Madras High Court

Sundari vs The Managing Director on 24 July, 2023

                                                                        C.M.A. No.1120 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED: 24.07.2023

                                                   CORAM :

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                             C.M.A.No.1120 of 2022


                  1.Sundari
                  2.R.Ajithkumar
                  3.R.Ranjithkumar
                  4.Radhakrishnan
                  5.Pongothai                                ..                    Appellants

                                                       Vs.

                  The Managing Director,
                  Tamilnadu State Transport Corpn.,
                  (Vpm - Divn. I) Ltd.,
                  Villupuram 605 401.                        ..                   Respondent


                  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.2478 of
                  2018 Dt.19.02.2021 on the file of the Motor Accident Claims Tribunal (1st
                  Additional District & Sessions Judge, Cuddalore).




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                                                                          C.M.A. No.1120 of 2022



                                       For Appellants   : Ms.Ramya V.Rao

                                       For Respondent   : M/s.S.S.Santhoshakoman


                                                   JUDGMENT

This Civil Miscellaneous Appeal has been filed by the appellants

chalenging the quantum of compensation granted by the Tribunal in the award

dated 19.02.20210, made in M.C.O.P. No.2478 of 2018 on the file of the

Motor Accident Claims Tribunal (1st Additional District & Sessions Judge,

Cuddalore).

2.The appellants filed M.C.O.P. No.2478 of 2018 on the file of the

Motor Accident Claims Tribunal (1st Additional District & Sessions Judge,

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

of one Ramachandran, who died in the accident that took place on

20.02.2018.

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3. According to the appellants, on the date of accident, when the

deceased Ramachandran was proceeding as a pillion rider of the TVS XL

Super moped bearing Regn. no.TN32 D 1372 driven by its rider from South

to North, the bus belonging to the respondent / Transport Corporation which

was coming from East to West driven by its driver in a rash and negligent

manner, dashed against the TVS XL Moped and caused the accident. In the

said accident, the said Ramachandran died in the hospital.

4. The respondent filed counter statement and denied all the averments

made by the appellants in the claim petition. According to the respondent, the

accident occurred only due to the negligent act of the rider of the motorcycle

who suddenly crossed the road from South to North, without noticing the

upcoming bus and invited the accident. The respondent also denied the age,

occupation and monthly income of the deceased. The total compensation

claimed by the appellants are excessive and prayed for dismissal of the claim

petition.

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5. The 1st appellant examined herself as PW1, examined the eye

witness, the rider of the motorcycle as PW2 and marked seven documents

Exs.P.1 to Exs.P.7. The driver of the respondent bus was examined as RW1

and xerox copy of the final report was marked as Ex.R1 .

6. The Tribunal after considering the evidence and documents filed on

the side of the appellants as well as respondent, awarded a compensation of

Rs.15,27,500/- to the appellants. Aggrieved by the said order, the appellants

have preferred the present appeal seeking enhancement of compensation.

7. The learned counsel appearing for the appellants submitted that the

amount of compensation awarded by the Tribunal is meagre. At the time of

accident, the deceased was running a tailoring shop. The Tribunal had taken

the notional income of the deceased as Rs.7,500/- per month for the accident

which took place in the year 2018. The learned counsel further submitted

that as per the Judgment of this Court in Andal and others vs. Avinan

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Kannan and another reported in 2019 (1) TN MAC 54 (DB), by calculating

the cost inflation index, the notional income has to be more than Rs.13,500/-.

The learned counsel further submitted that the Tribunal has awarded a sum of

Rs.10,000/- each towards loss of love and affection to the appellants, totalling

to Rs.50,000/-. The appellants are each entitled to a sum of Rs.40,000/-

under the said head. That apart, the Tribnual has awarded only Rs.10,000/-

towards funeral expenes and did not award any amount under the head loss of

estate. For the above reasons, the learned counsel prayed for enhancement of

compensation.

