Madras High Court
The Managing Director vs Baby on 26 June, 2023
C.M.A(MD)No.335 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.335 of 2018
and
C.M.P(MD)No.4548 of 2018
The Managing Director,
Tamil Nadu State Transport Corporation,
Periyamilaguparai,
District Collector's Office Road,
Trichy. ... Appellant/Respondent
Vs.
1.Baby
2.Minor.Girish Krithik Deepak
3.Chinnu
4.Murugayee ... Respondents/Petitioners
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, to set aside the judgment and decree passed by the
Motor Accident Claims Tribunal, Sub Court, Kulithalai in M.C.O.P.No.
32 of 2014, dated 16.03.2016.
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C.M.A(MD)No.335 of 2018
For Appellant : Mr.D.Sivaraman
For Respondents : Mr.N.Sudhagar Nagaraj
JUDGMENT
The present appeal has been filed by the transport corporation
challenging the award in M.C.O.P.No.32 of 2014 on the file of Motor
Accident Claims Tribunal, Kulithalai on the ground of quantum.
2. A perusal of the grounds indicates that the award has been
passed for a sum of Rs.23,19,300/- and the present appeal has been filed
admitting the liability to an extent of Rs.10,00,000/- and challenging the
balance award amount.
3. The deceased was 39 years old Civil Engineer, who was holding
a diploma in Civil Engineer and drawing a salary of Rs.20,000/- per
month when he met with an accident and passed away on 15.12.2013.
The tribunal has taken into consideration the monthly income at Rs.
15,000/- as per Exhibit P.4/salary certificate and the evidence of P.W.3.
The tribunal has further added 30% towards future prospects. The
tribunal has finally awarded a sum of Rs.24,57,000/- under the head of
loss of income. A sum of Rs.50,000/- has been awarded towards loss of
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C.M.A(MD)No.335 of 2018
consortium and a sum of Rs.25,000/- to the minor son towards loss of
love and affection, a sum of Rs.10,000/- to each one of the claimants 3
and 4 towards loss of love and affection. Totally, a sum of Rs.25,77,000/-
has been awarded. Thereafter, 10% has been deducted towards income
tax and as a final outcome, a sum of Rs.23,19,300/- has been awarded.
This award is under challenge in the present appeal by the transport
corporation challenging the quantum.
4. According to the learned counsel appearing for the appellant,
there is no proof whatsoever that the deceased was drawing a sum of
Rs.15,000/- per month. That apart, 30% should not have been added
towards future prospects and only 25% should have been added. Hence,
he prayed for allowing the appeal and to reduce the quantum under the
above said heads.
5. Per contra, the learned counsel appearing for the respondent
pointed out that the total income arising out of the award amount does
not attract 10% deduction towards income tax. However, the tribunal has
chosen to deduct income tax. Therefore, over all award of the tribunal
may be confirmed.
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C.M.A(MD)No.335 of 2018
6. Considering the fact that the deceased was a Diploma holder in
civil engineering and had died at the age of 44 years, the fixation of
notional income based on the salary certificate marked as Exhibit P.4,
this Court is of the opinion that the fixation of income at Rs.15,000/- per
month is not excessive. Considering the fact that the deceased was in a
permanent employment in a construction company, the tribunal was right
in adding 30% towards future prospects. Therefore, this Court is not
inclined to disturb the total award amount. The appeal lacks merits.
7. Hence, the Civil Miscellaneous Appeal stands dismissed. No
costs. Consequently, connected Civil Miscellaneous Petition is closed.
26.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.335 of 2018
To
1.The Motor Accident Claims Tribunal,
Sub Court,
Kulithalai.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.335 of 2018
R.VIJAYAKUMAR,J.
gbg
Judgment made in
C.M.A(MD)No.335 of 2018
26.06.2023
https://www.mhc.tn.gov.in/judis
