Madras High Court
Noor Nisha vs The Tamil Nadu State Transport ... on 24 April, 2023
2023/MHC/2128
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A(MD)No.101 of 2023
1.Noor Nisha
2.Asanammal
3.Syed Ali
4.Minor Reema
(Minor fourth appeallant represented through her mother and next
guardian, the first appellant herein Noor Nisha)
:Appellants/Petitioners
.vs.
The Tamil Nadu State Transport Corporation Limited,
through its Managing Director,
Office at Bypass Road,
Madurai. :Respondent/Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act against the judgment and decree made in
M.C.O.P.No.269 of 2016, dated 5.8.2019, on the file of the Motor
Accidents Claims Tribunal(Special Sub Judge), Tirunelveli.
For Appellants :Mr.T.Selvakumaran
For Respondent :Mr.K.A.Thirumalaiappan
1/9
https://www.mhc.tn.gov.in/judis
JUDGMENT
*************
Unsatisfied with the quantum of compensation arrived at by
the Tribunal, the present Civil Miscellaneous Appeal came to be
filed by the claimants/appellants seeking enhancement of
compensation.
2.The facts leading to the filing of the appeal is as follows:
The deceased was aged 24 years at the time of accident and
driver by profession and AC Mechanic and earning a sum of Rs.
20,000/-p.m. On 10.12.2015, at about 3.00 a.m., while the deceased
was driving a car bearing Registration No. TN 72 BA 8397 from
Nagercoil to Tirunelveli along with one Maharaja Sankaran and at
that time, the bus belonging to the respondent Transport
Corporation bearing Registration No. TN 58 N 1830 coming from
the opposite direction, was driven by its driver in a rash and
negligent manner and in a high speed and dashed against the car,
in which the deceased was travelling and the deceased sustained
injuries and rushed to the hospital and admitted as inpatient from
10.12.2015 to 15.12.2015 and ultimately he died on 21.12.2015. A
crime was registered against the offending vehicle driver. Hence
the compensation has been claimed.
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3.It is the case of the respondent that bus was driven by its
driver in a cautious manner and the accident had happended only
due to the rash and negligent driving of the driver of the car and
opposed the claim.
4.Before the Tribunal, on the side of the Petitioners, P.W.1 and
P.W.2 were marked and Ex.P1 to ExP14 were marked. On the side
of the respondent, R.W.1 was examined and no document was
marked.
5.The Tribunal after considering the evidence of P.W.1 and
P.W.2, held that the driver of the offending vehicle was negligent in
driving the bus and caused the accident and considering the other
aspects, the Tribunal awarded a sum of Rs.22,77,200,- as tabulated
below:
1.For loss of income - Rs.20,41,200
2.For loss of consortium -Rs.40,000/-
3.For loss of estate -Rs.15,000/-
4.For funeral expenses -Rs.15,000/-
5.for medical expenses -Rs.1,66,000/-
----------------------
total -Rs.22,77,200/-
----------------------
6.It is the contention of the learned counsel for the
appellants that the Tribunal has fixed the notional income at Rs.
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9,000/-p.m.,which is very low. The deceased was aged 24 years
which has been estalished in the manner known to law. According
to him, he has a valid driving licence at the time of accident and
Ex.P4 Certificate to prove that he is an AC Mechanic and the
Tribunal ought to have fixed the notional income at Rs.15,000/-
p.m.,whereas, the learned counsel for the respondent would
submit that as there is no evidence for salary, the Tribunal has
rightly fixed the notional income at Rs.9,000/-p.m., and the same is
just and reasonable.
7.In the light of the above facts, the points that arose for
consideration in this appeal is as follows:
Whether the compensation awarded by the Tribunal is just
and reasonable and whether it requires enhancement?
8.The deceased is aged 24 years at the time of accident,
which is not disputed. It is the contention of the appellants that the
deceased is having a valid driving licence and an AC Mechanic and
earning a sum of Rs.20,000/- per month. However, the Tribunal,
without any evidence to prove the same, fixed Rs.9,000/-p.m as
notional income. It is relevant to note that being an AC mechanic,
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which has been established by Ex.P10, that apart, the deceased is
also having a driving licence. If the deceased engaged in such
work, certainly he would earn more amount. Even applying the
Minimum Wages Act, he will be entitled to more than Rs.12,000/-
p.m. Considering the fact that the accident took place in the year
2015 and that the deceased was aged 24 years at the time of
accident, in order to award a just and reasonable compensation,
the notional income has to be fixed at Rs.12,000/-p.m and
accordingly, this Court fixed the notional income at Rs.12,000/-
p.m., and after adding 40% of income towards future prospects, the
income comes to Rs.16,800/- and after deducting 1/4th towards the
personal income of the deceased, the monthly income comes to Rs.
12,600/- and thus the loss of income is Rs.12,600/-x12x18 = Rs.
27,21,600/-.The other conventionl heads of loss of consortium at
Rs.40,000/-, loss of estate at Rs.15,000/-, for funeral expenses at
Rs.15,000/- and for medical expenses at Rs.1,66,000/- stands
confirmed. Thus the total compensation payable to the claimants is
arrived at Rs.Rs.29,57,600/- which is tabulated as follows:
S.No Name of the Awarded by Awarded by Remarks
heads the Tribunal this Court
1 For loss of inome Rs. Rs27,21,600 enhanced
20,41,200 /-
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2 For loss of Rs.40,000/- Rs.40,000/- same
consortium
3 For loss of estate Rs.15,000/- Rs.15,000/- same
4. For funeral Rs.15,000/- Rs.15,000/- Same
expenses
5 For medical Rs. Rs. Same
expenses 1,66,000/- 1,66,000/-
6 Total Rs. Rs. enhanced
22,77,200/- 29,57,600/-
with interest at the rate of 7.5% pa., from the date of claim petition
till the date of realization.
9.In the result, the Civil Miscellaneous Appeal is partly
allowed enhancing the compensation from Rs.22,77,200/- to Rs.
29,57,600/- with interest at the rate of 7.5%p.a., from the date of
claim petition till the date of realization. The respondent Transport
Corporation is directed to deposit the enhanced award amount with
accrued interest and costs, less the award amount, if any already
deposited, within a period of four weeks from the date of receipt of
a copy of this order. On such deposit being made, the first
claimant/wife is entitled to a sum of Rs.13 lakhs and fourth
claimant/minor child is entitled to a sum of Rs.15 lakhs and
second and third claimants/parents are totally entitled to a sum of
Rs.,1,57,600/- with proportionate accrued interest and costs and
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the major claimants 1 to 3 are permitted to withdraw their
respective shares in the award amount by filing necessary
application of the Tribunal. The Tribunal is directed to deposit the
share of the minor fourth appellant/claimant,in an interest bearing
fixed deposit, in any one of the nationalized bank, initially for a
period of three years, renewable thereafter, till the minor attains
majority. The first appellant/mother and guardian of the minor
fourth claimant/appellant is permitted to withdraw interest from
the said deposit, once in three months, directly from the bank and
utilize the same for the welfare of the child. The
appellants/claimants are directed to pay the excess Court fee
towards the enhanced award amount, as ordered by this Court.
Only on such deposit being made, Registry is directed to draft the
decree in this appeal. No costs.
24.04.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
To
1.The Motor Accidents Claims Tribunal,
(Special Sub-Judge),
Tirunelveli.
https://www.mhc.tn.gov.in/judis
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR.,J.
vsn
JUDGMENT MADE IN
C.M.A(MD)No.101 of 2023
24.04.2023
https://www.mhc.tn.gov.in/judis
