Madras High Court
Velayutham vs Karnataka State Road on 26 June, 2023
C.M.A.(MD).No.1095 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.1095 of 2014
1. Velayutham
2. Pasamalar ... Appellants/Petitioners
-vs-
Karnataka State Road,
Transport Corporation,
having its Central Office,
at Bangalore. ... Respondent/
Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988, against the fair and decretal order dated 06.12.2012 passed
in M.C.O.P.No.201 of 2010, on the file of the Motor Accident Claim
Tribunal/Additional Sub Court, Kumbakonam.
For Appellants : Mr.K.M.Karunakaran
For Respondent : Mr.D.Sivaraman
JUDGMENT
The present Civil Miscellaneous Appeal has been filed by the claimants
seeking enhancement of the award passed in M.C.O.P.No.201 of 2010, on the
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C.M.A.(MD).No.1095 of 2014
file of the Motor Accident Claims Tribunal/Additional Sub Court,
Kumbakonam.
2. According to the claimants, the deceased was a M.Tec (EEC) student
aged about 22 years and she was a pillion rider in a two wheeler. On
06.09.2009 the respondent/Transport Corporation vehicle was driven in a rash
and negligent manner and dashed against the two wheeler, in which, she
sustained grievous injuries and succumbed to the said injuries.
3. The respondent/Transport Corporation had filed a counter disputing
the manner of accident, negligence and the quantum of compensation prayed
for.
4. The Tribunal, after considering the oral and documentary evidence,
has arrived at a finding that the accident has taken place only due to the rash
and negligent driving on the part of the driver of the respondent Corporation.
The Tribunal further found that the Transport Corporation is liable to pay the
compensation.
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C.M.A.(MD).No.1095 of 2014
5. As far as the quantum of compensation is concerned, the Tribunal
had taken the notional monthly income at Rs.12,000/- (Rupees Twelve
Thousand only) and deducted 50% towards personal expenses and arrived at
a sum of Rs.10,08,000/- (Rupees Ten Lakhs and Eight Thousand only) under
the head of loss of income. The Tribunal further awarded a sum of Rs.
40,000/- (Rupees Forty Thousand only) towards loss of love and affection, a
sum of Rs.5,000/- (Rupees Five Thousand only) towards Transportation
charges and a sum of Rs.5,000/- (Rupees Five Thousand only) towards
funeral expenses. Totally, a sum of Rs.10,58,000/- (Rupees Ten Thousand and
Fifty Eight Thousand only) was awarded. This award is under challenge in the
present appeal filed by the claimants seeking enhancement.
6. According to the learned counsel appearing for the appellants, the
Tribunal has not taken into consideration the future prospects of the deceased
who was a M.Tech (EEC) student. He further contended that there are two
claimants each one of them should have been awarded a sum of Rs.40,000/-
towards loss of love and affection. He further contended that the
compensation under the head of loss of estate, funeral expenses and transport
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C.M.A.(MD).No.1095 of 2014
expenses are to be enhanced.
7. Per contra, the learned counsel appearing for the respondent/
Transport Corporation had contended that the deceased was a M.Tec Student
and therefore, the Tribunal was right in fixing the notional monthly income as
Rs.12,000/- and there is no scope for any claim of addition in future
prospects. Hence, he prayed for confirming the award passed by the Tribunal.
8. I have carefully considered the submissions made by the learned
counsel on either side.
9. Considering the fact that the deceased was aged about 22 years and
she was a P.G student pursuing a professional Course, this Court is of the
opinion that 40% should be added towards future prospects. If 40% is added
and 50% is deducted under the heads of personal expenses, the Total
compensation under the head of loss of income would be at (Rs.8,400x18x12)
is Rs.18,14,400/-(Rupees Eighteen Lakhs Fourteen Thousand and Four
Hundred only). As rightly contended by the learned counsel for the
appellants, a sum of Rs.40,000/- (Rupees Forty Thousand only) to each one of
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C.M.A.(MD).No.1095 of 2014
the claimants is to be awarded under the head of loss of love and affection.
10. In view of the above said deliberations, the award amount is
modified to the following effect:
Loss of income : Rs.18,14,400/-
Loss of Love and Affection
(40,000x2) : Rs. 80,000/-
Loss of estate : Rs. 15,000/-
Funeral Expenses : Rs. 15,000/-
Transportation Expenses : Rs. 10,000/-
Total : Rs.19,34,400/-
11. Therefore, the award of the Tribunal is modified from
Rs.10,58,000/- to Rs.19,34,400/- (Rupees Nineteen Lakhs Thirty Four
Thousand and Four Hundred only) and the award amount will carry interest at
the rate of 7.5% per annum, from the date of claim petition. The Transport
Corporation is directed to deposit the balance amount within a period of eight
weeks from the date of receipt of a copy of this order.
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C.M.A.(MD).No.1095 of 2014
12. This Civil Miscellaneous Appeal is partly allowed to the extent as
stated above. There shall be no order as to costs.
26.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Motor Accident Claim Tribunal/
Additional Sub Court,
Kumbakonam.
2. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.(MD).No.1095 of 2014
R.VIJAYAKUMAR,J.
ebsi
C.M.A.(MD)No.1095 of 2014
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.1095 of 2014
26.06.2023
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