S.Renuka vs Tamil Nadu State Transport ...
2023 Latest Caselaw 5829 Mad

                                                                                   C.M.A.No.105 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.105 of 2022

           1.S.Renuka

           2.T.Saravanan                                                          ... Appellants
                                                          Vs.
           Tamil Nadu State Transport Corporation (VPM) Ltd.
           Represented by its Managing Director
           Vellore.                                                               ... Respondent


           Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles

           Act, 1988 praying against the judgment and decree dated 14.10.2019 made in

           M.C.O.P.No.607 of 2013 on the file of the Motor Accident Claims Tribunal, Principal

           Special Judge, Special Court under E.C. & NDPS Act, Chennai-104.



                                      For Appellants   : Mrs.Ramya V. Rao

                                      For Respondent   : Mr.T. Chandrasekaran


                                                       JUDGMENT

The appeal is filed by the appellants/claimants challenging the judgment and

decree dated 14.10.2019 made in M.C.O.P.No.607 of 2013 on the file of the Motor

Accident Claims Tribunal, Principal Special Judge, Special Court under E.C. & NDPS https://www.mhc.tn.gov.in/judis

C.M.A.No.105 of 2022

Act, Chennai-104.

2. The brief facts leading to the appeal are that, on 23.08.2012 at about 15.30

hours, while the mother of the deceased was travelling along with her minor daughter

Saritha in the Transport Corporation bus bearing Registration No.TN-23-N-2129 from

West to East at Grant West Trunk Road, opposite to Primay Agricultural Co-operative

Bank, Rajakulam, the driver of the bus belonging to the Transport Corporation drove

the same in a rash and negligent manner, dashed against the stationary lorry bearing

Registration No.TN-73 D 2703, which was parked on the left extreme side of the road,

causing grievous injuries to the mother and fatal injuries to the minor daughter, who

was aged 3 ½ years at the time of accident. The claimants are father and mother of the

deceased minor child and therefore, they have filed the claim petition seeking a sum of

Rs.30,00,000/- as compensation.

3. The claim petition was contested by the Transport Corporation and they 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 1st appellant/1st claimant, mother of the

deceased examined herself as P.W.1, Dr.Saravanabhavanandam was examined as

P.W.2 and Exs.P1 to P24 were marked on the side of the appellants/claimants. On the https://www.mhc.tn.gov.in/judis

C.M.A.No.105 of 2022

side of the respondent/Transport Corporation, Superintendent was examined as R.W.1

and no document was filed.

5. The claims Tribunal on an assessment of entire evidence on record, rendered

the finding of the negligence against the driver of the Transport Corporation, assessed

the compensation at Rs.5,70,000/- along with 7.5% interest and mulcted the entire

liability on the respondent/Transport Corporation. 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 pecuniary loss

assessed by the Tribunal was meagre and further the amount awarded towards loss of

love and affection to the appellants was not in consonance with 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.

7. Learned counsel for the respondent/Transport Corporation though disputed

the assessment of pecuniary loss by the Tribunal, conceded that the loss towards love

and affection is not in conformity with the judgment of the Hon'ble Supreme Court in

the case of National Insurance Company Limited Vs.Pranay Sethi and others https://www.mhc.tn.gov.in/judis

C.M.A.No.105 of 2022

reported in (2017) 16 SCC 680.

8. I have heard both the learned counsel and perused the materials placed on

record.

9. The appellants/claimants, who are the parents of the deceased minor child

aged about 3 ½ years, have filed the claim petition seeking compensation for the loss

of their minor daughter. The Tribunal has fixed the notional income of the minor child

at Rs.30,000/- per annum. The loss of a child can never be compensated in terms of

money. In any event, the claimants as the parents have to be compensated for the

death of their minor child. Considering that the claimants have lost their child in the

accident, who would have been their support in their old age, the notional income of

Rs.30,000/- per annum is increased to Rs.40,000/- per annum and the loss towards

dependency is assessed at Rs.6,00,000/- (Rs.40,000/- X 15) by applying appropriate

multiplier '15'. For loss towards love and affection, the appellants/claimants shall be

entitled to Rs.40,000/- each. The appellants/claimants are further entitled to

Rs.15,000/- each towards funeral expenses and loss of estate.

10. In view of the above discussion, the award of the Tribunal is modified as

follows:

https://www.mhc.tn.gov.in/judis

C.M.A.No.105 of 2022

S.No. Various Heads Award of the Tribunal Award of this Court

1. Income Rs.30,000/- per annum Rs.40,000/- per annum

2. Multiplier 15 is applied Rs.30,000/- X 15 = Rs.40,000/- X 15 = Rs.4,50,000/- Rs.6,00,000/-

3. Loss of dependency Rs.4,50,000/- Rs.6,00,000/-

4. Funeral expenses Rs.20,000/- Rs.15,000/-

5. Loss of love and affection Rs.1,00,000/- Rs.80,000/-

                                                    (Rs.50,000/- X 2)           (Rs.40,000/- X 2)
           6.          Loss of estate               -                           Rs.15,000/-
                                                                                Rs.7,10,000/-
                       Total Compensation           Rs.5,70,000/-               enhanced            amount
                                                                                Rs.1,40,000/-

11. In view of the above, the appellants/claimants are entitled to the

compensation at Rs.7,10,000/- along with 7.5% interest. There shall be a direction to

the respondent/Transport Corporation to deposit the compensation arrived at by this

Court at Rs.7,10,000/- along with 7.5% interest, 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 being made, the appellants/claimants shall be entitled to withdraw the

amount, as per the apportionment fixed by the Tribunal, by making proper 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 N.MALA.J.,

https://www.mhc.tn.gov.in/judis

C.M.A.No.105 of 2022

kj

To

1.The Principal Special Judge Motor Accidents Claims Tribunal, Chennai.

Special Court under E.C. & NDPS Act Chennai-104.

2.The Section Officer, V.R.Section, High Court, Madras.

C.M.A.No.105 of 2022

09.06.2023

https://www.mhc.tn.gov.in/judis