Madras High Court
Kannagi vs The Managing Director on 15 June, 2023
C.M.A.No.478 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2023
CORAM:
THE HONOURABLE MRS. JUSTICE N.MALA
C.M.A.No.478 of 2022
1.Kannagi
2.Mani ... Appellants
Vs.
The Managing Director
Tamil Nadu State Transport Corporation Ltd.
Villupuram division - II
Rangapuram, Vellore - 9. ... Respondent
Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles
Act, 1988 praying against the judgment and decree dated 17.09.2019 made in
M.C.O.P.No.675 of 2017 on the file of the I Additional District and Sessions Court,
Vellore.
For Appellants : Mr.C.Prabakaran
For Respondent : Mr.T.Chandrasekaran
JUDGMENT
The appeal is filed by the appellants/claimants for enhancement of
compensation granted by the Tribunal in the award dated 17.09.2019 made in
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C.M.A.No.478 of 2022
M.C.O.P.No.675 of 2017 on the file of the I Additional District and Sessions Court,
Vellore.
2. The brief facts leading to the appeal are that, on 08.12.2012 at about 6.45
p.m., while the deceased Karthik was travelling as a passenger in a Government bus
bearing Registration No.TN 23 N 1796 belonging to the respondent/Transport
Corporation, from Ranipet to Arcot Road, the driver of the bus stopped the bus at
Rajeshwari junction bus stop and after some passengers got down from the bus,
suddenly started the bus without noticing that the deceased Karthik was trying to
board the bus. The deceased lost balance, fell down from the front side steps and got
stuck in the back wheels of the bus, suffered grievous injuries and later succumbed to
the same. According to the claimants, the parents of the deceased Karthik, he was
aged 18 years at the time of accident and as a Mason, he was earning a sum of
Rs.15,000/- per month. Therefore, the claimants filed the Claim Petition claiming a
sum of Rs.30,00,000/- as compensation.
3. Before the Claims Tribunal, the respondent/Transport Corporation filed a
counter denying all the averments raised in the Claim Petition apart from disputing
negligence, liability and quantum of compensation.
4. Before the Claims Tribunal, in support of their claim, the 1 st appellant/1st
claimant, mother of the deceased examined herself as P.W.1, the eye-witness was
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C.M.A.No.478 of 2022
examined as P.W.2 and Exs.P1 to P5 were marked. On the side of the respondent,
driver of the bus was examined as R.W.1 and no documentary evidence was marked.
5. The Claims Tribunal, on an assessment of the entire evidence on record,
found that the deceased Karthik had contributed to the accident by trying to board the
running bus and therefore, fixed 10% & 90% negligence on the part of the deceased
and driver of the bus respectively and awarded a sum of Rs.8,79,500/- as
compensation along with 7.5% interest. Not satisfied with the quantum of
compensation awarded by the Claims Tribunal, the appellants/claimants have filed the
present appeal for enhancement of compensation.
6. Learned counsel for the appellants submitted that he was not disputing the
finding on negligence arrived by the Tribunal. In view of the submissions made, the
finding of the Tribunal that the deceased Karthik had contributed to the accident and
apportionment of negligence at 10% against the deceased is not interfered with.
7. In so far as the quantum of compensation is concerned, the learned counsel
for the appellants submitted that the deceased was aged 18 years at the time of
accident and was earning a sum of Rs.15,000/- per month as a Mason and therefore,
the assessment of notional income by the Tribunal at Rs.6,000/- per month was very
meagre. The counsel further submitted that the appellants are entitled to Rs.40,000/-
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C.M.A.No.478 of 2022
each towards loss of love and affection 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 Tribunal failed to award any sum towards
loss of estate. On these grounds, the learned counsel prayed for enhancement of
compensation.
8. 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.
9. I have heard the learned counsel for the appellants and the learned counsel
for the respondent and perused the materials available on record.
10. The short point that arises in this appeal is whether the appellants/claimants
are entitled for enhancement of compensation.
11. It is not disputed that the deceased Karthik was aged 18 years at the time of
accident and was working as a Mason. The Tribunal in the absence of any evidence
with regard to income of the deceased, fixed the notional income at Rs.6,000/- per
month. No doubt, there is no proof in support of the income of the deceased. In any
event, considering the cost escalation for the year 2012 and age of the deceased, I am
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C.M.A.No.478 of 2022
of the view that the notional income of the deceased can be fixed at Rs.9,000/- per
month. 40% is added towards future prospects, as the deceased died as a bachelor at
the time of accident and 50% is deducted towards personal expenses. The multiplier
'18' is adopted appropriate to the age of the deceased. Hence, the compensation
awarded by the Tribunal towards loss of dependency is modified to Rs.13,60,800/-
(Rs.6,300/- X 12 X 18).
12. Learned counsel for the appellants is justified in his contention that the
appellants, parents of the deceased are entitled to Rs.40,000/- each towards loss of
love and affection. Therefore, the award of the Tribunal under the head 'loss of love &
affection' deserves to be enhanced from Rs.50,000/- to Rs.80,000/-. The Tribunal did
not award any sum towards loss of estate. But the Tribunal has awarded Rs.5,000/-
towards transport expenses and therefore, the same is enhanced to Rs.15,000/-. The
Tribunal awarded a sum of Rs.15,000/- towards funeral expenses and the same is
reasonable and hence, it is confirmed.
13. 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 dependency Rs.9,07,200/- Rs.13,60,800/-
2. Loss of love & affection Rs.50,000/- Rs.80,000/-
(Rs.40,000/- X 2)
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C.M.A.No.478 of 2022
S.No. Various Heads Award of the Tribunal Award of this Court
3. Funeral expenses Rs.15,000/- Rs.15,000/-
4. Transport expenses Rs.5,000/- Rs.15,000/-
Rs.14,70,800/-
Total Compensation Rs.9,77,200/-
90% negligence fixed on the Rs.8,79,480/- rounded Rs.13,23,720/-
Transport Corporation off to Rs.8,79,500/- enhanced compensation
amount Rs.4,44,220/-
The appellants are entitled to total compensation of Rs.13,23,720/- along with interest
at the rate of 7.5% per annum (excluding the default period, if any) from the date of
petition till the date of deposit.
14. It is submitted by the learned counsel for the respondent/Transport
Corporation that the entire amount awarded by the Tribunal along with accrued
interest and costs was already deposited before the Tribunal. In view of the said
submission, there shall be a direction to the respondent/Transport Corporation to
deposit the balance enhanced compensation of Rs.4,44,220/- along with 7.5%
interest, less the amount already deposited, if any, within a period of eight 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 same, as per the apportionment
fixed by the Tribunal, less the amount if any, already withdrawn, by making proper
application before the Claims Tribunal.
15. The appeal is accordingly partly allowed. There shall be no order as to costs.
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C.M.A.No.478 of 2022
15.06.2023
Index:Yes/No
Speaking Order :Yes/No
Neutral Citation:Yes/No
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To
1. I Additional District and Sessions Judge
The Motor Accidents Claims Tribunal
Vellore.
2.The Section Officer,
V.R.Section,
High Court, Madras.
N.MALA.J.,
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C.M.A.No.478 of 2022
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C.M.A.No.478 of 2022
15.06.2023
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