Madras High Court
Veerammal vs The General Manager on 9 June, 2023
C.M.A.(MD).No.264 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.264 of 2019
1. Veerammal
2. Kottayammal
3. Mayan
4. Karuppiah
5. Palaniammal .....Appellants/Petitioners
-vs-
The General Manager,
Tamil Nadu State Transport Corporation,
Madurai Road,
Virudhunagar District. ..... Respondent/ Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree passed by the Motor
Vehicle Accidents Claims Tribunal and Chief Judicial Magistrate Court,
Virudhunagar District at Srivilliputtur in M.C.O.P.No.51 of 2018 on
12.12.2018.
For Appellants : Mr.M.Jothibasu
For Respondent : Mr.K.Sudalaiyandi
https://www.mhc.tn.gov.in/judis
1/9
C.M.A.(MD).No.264 of 2019
JUDGMENT
The present Civil Miscellaneous Appeal has been filed by the claimants
seeking enhancement of award passed in M.C.O.P.No.51 of 2018 on the file
of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate Court,
Virudhunagar District at Srivilliputtur.
2. According to the claimants, when the deceased, who was a
passenger, was alighting from bus belonging to the Transport Corporation, the
bus conductor had carelessly whistled and at once, the driver had rashly and
negligently started the bus even without seeing the side mirror. Therefore, the
deceased had fallen down and sustained grievous injuries and he died on spot.
3. According to the claimants, the deceased was aged about 65 years.
He was a coolie earning a sum of Rs.10,000/- (Rupees Ten Thousand only)
per month. They have prayed for a sum of Rs.10,00,000/- (Rupees Ten Lakhs
only) towards compensation.
4. The Transport Corporation had filed a counter disputing the manner
of accident, the liability and also quantum as prayed for by the claimants.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.264 of 2019
5. The Tribunal, after considering the oral and documentary evidence,
arrived at a finding that the accident had taken place only due to the rash and
negligent driving on the part of the driver of the Transport Corporation. The
Tribunal fixed the notional income of the deceased at Rs.6,500/- (Rupees Six
Thousand and Five Hundred only) per month after deducting 1/4th towards
personal expenses. The Tribunal, applying multiplier of '7 ', and arrived at
Rs.4,09,500/- (Rupees Four Lakhs Nine Thousand and Five Hundred only)
towards loss of income. The Tribunal has awarded a sum of Rs.15,000/-
(Rupees Fifteen Thousand only) towards funeral expenses, a sum of
Rs.15,000/- (Rupees Fifteen Thousand only) towards loss of estate, a sum of
Rs.60,000/- (Rupees Sixty Thousand only) towards loss of love and affection
and a sum of Rs.3,000/- (Rupees Three Thousand only) towards damages to
cloths and articles. Totally, a sum of Rs.5,02,500/- (Rupees Five Lakhs Two
Thousand and Five Hundred only) was awarded by the Tribunal. This award
is under challenge in the present appeal.
6. According to the learned counsel appearing for the appellants, the
Tribunal had erroneously fixed the notional income at Rs.6,500/-, but it ought
to have fixed the notional income at Rs.9,000/- per month. He further relied
upon the judgment of the Hon'ble Supreme Court reported in 2014 (1)
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.264 of 2019
TNMAC 459 (SC) (Syed Saduq etc., Vs. Divisional Manager, United India
Insurance Company Ltd.,) to contend that a sum of Rs.6,500/- towards
notional monthly income was fixed in the year 2014. In the case on hand, the
accident had been taken place in the year 2016. The Tribunal ought not to
have followed the said amount of Rs.6,500/- and it should have fixed
Rs.9,000/- (Rupees Nine Thousand only) as notional monthly income.
7. The learned counsel appearing for the appellants further relied upon
the judgement of the Hon'ble Division Bench of our High Court reported in
2018 (2) TNMAC 634 (Managing Director, Tamil Nadu State Transport
Corporation (Coimbatore Division -II) Limited Vs. P Jaganathan and
others), where the Hon'ble Court was pleased to hold that the Tribunal
should follow the inflation index and accordingly increase the notional
monthly income.
8. The learned counsel appearing for the appellants further contended
that the Tribunal had awarded only a sum of Rs.60,000/- (Rupees Sixty
Thousand only) towards loss of love and affection to the five claimants, who
are the children of the deceased. Hence, he prayed for enhancement of the
award amount under these two heads.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.264 of 2019
9. Per contra, the learned counsel appearing for the respondent had
contended that the Tribunal has rightly fixed the notional income at
Rs.6,500/- (Rupees Six Thousand and Five Hundred only), when the accident
has taken place in the year 2016. He further contended that the total
compensation award of the Tribunal is already on the higher side, therefore,
no enhancement is called for. Hence, he prayed for confirming the award
passed by the Tribunal.
10. I have carefully considered the submissions made by the learned
counsel on either side.
11. The claimants have contended that the deceased was a Coolie and
he was earning a sum of Rs.10,000/- (Rupees Ten Thousand only) per month,
while he met with an accident in the year 2016. However, the Tribunal has
found that no records have been placed with regard to the actual income of
the deceased person and fixed the notional income at Rs.6,500/- (Rupees Six
Thousand and Five Hundred only) per month.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.264 of 2019
12. The judgment of the Hon'ble Division Bench of our High Court
relied upon by the learned counsel appearing for the appellants relates to the
case of an Engineering Graduate, who was aged about 22 years. However, in
the present case, even as per the case of the claimants, the deceased was
doing Coolie work and therefore, this Court is not inclined to accept the case
of the appellants for any enhancement of notional income fixed by the
Tribunal.
13. The Tribunal has awarded a sum of Rs.60,000/- (Rupees Sixty
Thousand only) for all the claimants towards loss of love and affection.
However, in view of the judgment of the Hon'ble Supreme Court, each one of
the claimants is entitled to Rs.40,000/- (Rupees Forty Thousand only)
towards loss of love and affection being children of the deceased person.
Therefore, the award of the Tribunal under the head of loss of love and
affection is hereby enhanced from Rs.60,000/- to Rs.2,00,000/- (Rupees Two
Lakhs only). The award of the Tribunal under the other heads are confirmed.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.264 of 2019
14. Therefore, this Court is of the view that the said award amount is
modified to the extent as stated below:
Loss of Income : Rs. 4,09,500/-
Loss of Love and Affection : Rs. 2,00,000/-
Loss of Estate : Rs. 15,000/-
Funeral Expenses : Rs. 15,000/-
Damages cloths and articles : Rs. 3,000/-
Total : Rs. 6,42,500/-
15. In view of the above said deliberations, the total award of the
Tribunal is modified and it is enhanced from Rs.5,02,500/- to Rs.6,42,500/-
(Rupees Six Lakhs Forty Two Thousand and Five Hundred only). The
enhanced award will carry interest at the rate of 7.5% from the date of filing
of the claim petition. The claimants shall share the award amount equally. The
Transport Corporation is directed to deposit the enhanced compensation
amount within a period of eight weeks from the date of receipt of a copy of
this order.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.264 of 2019
16. Accordingly, this Civil Miscellaneous Appeal is allowed to the
extent as sated above. There shall be no order as to costs.
09.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Motor Accident Claims Tribunal and
Chief Judicial Magistrate Court,
Virudhunagar District at Srivilliputtur.
2. The General Manager,
Tamil Nadu State Transport Corporation,
Madurai Road,
Virudhunagar District.
3. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.264 of 2019
R.VIJAYAKUMAR,J.
ebsi
C.M.A.(MD)No.264 of 2019
09.06.2023
https://www.mhc.tn.gov.in/judis
