Madras High Court

R.Pazhaniyammal vs The Managing Director on 11 July, 2023

                                                                                     C.M.A.No.2480 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 11.07.2023

                                                         CORAM

                                  THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

                                                C.M.A.No.2480 of 2021

                  1.R.Pazhaniyammal
                  2.R.Raji
                  3.R.Selvamuthukumaran                                            ...Appellants

                                                          Vs

                  The Managing Director,
                  Tamil Nadu State Transport Corporation,
                  (Villupuram -Div.1) Ltd.,
                  No.3/137, Salamedu,
                  Vazhuthareddy Post,
                  Villupuram – 605 602.                                            ... Respondent

                  Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
                  Vehicles Act, 1988, against the judgment and decree dated 03.03.2021 made in
                  M.C.O.P.No.1376 of 2018 on the file of the Motor Accidents claims Tribunal, I
                  Additional District and Sessions Judge, Cuddalore.


                                        For Appellants    : Mrs.Ramya V.Rao
                                        For Respondent    : Mr.S.S.Santhoshkumar



                  1/8


https://www.mhc.tn.gov.in/judis
                                                                                       C.M.A.No.2480 of 2021




                                                      JUDGMENT

This Civil Miscellaneous Appeal has been filed against the judgment and

decree dated 03.03.2021 made in M.C.O.P.No.1376 of 2018 on the file of the

Motor Accidents claims Tribunal, I Additional District and Sessions Judge,

Cuddalore.

2.The appellant/claimant filed M.C.O.P.No.1376 of 2018 on the file of the

Motor Accidents claims Tribunal, I Additional District and Sessions Judge,

Cuddalore, claiming a sum of Rs.40,00,000/- as compensation for the death of

one Raja, who died in the accident that took place on 25.09.2017.

3.The Tribunal considering the pleadings, oral and documentary evidence,

held that the accident occurred due to rash and negligent driving by the driver of

the respondent's bus driver and directed the respondent/Transport Corporation

to pay a sum of Rs.12,70,000/- along with interest at the rate of 7.5% as

compensation to the appellants/claimants under following heads:








https://www.mhc.tn.gov.in/judis
                                                                                              C.M.A.No.2480 of 2021


                                  S.No            Description           Amount awarded by
                                                                          Tribunal (Rs)
                              1.         Loss of Income                          11,70,000
                              2.         Loss of Consortium                         40,000
                              3.         Loss of Love & Affection                   30,000
                              4.         Transport Expenses                         15,000
                              5.         Funeral Expenses                           15,000
                                         Total                                   12,70,000



                            4.Aggrieved          over     the   award   passed   by    the   Tribunal,        the

appellants/claimants filed the present appeal challenging the quantum of

compensation.

5.Learned counsel appearing for the appellants/claimants would submit

that the appellants/claimants are the wife and two children of the deceased. The

accident took place on 25.09.2017 and at the time of accident the deceased was

aged about 47 years. The deceased was working as mason and he was earning

Rs.15,000/- per month. The Tribunal fixed the notional income of the deceased

at Rs.9,000/-, in the absence of any income proof for the accident occurred in

the year 2017, which is very meager. The Hon'ble Supreme Court in the case of

Syed Sadiq vs. Divisional Manager, United India Insurance reported in 2014

1 TNMAC 459 (SC), awarded a sum of Rs.6,500/- for the vegetable vendor for

https://www.mhc.tn.gov.in/judis C.M.A.No.2480 of 2021

the accident took place in the year 2008. Therefore, considering the cost

inflation index, the income of the deceased would comes about Rs.13705/- and

hence, she prayed to fix the notional income of the deceased at Rs.14,000/-.

6.She would further submit that the Tribunal has awarded a sum of

Rs.30,000/- towards loss of love and affection for the wife and two children.

However, the Tribunal ought to have awarded a sum of Rs.80,000/- towards loss

of love and affection to the children. Under the head of loss of consortium, the

Tribunal has awarded a sum of Rs.40,000/-, which shall be confirmed and the

Tribunal has not awarded any amount towards loss of estate and hence prayed

to award considerable amount towards loss of estate.

