Madras High Court
Anushya vs The Managing Director on 8 September, 2022
C.M.A.No.1556 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2022
CORAM:
THE HONOURABLE Ms.JUSTICE P.T.ASHA
C.M.A.No.1556 of 2013
1.Anushya
2.Vasudevan ... Appellant
vs.
1.The Managing Director,
Tamilnadu State Express Transport Corporation Ltd.,
Chennai.
2.Palaniyandi Mudhaliyar
3.The Divisional Manager,
United India Insurance Co. Limited,
No.46, Katpadi Salai,
Vellore. ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the Judgment and Decree dated 31.01.2007 and
made in M.A.C.T.O.P.No.649 of 2004 on the the file of the Motor Accident
Claims Tribunal, District Court, Tiruvannamalai.
For Appellant : Mr.F.Terry Chellaraja
For Respondents : Mr.K.Kathiresan [R1]
R2 - Died
Mr.P.Sankaranarayanan [R3]
1/8
https://www.mhc.tn.gov.in/judis
C.M.A.No.1556 of 2013
JUDGMENT
The claimants are the parents of one Devarajan, who had died
consequent to a road accident that took place on 18.03.2000. The said
Devarajan was aged about 16 years at the time of his death. He was working
as a loadman in the second respondent's tractor trailer, which is insured with
the third respondent-Insurance Company. He was earning a monthly income
of Rs.5,000/-. The said Devarajan had sustained grievous head injuries and
he had been an inpatient for over 3 months and even thereafter, though he
was discharged, he had to go back frequently for his check up and
ultimately, he succumbed to his injuries on 21.11.2001. The death was
directly relatable to the injuries sustained by him.
2. The first respondent-Transport Corporation had filed a counter
denying the accident and negligence on their part and stated that the accident
had occurred only on account of the rash and negligent driving of the driver
of the tractor.
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C.M.A.No.1556 of 2013
3. The second owner of the tractor trailer had filed a counter
stating that the vehicle was insured with the third respondent and that the
accident had occurred not on account of any negligence on the part of his
driver but on the part of the driver of the first respondent's bus.
4. The third respondent-Insurance Company had also filed a
counter more or less on the same lines as that of the second respondent.
5. Ultimately, the Tribunal by its Award dated 31.01.2007 had
fastened the liability entirely on the first respondent and ultimately, awarded
a compensation of a sum of Rs.2,25,000/- by adopting a notional income of
Rs.15,000/- to which, a multiplier of 15 as per the second schedule to the
Motor Vehicles Act had been calculated.
6. The parents are aggrieved by this inadequate compensation that
has been granted by the Tribunal.
7. Heard the learned counsel on either side and perused the
materials available on record.
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C.M.A.No.1556 of 2013
8. The second respondent has admitted that the deceased
Devarajan was employed as a loadman in his tractor trailer. Though he was
aged about 16 years, the deceased was employed and earning a monthly
income. Although the proof of income has not been produced a notional
income of Rs.3,000/- can be safely adopted taking into account the year of
the accident, i.e. 2000, to this future prospects of 40% has to be added.
Therefore, the monthly income would work out to a sum of Rs.4,200/-, out
of this, 50% has to be deducted towards personal expenses and therefore, the
contribution to the family would be a sum of Rs.2,100/- per month.
Considering the age of the deceased, the appropriate multiplier to be adopted
is 18. Therefore, under the head of loss of dependency, the amount would
be a sum of Rs.4,53,600/- [Rs.2,100 x 12 x 18). Since the petitioners are
the parents of the deceased, they are entitled to compensation under the head
of loss of love and affection at Rs.40,000/- each and further, the
conventional expenses of Rs.15,000/- under the heads of funeral expenses
and loss of estate has to be granted. Therefore, the award is enhanced by a
sum of Rs.3,38,000/-. Therefore, the Compensation awarded by the Tribunal
is reworked as below:
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C.M.A.No.1556 of 2013
S.No. Description Amount Amount awarded by Award
awarded by this Court confirmed
the Tribunal or
enhanced
or granted
or reduced
1 Loss of Rs.2,25,000 Rs.4,53,600 Enhanced
Dependency (Rs.15,000x15) (Rs.2,100x12 x 18)
2 Loss of Love - Rs.80,000/- Granted
and Affection
payable to the
parents
(Rs.40,000/-
each)
4 Funeral - Rs.15,000/- Granted
Expenses
5 Loss of - Rs.15,000/- Granted
Estate
TOTAL Rs.2,25,000/- Rs.5,63,300/- Enhanced
9. In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation of Rs.2,25,000/- awarded by the Tribunal is hereby
enhanced to a sum of Rs.5,63,300/-. Therefore, the third respondent herein
/ Insurance Company is directed to deposit the enhanced amount of
Rs.5,63,300/- to the credit of M.C.O.P.No.649 of 2004 on the file of the
Motor Accident Claims Tribunal, Tiruvannamalai together with interest @
7.5% per annum from the date of claim petition till the date of deposit and
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C.M.A.No.1556 of 2013
costs, less, the amount, if any already deposited, within a period of six weeks
from the date of receipt of a copy of this Judgement. The said amount shall
be apportioned amongst the claimants as per the Award of the Tribunal. The
appeal was filed with a delay of 1566 days and the same was allowed by this
Court on 08.04.2013 in M.P.No.1 of 2011 on condition that the claimants
would not be entitled to interest for the said period. On such deposit being
made, the claimants are permitted to withdraw the enhanced award amount
along with proportionate interest except for the delayed period of 1566 days
and costs, after adjusting the amount, if any already withdrawn, by filing
necessary application before the Tribunal. The claimants are directed to pay
the Court fee for the enhanced compensation amount, if required. The
Tribunal below shall not disburse the enhanced amount till such time as the
certified copy showing proof of payment of Court fee has been produced by
the claimants. In other respects, the Award of the Tribunal is hereby
confirmed. No costs.
08.09.2022
Index : Yes / No
Speaking Order : Yes / No
srn
https://www.mhc.tn.gov.in/judis
C.M.A.No.1556 of 2013
To
1. The Motor Accident Claims Tribunal,
District Court,
Tiruvannamalai.
2. The Section Officer,
V.R.Section,
High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.1556 of 2013
P.T.ASHA, J.,
srn
C.M.A.No.1556 of 2013
08.09.2022
https://www.mhc.tn.gov.in/judis