8. The learned counsel for the respondent per contra submitted that the

appellants have not produced any proof to show that the deceased was

running a tailoring shop. In such circumstances, the notional income fixed by

the Tribunal cannot be faulted. The compensation awarded under the other

heads are also just and reasonable and hence no interference is called for in

the award passed by the Tribunal.

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9. Heard the learned counsel appearing for the appellants as well as

respondent and perused the materials available on record.

10. The only issue involved in this appeal is whether the amount of

compensation awarded by the Tribunal is just and reasonable.

11. This court finds that the appellants had examined PW1, the wife of

the deceased to show that the deceased was working as a tailor by running a

tailoring shop. However, the appellants have not produced any document to

establish the income of the deceased. The accident is of the year 2018.

Considering the fact that the respondent has not denied the fact that the

deceased was a tailor, the fact that the accident is of the year 2018 and

considering the cost inflation index for the said year, this court is of the view

that it would be just and reasonable to fix the notional income of the deceased

at Rs.12,000/- per month. The deceased was aged 38 years at the time of

accident and therefore, the appellants are entitled to increase of 40% towards

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future prospects. The multiplier applicable is 15. Since there are five

dependents of the deceased, 1/4th has to be deducted towards personal

expenses. Thus, the compensation awarded by the Tribunal under the head

loss of income is modified as follows -

Rs.12,000 + 4800 (12000 x 40%) x 12 x 15 x 3/4 = Rs.22,68,000/-

12. The Tribunal has awarded a sum of Rs.40,000/- as compensation

under the head loss of consortium to the first appellant, the wife of the

deceased. However, the Tribunal has awarded only a sum of Rs.50,000/- to

the appellants under the head loss of love and affection. The appellants 2 to 5

are entitled to a sum of Rs.40,000/- each under the said head. The 1st

appellant, wife of the deceased is entitled to compensation only under the

head loss of consortium and she is not entitled to compensation under the

head loss of love and affection. Thus, the compensation awarded by the

Tribunal under the head loss of love and affection is enhanced from

Rs.50,000/- to Rs.1,60,000/-. Further, it is seen that the Tribunal had

awarded Rs.10,000/- towards funeral expenses which is meagre and hence

enhanced to Rs.15,000/- as per the judgment of the Hon'ble Supreme Court

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reported in 2017 (2) TN MAC 609 (SC) [National Insurance Co. Ltd., Vs.

Pranay Sethi and others]. The Tribunal has not awarded any amount

towards loss of estate and hence a sum of Rs.15,000/- is awarded under the

said head. The compensation awarded under the head transportation is just

and reasonable and hence the same is confirmed. Thus, the compensation

awarded by the Tribunal is enhanced from Rs.15,27,500/- to Rs.25,08,000/-,

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 income     14,17,500/-   22,68,000/-       Enhanced
                         2.       Loss of             40,000/-      40,000/-        Confirmed
                                  consortium
                         3.       Loss of love &      50,000/-     1,60,000/-        Enhanced
                                  affection to
                                  appelants 2 to 5
                         4.       Transport           10,000/-      10,000/-        Confirmed
                                  expenses
                         5.       Funeral expenses    10,000/-      15,000/-         Enhanced
                         6.       Loss of Estate          -         15,000/-         Granted
                                        Total        15,27,500/-   25,08,000/-      Enhanced
                                                                                        by
                                                                                   Rs.9,80,500/-


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                                  C.M.A. No.1120 of 2022




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                                                                           C.M.A. No.1120 of 2022

13. With the above modification, this Civil Miscellaneous Appeal is

partly allowed and the compensation awarded by the Tribunal at

Rs.15,27,500/- is hereby enhanced to Rs.25,08,000/- 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 enhanced award amount, now determined by this Court

along with interest and costs, less the amount already deposited, if any, within

a period of eight (8) weeks from the date of a receipt of copy of this

Judgment. On such deposit, the appellants are permitted to withdraw 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