7.On the other hand, learned counsel appearing for the

respondent/Transport Corporation would submit that since no income proof was

provided by the appellants/claimants to prove the income of the deceased as

Rs.15,000/-, the Tribunal has fixed a sum of Rs.9,000/- as notional income,

which is just and fair, in the absence of any income proof. With regard to the

compensation awarded under other heads are concerned, he would fairly submit

that the law laid down by the Hon'ble Apex Court may be followed.

https://www.mhc.tn.gov.in/judis C.M.A.No.2480 of 2021

8.Heard the learned counsel appearing for the appellants/claimants as well

as the respondent/Transport Corporation and perused the materials available on

record.

9.Taking into consideration the submission made by the learned counsel

appearing for either parties and considering the nature of avocation of the

deceased and the cost inflation index, this Court is inclined to fix the notional

income of the deceased at Rs.14,000/-. Further, for the age of 47 years the

multiplier applicable is 13 as held by the Hon'ble Supreme Court in the case of

Sarla Verma & others vs. Delhi Transport Corporation & another reported in

2009 (2) TNMAC 1 SC. As held by the Hon'ble Supreme Court in the case of

National Ins. Co. v. Pranay Sethi & others reported in 2017(2)TNMAC 609

(SC), the future prospect for the age group of 47 years is 25%. Since there are

three legal heirs for the deceased, 2/3rd has to be deducted towards personal

expenses and hence, the loss of income computed as follows:

Rs.14000/- + 3500 (25% of Rs.14000) x 12 x 13 x 2/3=

Rs.18,20,000/-.

https://www.mhc.tn.gov.in/judis C.M.A.No.2480 of 2021

10.The Tribunal has awarded a sum of Rs.30,000/- under the head of loss

of love and affection which is on the lower side. As held by the Hon'ble Supreme

Court in the case of Magma General Insurance Company Ltd., vs. Nanu Ram

Alias Chuhru Ram and others reported in (2018) 18 SCC 130, the children are

entitled for a sum of Rs.40,000/- towards parental consortium and hence, the

parental consortium is re-fixed as a sum of Rs.40,000/- each to the appellants 2

and 3. Further, the Tribunal has not awarded any amount towards loss of estate

and this Court award a sum of Rs.15,000/- towards loss of estate and the

compensation awarded by the Tribunal under all other heads are just and fair

and the same stands confirmed. Thus, the compensation awarded by the

Tribunal is re-determined as follows:

S.No Description Amount awarded by Amount awarded Tribunal by this Court (Rs) (Rs)

1. Loss of Income 11,70,000 18,20,000

2. Loss of consortium for 40,000 40,000 spouse

3. Loss of love and affection 30,000 80,000

4. Funeral expenses 15,000 15,000

5. Transportation 15,000 15,000

6. Loss of Estate - 15,000 Total 12,70,000 19,85,000

https://www.mhc.tn.gov.in/judis C.M.A.No.2480 of 2021

11.In the result, this Civil Miscellaneous Appeal is allowed and the

compensation awarded by the Tribunal at Rs.12,70,000/- is hereby enhanced to

Rs.19,85,000/- with interest at the rate of 7.5% per annum from the date of

petition till the date of realisation. The appellants/claimants are directed to pay

necessary Court fee, if any, on the enhanced compensation. The

respondent/Transport Corporation is directed to deposit the modified award

amount along with interest and costs now determined by this Court, less the

amount already deposited, if any, within a period of eight from the date of

receipt of a copy of this judgment. Therafter, the Tribunal is directed to transfer

the award amount to the appellants/claimants by way of RTGS to their bank

account directly, within a period of three weeks from the deposit being made or

from date of furnishing the RTGS particulars by the appellants/claimants,

whichever is later. On such deposit, the 1st appellant is permitted to withdraw a

sum of Rs.13,85,000/- and the appellants 2 and 3 are permitted to withdraw a

sum of Rs.3,00,000/- each along with proportionate interest. No costs.