The Managing Director vs M.Dhanalakshmi
2022 Latest Caselaw 17146 Mad

Citation : 2022 Latest Caselaw 17146 Mad
Judgement Date : 2 November, 2022

Madras High Court

The Managing Director vs M.Dhanalakshmi on 2 November, 2022

                                                                              C.M.A.No.2353 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 02.11.2022

                                                       CORAM:

                                     THE HONOURABLE Ms. JUSTICE P.T.ASHA

                                               C.M.A.No.2353 of 2022
                                                        and
                                               C.M.P.No.18346 of 2022

                  The Managing Director,
                  Tamil Nadu State Transport Corporation,
                  Villupuram Division - I.                                      ... Appellant

                                                           vs.
                  1.M.Dhanalakshmi

                  2.M.Hemanathan (Minor)

                  3.M.Devika (Minor)
                  (Minors are Rep. by mother 1st respondent).                  ... Respondents

                  PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the

                  Motor Vehicles Act, against the Judgment and Decree dated 15.12.2020

                  made in M.C.O.P.No.4692 of 2016 on the file of the Motor Accident Claims

                  Tribunal, IV Court of Small Causes, Chennai.

                                    For Appellant       : Mr.K.J.Sivakumar
                                    For Respondents     : Mr.K.Varadhakamaraj [R1]
                                                          R2 & R3 – Minors represented by R1.




                  1/6
https://www.mhc.tn.gov.in/judis
                                                                               C.M.A.No.2353 of 2022

                                                    JUDGMENT

The Tribunal has filed the above appeal challenging the order passed

by the Motor Accident Claims Tribunal, IV Court of Small Causes,

Chennai in M.C.O.P.No.4692 of 2016, on the ground that the quantum of

compensation granted is excessive.

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

for the respondents.

3. When the matter came up for admission today, the learned counsel

for the claimant is also present. After hearing the arguments of both the

counsel it is noticed that the Tribunal has granted a sum of Rs.3,00,000/-

(Rs.1,00,000/- each of the petitioners) under the head of Love and

Affection. This amount is excessive and the same has to be reduced to a

sum of Rs.1,20,000/-. The amounts granted under the other heads appears

to be reasonable and does not require any interference. Therefore, the

Compensation awarded by the Tribunal is reworked as below:

https://www.mhc.tn.gov.in/judis C.M.A.No.2353 of 2022

S.No. Description Amount Amount Award awarded by awarded by confirmed Tribunal this Court or enhanced or granted or reduced 1 Pecuniary Loss Rs.11,61,996/- Rs.11,61,996/- Confirmed 2 Loss of Estate Rs. 15,000/- Rs. 15,000/- Confirmed 3 Funeral Expenses Rs. 15,000/- Rs. 15,000/- Confirmed 4 Loss of Love Rs. 3,00,000/- Rs. 1,20,000/- Reduced & Affection including Consortium TOTAL Rs.14,91,996/- Rs.13,11,996/-

4. In the result, this Civil Miscellaneous Appeal is partly allowed and

the compensation of Rs.14,91,996/- awarded by the Tribunal is hereby

reduced to a sum of Rs.13,11,996/-. Therefore, the Appellant / Transport

Corporation is directed to deposit the modified award amount now

determined by this Court to the credit of M.C.O.P.No.4692 of 2016 on the

file of the Motor Accident Claims Tribunal, IV Court of Small Causes,

Chennai, together with interest @ 7.5% per annum from the date of claim

petition till the date of deposit and costs, less, the amount, if any already

deposited, within a period of four weeks from the date of receipt of a copy

of this Judgement. On such deposit being made, the claimants are permitted

https://www.mhc.tn.gov.in/judis C.M.A.No.2353 of 2022

to withdraw the amount now determined by this Court, as apportioned by