Madras High Court
Madhu vs The Managing Director on 1 August, 2023
C.M.A.No.1550 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.1550 of 2023
1.Madhu
2.Madhammal
3.Sanjeevan ... Appellants
Vs
The Managing Director,
Tamil Nadu State Transport Corporation Salem Limited,
No.12, Ramakrishna Road,
Salem. ... Respondent
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, to enhance the compensation amount made in judgment
and decree dated 17.12.2020 in M.C.O.P.No.1185 of 2019 on the file of the
Motor Accident Claims Tribunal, Special District Judge, Krishnagiri.
For Appellants : Mr.S.P.Yuaraj
For Respondent : Mr.D.Nitin
1/8
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C.M.A.No.1550 of 2023
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellant
challenging the quantum of compensation granted by the Tribunal in the
award dated 17.12.2020, made in M.C.O.P. No.1185 of 2019 on the file of
the Motor Accident Claims Tribunal Special District Judge, Krishnagiri.
2. The appellants filed M.C.O.P. No.1185 of 2019 on the file of
the Motor Accident Claims Tribunal Special District Judge, Krishnagiri
claiming a sum of Rs.30,00,000/- as compensation for the death of one
Venkatesan, who died in the accident that took place on 03.04.2016.
3. According to the appellants, on 03.04.2016 at about 12.10
hours, while the deceased Venkatesan was standing in bus stop on the left
side of the road, at Basavanan Kovil in Krishnagiri to Sinthagampalli road,
the driver of the TNSTC Town Bus bearing Registration No. TN-29-N-1726
belonging to the respondent, drove the same in a rash and negligent manner
from Krishnagiri side towards Chinthagampalli, dashed the deceased and
ran over him resulting in his death.
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C.M.A.No.1550 of 2023
4. The respondent filed counter statement denying all the
averments made by the appellants in the claim petition. The respondent had
stated that when the bus was moving slowly from the Basavannakoil bus
stop, the deceased crossed the road suddenly from right side to left side in
front of the moving bus, due to which, the left side corner of the bus hit
against the deceased, due to which he succumbed to injuries; that the
accident occurred only due to the negligent act of the deceased; that the
respondent is not liable to pay compensation to the appellants; and that the
total compensation claimed by the appellants is excessive and prayed for
dismissal of the claim petition.
5. The 2nd appellant examined herself as PW1 and one Rajendiran,
eye-witness to the accident was examined as PW2. Nine documents were
marked as Ex.P.1 to Ex.P.9. The driver of the bus was examined as R.W.1
but no document was marked on the side of the respondent.
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C.M.A.No.1550 of 2023
6. The Tribunal after considering the evidence and documents
filed on the side of the appellants, held that the accident occurred due to
rash and negligent driving by the driver of the bus and directed the
respondent to pay a sum of Rs.13,20,000/- as compensation to the
appellants.
7. Aggrieved by the said order, the appellants have preferred the
present appeal seeking enhancement of compensation.
8. The learned counsel for the appellant submitted that the
Tribunal had fixed a very meagre notional income for the deceased for the
accident which took place in the year 2016; that in similar circumstances,
this Court had fixed higher notional income, as the daily wages of coolie
had substantially increased; and that the Tribunal had not awarded any
compensation towards transport charges and prayed for allowing the appeal.
9. The learned counsel for the respondent per contra submitted
that the appellants have not produced any proof for the income of the
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C.M.A.No.1550 of 2023
deceased; that in such circumstances, the notional income fixed by the
Tribunal is just and reasonable; and prayed for dismissal of the appeal.
10. The only question involved in the instant appeal is-
Whether the compensation awarded by the Tribunal
is just and reasonable?
11. On perusal of the records, it is seen that the appellants have
established through the evidence of P.W.1 that the deceased was working as
a Coolie in a brick kiln. Considering the age of the deceased, his avocation
and the cost inflation index, this Court is of the view that it would be
reasonable to fix the notional monthly income as Rs.12,000/-. As per
postmortem certificate, the deceased was 50 years. Hence, the multiplier
applicable is '13' and the appellants are entitled to 25% towards future
prospects. Hence, the loss of dependency is calculated as follows:-
Rs.12,000/-+3,000(12,000x25%)x12x13x2/3 = Rs.15,60,000/-.
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C.M.A.No.1550 of 2023
12. The compensation awarded by the Tribunal under other heads
are just and reasonable and hence, the same are confirmed. Thus, the
compensation awarded by the Tribunal is enhanced from Rs.13,20,000/- to
Rs.17,10,000/-, break-up as follows -
Sl. Description Amount Amount Award
No awarded by awarded by confirmed or
Tribunal this Court enhanced or
(Rs) (Rs) granted
1. Loss of dependency 11,70,000/- 15,60,000/- Enhanced
2. Loss of estate 15,000/- 15,000/- Confirmed
3. Funeral expenses 15,000/- 15,000/- Confirmed
4. Loss of consortium 1,20,000/- 1,20,000/- Confirmed
Total 13,20,000/- 17,10,000/- Enhanced
by
Rs.3,90,000/-
13. With the above modification, this Civil Miscellaneous Appeal
is partly allowed and the compensation awarded by the Tribunal at
Rs.13,20,000/- is hereby enhanced to Rs.17,10,000/- together with interest
at 7.5% per annum from the date of petition till the date of deposit. It is
made clear that the appellants are not entitled for any interest for the delay
period on the amount of Rs.3,90,000/- enhanced by this Court as per the
order of this Court dated 30.06.2023 made in C.M.P.No.7132 of 2023 in
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C.M.A.No.1550 of 2023
C.M.A.SR.No.40460 of 2023. 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 six (6) weeks
from the date of a receipt of copy of this Judgment. On such deposit, the
appellants are permitted to withdraw their share of the award amount along
with proportionate interest and costs, less the amount if any, already
withdrawn, on the basis of apportionment fixed by the Tribunal. The
appellants are directed to pay the necessary Court Fee, if any, on the
enhanced award amount. No costs.
01.08.2023
Index: Yes/No
Neutral Citation: Yes/No
AT
To
1.The Motor Accident Claims Tribunal,
Special District Judge, Krishnagiri.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.No.1550 of 2023
SUNDER MOHAN, J.
AT
C.M.A.No.1550 of 2023
01.08.2023
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