Madras High Court
S.Kaladevi vs The Managing Director on 4 July, 2023
C.M.A.No.486 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2023
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.486 of 2022
1.S.Kaladevi
2.P.Shanmugam
3.Kullammal ... Appellants
Vs
The Managing Director,
Tamil Nadu State Transport Corporation Ltd,
Kancheepuram Region,
Kancheepuram - 631 501. ... Respondent
PRAYER:- This Civil Miscellaneous Appeal has been filed under Section
173 of the Motor Vehicles Act, 1988 against the judgment and decree in
M.C.O.P.No.4275 of 2018 dated 09.11.2021 on the file of Motor Accident
Claims Tribunal / 1 Additional District and Sessions Judge, Cuddalore.
For Appellants : Ms.Ramya V.Rao
For the Respondent : Mr.S.S.Santhosakumar
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the parents and the
wife of the deceased, who are the claimants, challenging the judgment and
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C.M.A.No.486 of 2022
decree in M.C.O.P.No.4275 of 2018 dated 09.11.2021 on the file of Motor
Accident Claims Tribunal / I Additional District and Sessions Judge,
Cuddalore, seeking enhancement of the compensation awarded by the
Tribunal.
2. The appellants are the claimants in M.C.O.P.No.4275 of 2018
on the file of the Motor Accident Claims Tribunal / I Additional District and
Sessions Judge, Cuddalore. They filed the Claim Petition claiming a sum of
Rs.50,00,000/- as compensation for the death of Senthilkumar, in the
accident that took place on 14.06.2018.
3. According to the appellants, on 14.06.2018, at about 17.00 hrs,
while the deceased was standing near Tea shop, the driver of the
respondent/Transport Corporation bearing Registration No.TN-21-N-1086
had driven the bus in a rash and negligent manner and hit against the
deceased; that due to the impact, the deceased sustained fatal injuries. The
claimants, therefore, filed a Claim Petition claiming a sum of Rs.50,00,000/-
as compensation.
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C.M.A.No.486 of 2022
4. The respondent/Transport Corporation filed a counter denying
all the averments made in the Claim Petition that the driver of the
respondent/Transport Corporation was rash and negligent at the time of
accident. The driver had followed the traffic Rules and drove the bus in the
right direction. The deceased had negligently crossed the road without
seeing the bus approaching him. Therefore, the respondent/Transport
Corporation is not liable to pay compensation.
5. Before the Tribunal, the claimants examined PW1 and PW2
and marked Exs. P1 to P11. On the side of the respondent/Transport
Corporation, neither oral nor documentary evidence was adduced.
6. The Tribunal after considering the oral and documentary
evidence, held that the accident occured due to the rash and negligent act of
the driver of the respondent/Transport Corporation amd awarded the
compensation of Rs.17,18,300/-. The Tribunal directed that the 1st appellant
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C.M.A.No.486 of 2022
would be entitled to a sum of Rs.10,68,300/- and the 2nd and 3rd appellants
would be entitled to a sum of Rs.3,25,000/- each.
7. The learned counsel for the appellants submitted that the
Tribunal ought to have considered the fact that the deceased had a Diploma
in Mechanical Engineering and was also pursuing B.E. The learned counsel
further submitted that the deceased was working in a Private Company and
also doing agricultural business and earning a sum of Rs.50,000/- per
month. The Tribunal had erroneously taken the notional income as
Rs.9,000/- which is very meagre and considering the fact that the accident
was of the year 2018, the Tribunal ought to have taken a higher notional
income. The learned counsel relied upon the orders passed by this Court in
C.M.A.No.1635 of 2020, dated 09.02.2023 and C.M.A.No.1258 of 2021,
dated 17.04.2021 in support of her contention. The learned counsel further
submitted that the compensation under the head “Loss of love and
affection” awarded by the Tribunal at Rs.10,000/- each is erroneous. The
Tribunal ought to have awarded a sum of Rs.40,000/- each to the 2 nd and 3rd
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C.M.A.No.486 of 2022
appellants and hence, prayed for enhancement the compensation under the
head of “loss of love and affection”. The learned counsel further submitted
that the compensation under the head “Loss of Estate” has to be taken at
Rs.15,000/- which has been omitted by the Tribunal and hence, the learned
counsel prayed for enhancement of the same.
8. Per contra, the learned counsel for the respondent/Transport
Corporation submitted that the claimants have not produced documents to
substantiate the income of the deceased; that in the absence of any evidence
the notional income taken by the Tribunal at Rs.9,000/- was just, fair and
reasonable and need not be interfered with; and that the compensation
under the head “transport expenses” is not justified as the claimants have
not produced any proof to claim compensation under that head.
9. Heard the learned counsel appearing for the appellants as well
as the learned counsel appearing for the respondent/Transport Corporation
and perused all the materials available on record.
