Madras High Court
Santhaseelan vs The Manager on 7 July, 2023
C.M.A.No.1661 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.1661 of 2022
1.Santhaseelan
2.Neela
3.Minor Gokulraj (14 years) ...Appellants
(Minor appellant represented
by his N/F Father Santhaseelan)
Vs.
The Manager,
Tamil Nadu State Transport Corporation Salem Liited,
No.12 – Ramakrishna Road,
Salem 7, Regional Office Bharathipuram,
Salem Road, Dharmapurti. ... Respondent
PRAYER : The Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, 1988, against the judgment and decree dated 07.12.2019 in
M.C.O.P.No.1211 of 2018 on the file of the Motor Accident Claims Tribunal
and Special District Court, for Motor Accident Claim Cases, Krishnagiri.
For Appellants : Mr.S.P.Yuvaraj
For Respondent : Mr.D.Nitin
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C.M.A.No.1661 of 2022
JUDGMENT
The Civil Miscellaneous Appeal is filed for enhancement of
compensation awarded by the Tribunal dated 07.12.2019 made in
M.C.O.P.No.1211 of 2018 on the file of Motor Accident Claims Tribunal and
Special District Court for Motor Accident Claim Cases, Krishnagiri.
2. The appellants are the claimants in M.C.O.P.No.1211 of 2018 on
the file of Motor Accident Claims Tribunal and Special District Court for Motor
Accident Claim Cases, Krishnagiri. They filed the claim petition claiming a
sum of Rs.35,00,000/- as compensation for the death of Rajesh, who died in the
accident that took place on 29.03.2017.
3. According to the appellants, on the date of accident i.e., on
29.03.2017 at about 18.15 hours, while the deceased was riding his motorcycle
bearing Registration No.TN-24-D-5098, the driver of the bus belonging to the
respondent/Transport Corporation bearing Registration No. TN-29-N-2261
drove the same in a rash and negligent manner without observing Traffic Rules
and dashed against the two wheeler of the deceased. Due to the impact, the
deceased suffered injuries and succumbed to death. The deceased who was
aged about 21 years, was working as a call driver and he was a sole bread
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C.M.A.No.1661 of 2022
winner of his family. Hence, the respondent/Transport Corporation is liable to
pay Rs.35,00,000/- as compensation.
4. The respondent/Transport Corporation filed counter statement
denying all the averments made in the claim petition and stated that the
accident had not happened due to rash and negligent of the driver of the
respondent/Transport Corporation. In any event, the compensation claimed by
the claimants is excessive and prayed for dismissal of the claim petition.
5. Before the Tribunal, the appellants examined P.W.1 and P.W.2 and
marked Exs.P1 to P10. On the side of the respondent/Transport Corporation,
the driver of the bus was examined as RW1 and one document marked as
Ex.R1.
6. The Tribunal considering the pleadings, oral and documentary
evidence held that the deceased died due to the rash and negligent the act of the
driver of the respondent/Transport Corporation and directed the respondent/
Corporation to pay a sum of Rs.11,94,000/- as compensation to the appellants.
7. The learned counsel for the appellants submitted that the accident
took place in the year 2017 and the deceased who was aged about 21 years at
the time accident, was working as a call driver. He was earning a sum of
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C.M.A.No.1661 of 2022
Rs.20,000/-p.m. at the time of accident. However, the Tribunal fixed only at
Rs.7,500/- as monthly income which is very meagre. The learned counsel
further submitted that the Tribunal awarded Rs.30,000/- as compensation under
the head “Loss of Love and Affection”; that the claimants 1&2 are the parents
and the 3rd claimant is the brother of the deceased; and that therefore, the
Tribunal ought to have awarded Rs.40,000/- each towards “loss of love and
affection”
8. Per contra, the learned counsel for the respondent/Transport
Corporation submitted that the Tribunal has awarded compensation which is
just, fair and reasonable and hence, there is no necessity to interfere with the
award passed by the Tribunal. Hence, he prayed for dismissal of the above
appeal.
9. Heard the learned counsel appearing for the appellants as well as
the learned counsel appearing for the respondent/Insurance Company and
perused all the materials available on record.
10. This Court finds that the evidence of PW1 shows that the deceased
was working as a call driver. However, no documents have been produced to
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C.M.A.No.1661 of 2022
substantiate the income earned by the deceased. Eventhough the claimants have
not produced any proof of income of the deceased, the notional income fixed by
the Tribunal at Rs.7,500/- is meagre. Since, the accident was of the year 2017
and it is the matter of common knowledge that the salary of the drivers had
increased substantially, this Court is of the view that it would be reasonable to
fix the notional income of the deceased at Rs12,000/-, in the facts of this case.
The deceased was a bachelor. Hence, half of his income has to be deducted
towards his personal expenses. He is further entitled to 40% future prospects as
he was aged 21. The multiplier applicable is 18. Hence, the compensation
under the head "Loss of income" has to be [Rs.12,000/- x 1/2 = Rs.6,000/-+
Rs.2400/- (40% future prospects) = Rs.8,400/- x 12 x 18 = Rs.18,14,400/-].
11. That apart, this Court finds that the Tribunal had awarded a sum of
Rs.30,000/- towards “loss of love and affection”. The claimants 1&2 are the
parents and the 3rd claimant is the brother of the deceased. They are entitled to a
sum of Rs.40,000/- each towards “Loss of Love and Affection” Hence, the
compensation under the head of “Loss of Love and Affection” is enhanced to
Rs,1,20,000/- (40,000 X 3).
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C.M.A.No.1661 of 2022
12. Thus, the compensation awarded by the Tribunal is modified as
follows:-
Sl. Description Amount Amount awarded Award
No awarded by by this Court confirmed or
Tribunal (Rs) enhanced or
(Rs) granted or
reduced
1. Loss of 11,34,000 18,14,400 enhanced
dependency
2. Loss of Estate 15,000 15,000 confirmed
3. Funeral 15,000 15,000 confirmed
Expenses
4. Loss of love and 30,000 1,20,000 enhanced
affection
Total 11,94,000 19,64,400 Enahnced to a
sum of
Rs.7,70,400
13. In the result, this Civil Miscellaneous Appeal is partly allowed and
the compensation awarded by the Tribunal at Rs.11,94,000/- is hereby enhanced
to Rs.19,64,400/- 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. On such
deposit, the claimants 1&2 are permitted to withdraw their share of the award
amount as per the ratio of apportionment fixed by the Tribunal, along with
interest and costs, after adjusting the amount, if any already withdrawn, by
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C.M.A.No.1661 of 2022
filing necessary applications before the Tribunal. The shares of the minor/3 rd
claimant is directed to be deposited in any one of the Nationalized Bank, till he
attains majority. The 1st claimant being the father of the 3rd claimant is
permitted to withdraw the accrued interest once in three months for the welfare
of the minor. No costs.
07.07.2023
Index: Yes/No
Internet: Yes/No
Neutral Citatiaon : Yes/No
gba
To
1.The Motor Accident Claims Tribunal /
Special District Court for Motor Accident Claims cases,
Krishnagiri.
2.The Section Officer
VR Section
High Court of Madras
Chennai – 600 104
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C.M.A.No.1661 of 2022
SUNDER MOHAN,J.
gba
C.M.A.No.1661 of 2022
07.07.2023
https://www.mhc.tn.gov.in/judis
