Madras High Court
Sumathi Shankar vs The Managing Director on 9 June, 2023
C.M.A.No.131 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2023
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA
C.M.A.No.131 of 2022
1.Sumathi Shankar
2.Naveen Kumar
3.Nandhini Sivakumar ... Appellants
Vs.
The Managing Director
KSRTC, Bangalore
Chikmagalur Division
Chikmagalur District. ... Respondent
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles
Act, 1988 praying against the judgment and decree dated 11.03.2020 made in
M.C.O.P.No.845 of 2019 on the file of the Motor Accident Claims Tribunal, Special
District Court for MAC cases, Krishnagiri.
For Appellants : Mr.S.P.Yuaraj
For Respondent : Mr.T.Thiyagarajan
JUDGMENT
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C.M.A.No.131 of 2022
The appeal is filed by the appellants/claimants for enhancement of
compensation granted by the Tribunal in the award dated 11.03.2020 made in
M.C.O.P.No.845 of 2019 on the file of the Motor Accident Claims Tribunal, Special
District Court for MAC cases, Krishnagiri.
2. The brief facts leading to the appeal are that, on 14.10.2018 at about 11.40
hours, while the deceased Shankar was travelling with his brother in a motor cycle
bearing Registration No.TN 83 T 2684 as a pillion rider, in Karkala Bajagoli to Udupi
N.H. Road near Athrady, the driver of the KSRTC bus bearing Registration No.KA-
18-F-0727, hit against the motor cycle, causing grievous injuries to Shankar, who
subsequently succumbed to his injuries on 16.10.2018. According to the appellants,
the accident occurred only due to rash and negligent driving by the driver of KSRTC
bus. The deceased Shankar was aged 49 years at the time of accident and as a
self-employed, he was earning a sum of Rs.40,000/- per month. Therefore, the widow
and children of the deceased Shankar filed the Claim Petition seeking a sum of
Rs.50,00,000/- as compensation, for his death.
3. Before the Claims Tribunal, the respondent/Transport Corporation filed a
detailed counter denying all the averments raised in the claim petition including
negligence, liability and quantum of compensation.
4. Before the Claims Tribunal, the 2nd appellant/2nd claimant, son of the deceased
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C.M.A.No.131 of 2022
Shankar, examined himself as P.W.1, the eye-witness was examined as P.W.2 and 14
documents were marked as Exs.P1 to P14. On the side of the respondent/Transport
Corporation, the driver of the bus was examined as R.W.1 and no documentary
evidence was filed.
5. The Claims Tribunal, on an assessment of the entire evidence on record,
rendered the finding of negligence against the driver of the KSRTC bus and assessed
the compensation at Rs.13,01,183/- along with 7.5% interest. Not satisfied with the
quantum of compensation awarded by the Claims Tribunal, the appellants/claimants
have filed the above appeal for enhancement of compensation.
6. Learned counsel for the appellants/claimants submitted that the assessment of
income at Rs.9,000/- by the Tribunal is very much meagre. Considering that the
accident took place in the year 2018, the deceased was aged 49 years at the time of
accident and was doing cloth business by setting up temporary shops & exhibition sale
stalls according to the counsel, the Tribunal ought to have assessed higher income.
The counsel for the appellants further submitted that the assessment of compensation
under the heads “loss of consortium” and “loss of love & affection” are meagre and
against the judgment of the Hon'ble Supreme Court in the case of National Insurance
Company Limited Vs. Pranay Sethi and others reported in (2017) 16 SCC 680. The
learned counsel therefore pleaded that the award passed by the Tribunal deserved to
be enhanced.
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C.M.A.No.131 of 2022
7. Learned counsel for the respondent/Transport Corporation on the other hand
submitted that the award of the Tribunal was fair, just and reasonable and did not call
for any interference in the appeal.
8. I have heard both the learned counsel and perused the entire materials placed
on record.
