Madras High Court
R.Maheswari vs The Managing Director on 17 August, 2023
C.M.A.No.272 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
C.M.A.No.272 of 2023
1.R.Maheswari
2.R.Prabhavathi ... Appellants
Versus
The Managing Director,
Metropolitan Transport Corporation (Chennai) Ltd.,
Pallavan Illam, Anna Salai,
Chennai-600 002. ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the judgment and decree dated 05.07.2019
passed in M.C.O.P.No.7757 of 2013, by the Motor Accident Claims
Tribunal, III Court of Small Causes, Chennai.
For Appellants : Mr.K.Malaikannu
For Respondent : Mr.K.Vinod
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C.M.A.No.272 of 2023
JUDGMENT
This appeal has been filed by the appellants/claimants challenging
the compensation awarded by the Tribunal in M.C.O.P. No.7757 of 2013,
dated 05.07.2019.
2.The claim petition was filed stating that on 29.10.2013 at about
21.30 hrs, when the deceased was standing at T.H. Road on the Southern
side of Vaidyanathan Street, a bus bearing Registration No.TN-01-AN-
0155 came in a rash and negligent manner, hit against the deceased and
caused the accident. Due to the said accident, the deceased – son of the
1st appellant sustained grievous injuries all over the body and died in the
hospital on 11.11.2013. Thus, the appellants are entitled for
compensation.
3.The respondent/Transport Corporation filed a counter denying all
the averments made in the claim petition and stated that the accident
occurred due to the careless and negligent act of the deceased who
crossed the road without minding the bus which was turning towards
right side. Hence, the respondent is not liable to pay compensation to the
appellants. In any case, the compensation claimed is excessive and
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C.M.A.No.272 of 2023
prayed for dismissal of the claim petition.
4.Before the Tribunal, the appellants/claimants examined three
witnesses as P.W.1 to P.W.3 and marked exhibits viz., Ex.P.1 to Ex.P.10
on their side. On behalf of the respondent/Transport Corporation, R.W.1
was examined and Ex.R1 was marked.
5.The Tribunal after considering the oral and documentary
evidence held that the accident occurred due to rash and negligent
driving by the driver of the bus belonging to the respondent and hence,
directed the respondent to pay a sum of Rs.10,52,400/- as compensation
to the appellants.
6.Aggrieved over the award passed by the Tribunal, the
appellants/claimants filed the present appeal seeking for enhancement of
compensation.
7.Learned counsel for the appellants/claimants submitted that the
compensation awarded by the Tribunal is meagre. Though the appellants
have examined PW3-employer of the deceased, who had stated that the
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C.M.A.No.272 of 2023
deceased was earning Rs.12,000/- per month, the Tribunal erroneously
fixed a meagre notional income at Rs.6,500/- per month and hence, the
Tribunal ought to have accepted the evidence of PW3 as regards the
monthly income. Hence prayed for enhancement of compensation.
8.Learned counsel for the respondent/Transport Corporation, per
contra, submitted that though PW3 was examined on the side of the
appellants, the said witness had admitted in his cross examination that he
did not maintain any particulars of the deceased and proof for the
payment of salary; that PW3 also had not submitted Income Tax returns;
that the appellant also had not filed the appointment letter of the
deceased said to have issued by PW3. In such circumstances, the learned
counsel submitted that the notional income fixed by the Tribunal is just
and reasonable and hence prayed for dismissal of the appeal.
9.The only question involved in the present appeal is whether the
compensation awarded by the Tribunal is just and reasonable.
10.On perusal of records, this Court finds that PW1-mother of the
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C.M.A.No.272 of 2023
deceased and PW3-employer of the deceased, who were examined on the
side of the appellants have stated that the deceased was working as
salesman in a Jewellery shop by name "Sri Ganesh Jewellers" and
drawing a monthly salary of Rs.12,000/-. However the Tribunal rightly
found that PW3 had not maintained the employees' particulars and any
accounts book to substantiate his version evidencing the payment of
salary to the deceased. Hence, the income has not been established by
acceptable evidence. Therefore, this Court is of the view that only a
notional income can be fixed. Considering the job, age of the deceased
and year of accident, this Court feels that it would be just and reasonable
to fix a notional income of Rs.10,000/- per month to the deceased. The
deceased was aged 24 years at the time of accident. By applying
multiplier 17, granting 40% enhancement towards future prospects and
after deducting 50% towards personal expenses, the loss of dependency
is calculated as follows:
Rs.14,000 (Rs.10,000 + 40%) X 12 X 17 X 1/2 = Rs.14,28,000/-
The amount awarded by the Tribunal under other heads is just and
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C.M.A.No.272 of 2023
reasonable and hence, the same are confirmed Thus, the compensation
awarded by the Tribunal is modified as follows:
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of 9,28,200 14,28,000 Enhanced
dependency
2. Loss of Love and 80,000 80,000 Confirmed
Affection
3. Loss of Estate 15,000 15,000 Confirmed
4. Transport 10,000 10,000 Confirmed
Expenditure
5. Funeral Expenses 15,000 15,000 Confirmed
6. Attender Charges 4,200 4,200 Confirmed
Total 10,52,400 15,52,200 Enhanced by
Rs.4,99,800/-
11.With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.10,52,400/- is hereby enhanced to Rs.15,52,200/- together with
interest at 7.5% per annum (excluding the default period, if any) from the
date of petition till the date of deposit. The respondent/Transport
Corporation is directed to deposit the award amount now determined by
this Court along with interest and costs, less the amount already
deposited, if any, within a period of four (4) weeks from the date of a
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C.M.A.No.272 of 2023
receipt of copy of this Judgment. On such deposit the appellants are
permitted to withdraw their respective shares on basis of the
apportionment fixed by the Tribunal along with proportionate interest
and costs, less the amount if any, already withdrawn. The appellants are
directed to pay the necessary Court fee, if any on the enhanced award
amount. No costs.
17.08.2023
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Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To:
1.The III Court of Small Causes,
The Motor Vehicle Accident Tribunal,
Chennai.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.272 of 2023
SUNDER MOHAN, J.
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C.M.A.No.272 of 2023
17.08.2023
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