Madras High Court
D.Jayanthi vs The Managing Director on 3 August, 2023
C.M.A. No.1514 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2023
CORAM :
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.1514 of 2023
1.D.Jayanthi
2.Minor D.Divya Dharshini
(rep by his mother, Natural guardian and
N.F.Jayanthi 1st Appellant herein)
3.Papathi ...Appellants/Petitioners
Vs.
The Managing Director
Tamil Nadu Transport Corporation (VPM) Ltd.,
Kanchipuram – 631 502. ...Respondents/Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the Judgment and Decree in M.C.O.P.No.2718 of
2018 dated 14.12.2021 on the file of the Motor Accident Claims
Tribunal/(Special Sub Judge No.2, Chennai)
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C.M.A. No.1514 of 2023
For Appellants : M/s.Ramya V. Rao
For Respondent : Mr.S.S.Santhosakumar
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellants
challenging the quantum of compensation granted by the Tribunal in the
award dated 14.12.2021 made in M.C.O.P.No.2718 of 2018 on the file of the
Motor Accident Claims Tribunal/ Special Judge No.2, Court of Small Causes,
Chennai.
2.The appellants filed M.C.O.P. No.2718 of 2018 on the file of the the
Motor Accident Claims Tribunal/ Special Judge No.2, Court of Small Causes,
Chennai, claiming a sum of Rs.40,00,000/- as compensation for the death of
one Dhanasekaran, who died in the accident that took place on 01.03.2018.
3. According to the appellants, on 01.03.2018 at about 08.35 hours,
when the deceased Dhanasekaran as a pedestrian was crossing at
Chengalpattu to Tambaram National Highway, proceeding from West to East,
the driver of the bus bearing Regn.No.TN 21 N 1319 belonging to the
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C.M.A. No.1514 of 2023
respondent drove the same in a rash and negligent manner endangering public
safety, coming from Chengalpattu to Tambaram direction, hit the said
Dhanasekaran and caused the accident. In the above said accident, the said
Dhanasekaran sustained grievous injuries all over the body and died on the
spot. Hence, the appellants filed claim petition claiming compensation
against the respondent.
4. The respondent filed counter statement denying all the averments
made by the appellants in the claim petition. According to the respondent, the
driver of the bus drove the same with due care and caution observing traffic
rules. At about 08.45 hours, the bus was nearing Vidhyala School in
Urapakkam, the deceased person suddenly crossed the road and invited the
accident. Hence, the respondent is not liable to pay compensation to the
appellants. The total compensation claimed by the appellants is excessive
and prayed for dismissal of the claim petition.
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C.M.A. No.1514 of 2023
5. Before the Tribunal, the 1st appellant examined herself as PW1 and
one Nehru, eye-witness to the accident was examined as PW2. Eight
documents were marked as Exs.P.1 to Exs.P.8. Neither documents were
marked nor witnesses were examined on the side of the respondent.
6. The Tribunal after considering the evidence and documents filed on
the side of the appellants held that the accident occurred due to the rash and
negligent driving by the driver of the bus belonging to the respondent and
directed the respondent to pay a sum of Rs.19,98,000/- as compensation to
the appellants.
7.Aggrieved by the said order, the appellants have preferred the present
appeal seeking enhancement of compensation.
8. M/s.Ramya V.Rao, the learned counsel for the appellants submitted
that the award of compensation by the Tribunal is meagre inasmuch as the
notional income taken by the Tribunal as Rs.11,000/- is erroneous; that the
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C.M.A. No.1514 of 2023
accident took place in the year 2018, the appellants have established that the
deceased was working as a vegetable merchant; and that the Tribunal ought to
have fixed higher notional income. The learned counsel fairly submitted that
the award of the compensation under the other heads are just and reasonable
and prayed for allowing the appeal.
9. Mr.S.S.Santhosakumar, the learned counsel for the respondent,
per contra submitted that the appellants have not produced any document to
prove the avocation and income of the deceased. In the absence of any
documentary evidence, the Tribunal was right in fixing the notional income
as Rs.11,000/- per month. The learned counsel further submitted that there is
no merit in the appeal and prayed for dismissal of the appeal.
10. Heard the learned counsel appearing for the appellants as well as
respondent and perused the materials available on record.
11. The only question involved in this instant appeal is whether the
quantum of compensation awarded by the Tribunal is just and reasonable.
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C.M.A. No.1514 of 2023
12. On perusal of the records, this Court finds that the appellants,
through PW1 have proved that the deceased was working as a vegetable
vendor, at the time of accident. However, the appellants have not established
the income of the deceased. Considering the year of accident, avocation of
the deceased and Cost Inflation Index, this Court is of the view that that it
would be reasonable to fix Rs.14,000/- per month as notional income of the
deceased. The multiplier “15’’ has to be adopted since the deceased was aged
40 years at the time of accident. Since the appellants are wife, minor daughter
and mother, 1/3rd has to be deducted towards personal expenses. Thus, by
appying multiplier 15, adding 40% towards future prospects and deducting
1/3rd towards personal expenses of the deceased, the compensation awarded
by the Tribunal under the head Loss of Dependency is calculated as follows:
Rs.14,000+ 5600 (14000 X 40%) X 12 X 15 X 2/3 = Rs.23,52,000/-
13. The compensation awarded by the Tribunal under other heads are
just and reasonable and hence, the same are confirmed. Thus, the
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C.M.A. No.1514 of 2023
compensation awarded by the Tribunal is enhanced from Rs.,19,98,000/- to
Rs.25,02,000/-, break-up as follows -
Sl. Description Amount Amount Award
No awarded by awarded confirmed or
Tribunal by this enhanced or
(Rs) Court (Rs) granted
1. Loss of 18,48,000/- 23,52,000/- Enhanced
Dependency
2. Loss of 1,20,000/- 1,20,000/- Confirmed
Consortium
3. Loss of Estate 15,000/- 15,000/- Confirmed
4. Funeral Expenses 15,000/- 15,000/- Confirmed
Total 19,98,000/- 25,02,000/- Enhanced
by
Rs.5,04,000/-
14. With the above modification, this Civil Miscellaneous Appeal is
partly allowed and the compensation awarded by the Tribunal at
Rs.19,98,000/- is hereby enhanced to Rs.25,02,000/- 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, less the
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C.M.A. No.1514 of 2023
amount already deposited, if any, within a period of eight (6) weeks from the
date of a receipt of copy of this Judgment. On such deposit, the appellants 1
and 3 are permitted to withdraw their share of the award amount, less the
amount if any, already withdrawn, on the basis of apportionment fixed by the
Tribunal. The share of the minor 2nd appellant is directed to be deposited in
any one of the Nationalised Bank till the minor appellant attains majority.
However, the 1st appellant, mother of the minor 2nd appellant is permitted to
withdraw the accrued interest once in three months. The appellants are
directed to pay the necessary Court Fee, if any, on the enhanced award
amount. No costs.
03.08.2023
dk
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
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C.M.A. No.1514 of 2023
To
1.The Special Judge No.2
Motor Accident Claims Tribunal
Small Causes Court
Chennai.
2. The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A. No.1514 of 2023
SUNDER MOHAN, J
dk
C.M.A. No. 1514 of 2023
03.08.2023
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