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C.M.A.No.486 of 2022
10. This Court finds that admittedly the deceased had a Diploma in
Mechanical Engineering. It is also an admitted fact that the appellants have
not produced any proof for the income earned by the deceased. It is seen
that the accident had taken place in the year, 2018. Having regard to the
fact that the deceased was holding a Diploma in Mechanical Engineering
and the year of the accident, this Court is of the view that the notional
income of the deceased fixed by the Tribunal at Rs.9,000/- is meagre. In
C.M.A.Nos.2210 and 2218 of 2021, dated 13.06.2023, this Court had fixed
the notional income at Rs.15,000/- per month for the accident that took
place in the year 2018 for a person working as a Tailor Cum Appalam
maker. For better appreciation, the relevant portion of the said judgment is
extracted hereunder:-
"10.Point No.(ii) Now coming to the notional
income, in the absence of any proof, it can been seen that
the evidence of the claimants is that the deceased
Jamuna was working as a Tailor Cum Apalam maker.
Similarly, the deceased Kamalesh was the first year
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C.M.A.No.486 of 2022
B.C.A. student in a private College in Chennai. Under
these circumstances, the Division Bench of this Court in
Managing Director, Tamil Nadu State Transport
Corporation Vs. Neela and another (CDJ 2019 MHC
3304) (cited supra) has catergorically laid down that
considering the vagaries of the employment and the
prevailing circumstances as of the year 2018, a sum of
Rs.10,000/- is too low and the notional income of
Rs.15,000/- per month will be appropriate.”
11. In the instant case, this Court is of the view that considering the
fact that the deceased was a Diploma Holder, his age and the fact that the
accident is of the year 2018, a notional income of Rs.15,000/- would be just,
fair and reasonable. The deceased was aged about 33 years at the time of
accident. Hence, the “future prospects” has to be taken at 40% as per the
judgment of the Hon'ble Supreme Court in National Insurance Company
Limited vs. Pranay Sethi reported in (2017) 16 SCC 680. Since, the
deceased was survived by his wife and parents, 1/3rd of his monthly income
has to be deducted towards “personal expenses”. Therefore, the monthly
income of the deceased after considering the “future prospects” and
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C.M.A.No.486 of 2022
deduction would come to Rs.15,000/- + Rs.6,000/- = Rs.21,000/- (-)
Rs.7,000/- (1/3 deducted towards personal expenses) = Rs.14,000/-. Since,
the deceased was aged about 33 years, multiplier of 16 has to be applied in
this case as per the Sarla Verma's case (cited supra). Hence, the
compensation under the head “Loss of income” has to be fixed at
Rs.14,000/-x12x16= Rs.26,88,000/-.
12. The compensation under the head “Loss of love and affection”
is enhanced from Rs.30,000/- to Rs.80,000/- at the rate of Rs.40,000/- each
to the 2nd and 3rd appellants. The compensation under the head of “Transport
expenses” is erroneous and hence, the same is set aside. On perusal of the
records, it reveals that the Tribunal has not awarded any compensation
under the head “Loss of Estate” and therefore, the claimants are entitled to
a sum of Rs.15,000/-. "Loss of consortium" to the first claimant is reduced
from Rs.44,000/- to Rs.40,000/- and the compensation under the head
"Funeral expenses" is reduced from Rs.16,500/- to Rs.15,000/- Thus, the
compensation awarded by the Tribunal is modified as follows:-
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C.M.A.No.486 of 2022
Award
Amount awarded Amount
Sl.N confirmed or
Description by the Tribunal awarded by
o. enhanced or
(Rs) this Court (Rs)
granted
1. Loss of Income 16,12,800 26,88,000 enhanced
2. Loss of Consortium 44,000 40,000 reduced
(10% enhanced)
3. Loss of love and 30,000 80,000 enhanced
affection
4. Transport Expenses 15,000 --- ---
5. Funeral Expenses 16,500 15,000 reduced
(10% enhanced)
6. Loss of Estate -- 15,000 Awarded
Total 17,18,300 28,38,000 11,19,700
13. In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation awarded by the Tribunal at Rs.17,18,300/- is hereby
enhanced to Rs.28,38,000/- together with interest at the rate of 7.5% per
annum from the date of petition till the date of deposit. The
appellants/claimants are directed to pay necessary Court fee, if any, on the
enhanced compensation. Out of total amount awarded a sum of
Rs.28,38,000/-, the 1st appellant being the wife of the deceased is entitled to
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C.M.A.No.486 of 2022
a sum of Rs.16,00,000/-, and the 2nd and 3rd appellants being the father and
mother of deceased are entitled to a sum of Rs.6,19,000/- each as
compensation. The respondent/Transport Corporation is directed to deposit
the modified award amount along with interest and costs, less the amount
already deposited if any, within a period of six weeks from the date of
receipt of a copy of this judgment. On such deposit, the appellants are
permitted to withdraw their respective shares of the award amount along
with proportionate interest and costs, after adjusting the amount if any,
already withdrawn. No costs.
04.07.2023
Index : Yes/ No
Speaking order: Yes/ No
Neutral Citation: Yes/ No
GBA
To
1.The Motor Accident Claims Tribunal /
I Additional District & Sessions Judge, Cuddalore.
2.The Section Officer
VR Section, High Court of Madras,Chennai – 600 104
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C.M.A.No.486 of 2022
SUNDER MOHAN,J.
Gba
C.M.A.No. 486 of 2022
04.07.2023
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