.M.A. (MD) Nos. 1123 of 2021 and 73 of 20221
(iii) On such deposit being made, the claimants are permitted to
withdraw the entire amount after following the due process of law.
(iv) The claimants 2 and 3 are minors, and therefore, their share of
compensation amount is ordered to be deposited in any one of the
Nationalized Banks until they attain majority and the first appellant is
permitted to withdraw the interest directly from the Bank, once in three
months in order to maintain the minors; and
(v) There shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
10.03.2022
Index:Yes / No
Internet:Yes / No
vji
To
1. The Sessions Judge Fast Track Mahila Court,
Sivagangai.
2. The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A. (MD) Nos. 1123 of 2021 and 73 of 20221
RMT.TEEKAA RAMAN,J.
vji
C.M.A. (MD) Nos. 1123 of 2021 and 73 of 2022
and
C.M.P. (MD) No. 662 of 2022
10.03.2022
https://www.mhc.tn.gov.in/judis
