Madras High Court
The Managing Director vs Anitha on 25 March, 2022
C.M.A(MD)No.480 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
C.M.A(MD)No.480 of 2018
and
C.M.P(MD)No.5691 of 2018
The Managing Director,
Tamil Nadu State Transport Corporation(Madurai)Limited,
Bye Pass Road,
Vannarpettai
Tirunelveli. :Appellant/respondent
.vs.
1.Anitha
2.Minor Edwin Anish
3.Minor Edwin Aakash
(The minor respondents 2 and 3 are represented
by their mother and guardian first respondent Anitha)
4.Vargeese Mary :Respondents/Petitioners
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against award and decree made in M.C.O.P.No.20 of
2016 dated 09.08.2017 on the file of the Motor Accident Claims
Tribunal/Chief Judicial Magistrate Court, Tirunelveli.
1/8
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.480 of 2018
For Appellant :Mr.P. Prabhakaran
For Respondents :Mr.K.Muthurakkan
1 to 3
For Respondent-4 :No appearance
JUDGMENT
*********
This Civil Miscellaneous Appeal is filed against the award and
decree made in M.C.O.P.No.20 of 2016, dated 09.08.2017 on the file of
the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court,
Tirunelveli.
2.The Transport Corporation is the appellant, who has filed the
present appeal on the point of negligence as well as the quantum. The
factum of accident and the manner of accident 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.
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C.M.A(MD)No.480 of 2018
4.The respondents 1 to 3 are the claimants before the Tribunal filed
M.C.O.P.No.20 of 2016 before the Chief Judicial Magistrate, Tirunelveli,
claiming compensation for the death of the husband of the first
claimant/petitioner in a road traffic accident. At the time of accident, the
age of the deceased was 45 years and he was doing agriculture by
owning a tractor and also doing fishing Job.
5.The appellant Transport Corporation filed a counter statement
wherein a specific plea was raised that the rider of the two wheeler
bearing Registration No.TN-AV-7921, in which, the deceased was
travelling as a pillion rider, came in the opposite direction and dashed
against the bus and thereby, the accident occurred. Hence, the appellant
sought for contributory negligence at 50%-50%. The Tribunal has
rejected the plea of the Transport Corporation and fixed the entire
negligence on the Transport Corporation bus driver and awarded
compensation of Rs.27,02,000/-. Aggrieved by the same, the Transport
Corporation is before this Court.
6.After perusing the evidence of P.W.1-wife and P.W.2-occurrence
witness and also taking note of the documentary evidence of Ex.P.1, I
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C.M.A(MD)No.480 of 2018
find that the rider of the motor-cycle bearing Registration No.TN-
AV-7921 with the deceased pillion rider appeared to have been coming
from the opposite direction, without observing the traffic rules come
across the middle line of the road and when one fork crossing the road, in
order to avoid the two wheeler dashing against the sudden crossing of the
fork, he lost his balance and dashed against the appellant bus.
7.In view of the evidence of P.W.2 and coupled with Ex.P.1, I find
that there is a contributory negligence on the part of the rider of the two
wheeler at 20% and 80 % is fixed upon the Transport Corporation and
accordingly, the findings of the Tribunal shall stand modified and the
Transport Corporation fastened with the liability at 85% only.
8.On the point of quanutm of compensation, based upon Ex.P.3-
Statement of Bank account, Ex.P.4-Fishing Rights Certificate and Ex.P.5-
Identity Card issued by the Fishing Department, Ex.P.6-being the
Registration Certificate of the Tractor, the Tribunal has rightly come to
the conclusion that the deceased would have earned at least Rs.15,000/-
per month. Accordingly, the notional income of the deceased fixed at
Rs.15,000/- by the Tribunal, appears to be just and proper. However,
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C.M.A(MD)No.480 of 2018
with regard to the award of future prospects, the Tribunal, following the
judgment of Pranay Sethi's case, has given 30% (15,000/- x 30/100=
4,500/-) . Since there was 4 members in the deceased family, 1/4th
deduction has to be made as Rs.4,875/- (19,500/- x 1/4) and therefore, he
could have contributed to the family at Rs.14,625/-p.m. In the absence of
any evidence to show the age of the deceased, the Tribunal has rightly
taken note of the age mentioned in Ex.P.2-Post-mortum Certificate and
fixed the age as 45 and following the judgment of Sarla Verma's case,
multiplier '14' was adopted. Accordingly, the loss of income of the
deceased at Rs.24,57,000/- (Rs.14,625/- x12 x 14 = 24,57,000/-) is just
and proper. Following the decision of the Pranay Sethi's case, the first
claimant/petitioner is the wife of the deceased is entitled to Rs.40,000/-
towards loss of consortium and the claimants 2 and 3 are entitled to
Rs.40,000/- each towards loss of love and affection. The Tribunal
awarded a sum of Rs.10,000/- each towards transportation and Funeral
expenses is on the lower side and hence, this Court has enhanced the
same at Rs.15,000/- each towards transportation and funeral expenses.
The Tribunal failed to award any amount towards loss of estate and this
Court has granted a sum of Rs.15,000/- under the said head. Accordingly,
the compensation arrived by this Court is summarised as under:
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C.M.A(MD)No.480 of 2018
S.No Description Awarded
. Amount awarded by by this
Tribunal This Court Court
1. Loss of Income Rs.24,57,000/- Rs.24,57,000/- Confirmed
2. Loss of consortium Rs.1,00,000/- Rs.40,000/- Modified
to the first
petitioner
3. Loss of love and Rs.1,25,000/- Rs.80,000/- Modified
affection to the
petitioners 2 and 3
4. For Transportation Rs.10,000/- Rs.15,000/- Enhanced
5. For loss of estate .. Rs.15,000/- granted
6. Funeral Expenses Rs.10,000/- Rs.15,000/- Enhanced
Rs.27,02,000/- Rs.26,22,000/- Reduced
Total Compensation (80% of the
modified
award)
9.Accordingly, the total compensation awarded by the Tribunal in
M.C.O.P.No.20 of 2016 is modified and the compensation is reduced
from Rs.27,02,000/- to Rs.26,22,000/-. The Transport Corporation is
directed to deposit 80% of the modified award amount of Rs.20,97,600/-,
less the award amount already deposited, if any, within a period of eight
weeks from the date of receipt of a copy of this judgment, along with
interest at the rate of 7.5% p.a., from the date of claim petition till the
date of realization. The first respondent is permitted to withdraw her
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C.M.A(MD)No.480 of 2018
share with accrued interests, as apportioned by the Tribunal. The
claimants 2 and 3 are minors. The share of the minors shall be kept in a
interest bearing Fixed Deposit in any of the nationalized bank, till they
attain majority. The first respondent, who is the guardian of minors, is
permitted to withdraw the interest from the deposit of the minors once in
three months and utlize the same for their welfare. The excess award
amount, if any, shall be refunded to the appellant/Transport Corporation.
10.This Civil Miscellaneous Appeal is allowed in part to the extent
as indicated above. No costs. Consequently, connected miscellaneous
petition is closed.
25.03.2022
Index:Yes/No
Internet:Yes/No
Ns
To
1.The Motor Accidents Claims Tribunal/
Chief Judicial Magistrate Court,
Tirunelveli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.480 of 2018
RMT.TEEKAA RAMAN.,J.
Ns
JUDGMENT MADE IN
C.M.A(MD)No.480 of 2018
and
C.M.P(MD)No.5691 of 2018
25.03.2022
https://www.mhc.tn.gov.in/judis
