Madras High Court

Manjula vs The Managing Director on 18 August, 2023

                                                                                 CMA No. 1071 / 2023

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 18.08.2023

                                                         CORAM :

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                         Civil Miscellaneous Appeal No. 1071 of 2023
                     1.Manjula
                     2.Ajith kumar
                     3.Minor Gowarthan
                     4.Minor Nanthakumar
                     5.Gokila

                     (Minors 3 and 4 rep. by their guardian, next
                     friend, mother manjula - 1st appellant)                           ... Appellants

                                                           Versus

                     The Managing Director,
                     TNSTC Ltd., Villupuram Division,
                     No.3/137, Salamedu, Valuthareddy and Post,
                     Villupuram TK, Pin – 603305.                            ... Respondent

                     PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
                     Motor Vehicles Act, 1988 against the Judgment and Decree dated
                     01.11.2022 made in M.C.O.P. No. 1257 of 2017 on the file of the Motor
                     Accident Claims Tribunal / (Special Sub Judge No.1 to deal with MCOP
                     cases, Small causes Court, Chennai).

                                  For Appellants      : Ms. Ramya V. Rao


https://www.mhc.tn.gov.in/judis
                     1/8
                                                                                   CMA No. 1071 / 2023

                                  For Respondent       : Mr. S. Santhosakumar.

                                              JUDGMENT

The appeal has been filed by the appellants challenging the award

passed by the Tribunal in M.C.O.P. No. 1257 of 2017 dated 01.11.2022.

2.The appellants had filed a claim petition before the Tribunal

stating that on 04.02.2017 at about 19.00 hrs, the deceased was riding his

motor cycle bearing Registration No. PY-01-AG-7662 along with his

wife / first appellant as pillion rider in ECR road, Katthankadai Junction

and when it turned to the right side, a TNSTC bus bearing Registration

No. TN 32 N 4162 which was coming from Chennai towards

Pondicherry, driven by its driver in a rash and negligent manner, hit the

motor cycle as a result of which the deceased sustained severe injuries

and died on the spot and the first appellant also sustained multiple

injuries all over her body.

3.The respondent filed a counter denying all the averments made in

the claim petition stating that the accident occurred due to the negligence

of the deceased; that the deceased proceeded from the service road to

main road in the national highways without noticing the ongoing vehicles

https://www.mhc.tn.gov.in/judis

CMA No. 1071 / 2023

and thus caused the accident; that the deceased did not wear helmet and

did not possess valid driving license at the time of the accident; that the

petition is bad for non-joinder of the necessary parties; and that in any

case, the compensation claimed was excessive and prayed for dismissal

of the claim petition.

4.The appellants examined two witnesses as PW1 & PW2 on their

side and marked Ex.P.1 to Ex.P.20. On the side of the respondent, RW1

was examined and no exhibit was marked.

5.The Tribunal after considering the oral and documentary

evidence found that the accident occurred due to the negligence of the

driver of the TNSTC bus; that since the bus has not been insured with

any insurance company and the respondent being the owner of the bus is

liable to pay compensation and hence, directed the respondent to pay a

sum of Rs.18,83,800/- as compensation to the appellants. Aggrieved by

the said award, the appellants have preferred the instant appeal.

6.The learned counsel for the appellant submitted that the award of

the Tribunal is meagre; that the Tribunal had fixed the notional income https://www.mhc.tn.gov.in/judis

CMA No. 1071 / 2023

of the deceased at Rs.10,500 per month; that considering the avocation of

the deceased and the year of the accident, the Tribunal ought to have

fixed a higher notional income as the deceased was a boat driver cum

fisher man and prayed for enhancement of compensation.

7.The learned counsel for the respondent, per contra, submitted

that except for stating that the deceased was working as a boat rider and

fisherman, no proof has been produced to prove the income earned by

him. Therefore, the Tribunal was justified in awarding the compensation

by fixing the notional income at Rs.10,500/- per month. Hence, he

prayed for dismissal of the appeal.

8.The only question involved in the appeal is whether the

compensation awarded by the Tribunal is just and reasonable.

9. Though the appellants had established that the deceased was a

fisherman and was also a boat rider, from the materials on record, it is

seen that the Tribunal had fixed the notional income at Rs.10,500/-. The

appellants had marked Ex.P.7 and Ex.P.8, copy of the fisherman identity

card and copy of the fisherman membership card separately. Thus, the https://www.mhc.tn.gov.in/judis

CMA No. 1071 / 2023

avocation of the deceased has been established by the appellants.

However, they have not produced any evidence to prove the income of

the deceased. Considering the avocation of the deceased, the age and the

year of the accident, this Court is of the view that it would be just and

reasonable to fix the notional income at Rs.15,000/- per month. The

deceased was aged 43 years at the time of the accident. Hence, the

appellants are entitled to 25% enhancement towards future prospects and

the multiplier applicable is 14. Since there are four dependents, ¼ has to

be deducted towards personal expenses. Thus, the loss of income would

be Rs.15,000 + Rs.3,750 (25% of Rs.15,000) = Rs.18,750/- X 12 X 14 X

¾ = Rs.23,62,500/-. The award under the other heads are just and

reasonable and the same are confirmed. Thus, the award of 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 dependancy           16,53,750    23,62,500    Enhanced
                         2.       Funeral Expenses                15,000       15,000   Confirmed
                         3.       Loss of consortium            2,00,000     2,00,000   Confirmed
                         4.       Loss of estate                  15,000       15,000   Confirmed
                                  Total                         18,83,750   25,92,500 Enhanced by
                                                              rounded off             Rs.7,08,700/-

https://www.mhc.tn.gov.in/judis

                                                                              CMA No. 1071 / 2023


                                                      to 18,83,800

10. With the above modification, this Civil Miscellaneous

Appeal is partly allowed and the compensation awarded by the Tribunal

at Rs.18,83,800/- is hereby enhanced to Rs.25,92,500/- 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 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 eight (8) weeks from the date of a receipt of copy of this

Judgment. On such deposit, the first appellant is permitted to withdraw a

sum of Rs.12,00,000/-, the second appellant is permitted to withdraw a

sum of Rs.4,00,000/- and the fifth appellant is permitted to withdraw a

sum of Rs.1,92,500/- along with proportionate interest and costs, less the