9. It is seen from the records that the accident occurred in the year 2018, the
deceased was aged 49 years at the time of accident and was maintaining a family of
three members. According to the appellants, the deceased was doing cloth business
and was earning a sum of Rs.40,000/- per month. In the absence of any material with
regard to income of the deceased, the Tribunal fixed the notional income of the
deceased at Rs.9,000/- per month. Considering the cost escalation for the year 2018
and also the avocation of the deceased Shankar, I am of the view that the notional
income can be fixed at Rs.12,000/- per month. The Tribunal added 25% towards
future prospects, applied multiplier '13' and deducted 1/3rd towards personal expenses
of the deceased. Thus, by fixing the monthly income of the deceased at Rs.12,000/-,
the compensation awarded by the Tribunal towards loss of dependency is modified to
Rs.15,60,000/- (Rs.12,000/- + 3000 [Rs.12,000/- X 25%] X 12 X 13 X 2/3).
Therefore, the appellants/claimants are entitled to Rs.15,60,000/- towards loss of
dependency. I find that the Tribunal awarded Rs.20,000/- towards loss of estate,
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C.M.A.No.131 of 2022
which is on the higher side and therefore, the award towards loss of estate is reduced
to Rs.15,000/-. The Tribunal has awarded a sum of Rs.20,000/- towards loss of
consortium and Rs.30,000/- towards loss of love and affection. I agree with the
submission of the learned counsel for the appellants that the appellants are entitled to
higher compensation under those heads. As per the judgment of the Hon'ble Supreme
Court in the case of National Insurance Company Limited Vs. Pranay Sethi and
others reported in (2017) 16 SCC 680, the 1st appellant, wife of the deceased, shall be
entitled to Rs.40,000/- towards loss of consortium and the appellants 2 & 3, who are
son and daughter of the deceased Shankar shall be entitled to Rs.40,000/- each
towards loss of love & affection. The award of the Tribunal under other heads are
confirmed.
10. In view of the above discussions, the award of the Tribunal is modified as
follows:
S.No. Various Heads Award of the Tribunal Award of this Court
1. Loss of dependancy Rs.11,70,000/- Rs.15,60,000/-
2. Loss of estate Rs.20,000/- Rs.15,000/-
3. Funeral expenses Rs.15,000/- Rs.15,000/-
4. Loss of consortium to the 1st Rs.20,000/- Rs.40,000/-
appellant
5. Loss of love & affection to Rs.30,000/- Rs.80,000/-
the appellants 2 & 3 (Rs.40,000/- X 2)
6. Hospital bills Rs.29,331/- Rs.29,331/-
7. Ambulance bill Rs.16,852/- Rs.16,852/-
Rs.17,56,183/-
Total Compensation Rs.13,01,183/- enhanced amount
Rs.4,55,000/-
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C.M.A.No.131 of 2022
The compensation awarded by the Tribunal at Rs.13,01,183/- is hereby enhanced to
Rs.17,56,183/- along with interest at 7.5% per annum.
11. Learned counsel for the respondent/Transport Corporation submitted that
the entire amount awarded by the Tribunal along with accrued interest and costs has
already been deposited in the execution proceedings. In view of the said submission,
the respondent is directed to deposit the enhanced amount of Rs.4,55,000/- along with
7.5% interest and costs, less the amount already deposited if any, within a period of
four weeks from the date of receipt of a copy of this judgment. On such deposit being
made, the appellants/claimants shall be entitled to withdraw their respective share of
the award amount now determined by this Court, as per the apportionment fixed by
the Tribunal, along with proportionate interest and costs, less the amount if any,
already withdrawn, by making appropriate application before the Tribunal.
12. The appeal is accordingly partly allowed. There shall be no order as to costs.
09.06.2023
Index:Yes/No
Speaking Order :Yes/No
Neutral Citation:Yes/No
kj
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C.M.A.No.131 of 2022
To
1.The Special District Judge
Motor Accidents Claims Tribunal
Krishnagiri.
2.The Section Officer,
V.R.Section,
High Court, Madras.
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C.M.A.No.131 of 2022
N.MALA.J.,
kj
C.M.A.No.131 of 2022
09.06.2023
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