Madras High Court
Sathiyavani vs The Managing Director on 28 August, 2023
C.M.A.No.1862 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
C.M.A.No.1862 of 2022
1.Sathiyavani
2.Rani ... Appellants
Versus
The Managing Director,
Metropolitan Transport Corporation,
Pallavan Salai, Chennai – 600 043. ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, against the judgment and decree dated 21.02.2023
passed in M.A.C.T.O.P.No.3006 of 2020, on the file of the Motor
Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.
For Appellants : Mr.K.Ayyadurai
For Respondent : Mr.M.Murali Vinodh
JUDGMENT
This appeal has been filed by the appellants/claimants challenging
the compensation awarded by the Tribunal in M.A.C.T.O.P.No.3006 of
2020, dated 21.02.2023.
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C.M.A.No.1862 of 2023
2.The claim petition was filed stating that on 19.10.2020 at about
22 hours, while the appellants' son was riding a motorcycle bearing
Regn.No.TN03 AB 4953, near Auxilium Matriculation Higher
Secondary School, Tiruvottiyur, Chennai, the bus bearing Regn No.TN
01 AN 2097 belonging to the respondent Corporation came in a rash and
negligent manner, rammed against the motorcycle; that due to the said
accident, the appellants' son sustained head injury and died on the spot;
that 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 driver of the
bus drove the same in a careful manner observing all traffic rules; that
the deceased rode the motorcycle in a rash and negligent manner without
wearing helmet and tried to over take the bus and thus caused the
accident and hence, the respondent was not liable to pay any
compensation to the appellants; that in any case, the compensation
claimed was excessive and prayed for dismissal of the claim petition.
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C.M.A.No.1862 of 2023
4.Before the Tribunal, the appellants examined two witnesses and
marked Ex.P.1 to Ex.P.12 on their side. On behalf of the respondent, one
witness was examined and no document was marked.
5.The Tribunal after considering the oral and documentary
evidence had held that the accident occurred due to the rash and
negligent driving by the driver of the bus belonging the respondent
Corporation and directed the respondent to pay a sum of Rs.16,22,000/-
as compensation to the appellants.
6.Aggrieved over the award passed by the Tribunal, the appellants
have filed the present appeal seeking for enhancement of compensation.
7.The learned counsel for the appellants submitted that though the
appellants had established that the deceased was working as Fork Lift
Operator and had license to drive heavy vehicle, the Tribunal had fixed a
meagre notional income of Rs.10,000/- per month. The learned counsel
also submitted that the compensation under the other conventional heads
have to be enhanced by 10% as per the decision of the Hon'ble Apex
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C.M.A.No.1862 of 2023
Court in National Ins. Co. vs. Pranay Sethi & others reported in 2017
(2) TNMAC 609 (SC) and prayed for allowing the appeal.
8.The learned counsel for the respondent per contra submitted that
the Tribunal had rightly fixed the monthly income of the deceased at
Rs.10,000/- when no evidence had been let in to prove the income or
avocation of the deceased; and hence, prayed for dismissal of the appeal.
9.The only question involved in the instant appeal is whether the
compensation awarded by the Tribunal is just and reasonable?
10.On perusal of the records, it is seen that the appellants have
marked Ex.P7 to prove that the deceased had driving license to drive
heavy vehicles. P.W.1-mother of the deceased had stated that the
deceased was working as Fork Lift Operator and earning a sum of
Rs.20,000/-plus Rs.1,000/- as daily batta. However, no documentary
evidence was filed by the appellants to corroborate P.W.1's deposition.
Considering the fact that the deceased had license for driving heavy
vehicles, year of accident and the age of the deceased, this Court is of the
view that it would be just and reasonable to fix the notional income of
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C.M.A.No.1862 of 2023
the deceased at Rs.16,000/- per month. The appellants are entitled to
40% enhancement towards future prospects and the multiplier applicable
is 18. Since the deceased was bachelor, after deducting 1/2 towards
personal expenses, the award under the head loss of income would be as
follows:
Rs.22,400/- (Rs.16,000/- + 40%) X 12 X 18 X 1/2 = Rs.24,19,200/-
Further, since the accident took place in the year 2020, the appellants are
entitled for 10% enhancement under the conventional heads. Thus, the
compensation awarded by the Tribunal under the heads loss of estate,
loss of consortium and funeral expenses are enhanced to Rs.16,500/-,
Rs.88,000/- and Rs.16,500/- respectively. It is well settled that the
Tribunal and the Courts have to award just compensation. Though the
claimants have claimed lesser compensation, the Courts have power to
grant just compensation more than the amount claimed by the claimants.
Thus, the compensation awarded by the Tribunal is modified as follows:
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C.M.A.No.1862 of 2023
S. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of Income 15,12,000 24,19,200 Enhanced
2. Loss of Estate 15,000 16,500 Enhanced
3. Loss of 80,000 88,000 Enhanced
Consortium
4. Funeral Expenses 15,000 16,500 Enhanced
Total 16,22,000 25,40,200 Enhanced by
Rs.9,18,200/-
11.With the above modification, this Civil Miscellaneous Appeal
is allowed and the compensation awarded by the Tribunal at
Rs.16,22,000/- is hereby enhanced to Rs.25,40,200/-, 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 six (6) weeks from the date of a
receipt of copy of this Judgment. On such deposit, the appellants are
permitted to withdraw the entire award amount now determined by this
Court equally, along with proportionate interest and costs, less the
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C.M.A.No.1862 of 2023
amount already withdrawn, if any. The appellants are directed to pay the
necessary Court fee, if any on the enhanced award amount. No costs.
28.08.2023
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Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To:
1.The Chief Judge,
The Motor Vehicle Accident Tribunal,
Court of Small Causes,
Chennai.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.1862 of 2023
SUNDER MOHAN, J.
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C.M.A.No.1862 of 2023
28.08.2023
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