Madras High Court
Tamil Nadu State Transport ... vs Arumugam Chettiar (Died) on 30 June, 2023
C.M.A(MD)Nos.939 of 2016 & 1224 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)Nos.939 of 2016 & 1224 of 2017
C.M.A(MD)No.939 of 2016:
Tamil Nadu State Transport Corporation,
Through its General Manager,
Vannarpet, Tirunelveli-3. ... Appellant/Respondent
Vs.
1.Arumugam Chettiar (Died)
2.Revathi (Died)
3.A.Manikandan
4.A.Balaganesan
5.A.Thangamari ... Respondents/Respondents
(Memo, dated 05.12.2022 filed on 06.12.2022 in USR. No.
34965 is recorded, as the respondents 1 and 2 died and the
respondents 3-5 who are already on record are recorded as
legal heirs of the deceased R1 & R2 vide Court order, dated
20.12.2022)
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, to set aside the award and decree made in
M.C.O.P.No.287 of 2014, dated 11.12.2015 on the file of the Motor
https://www.mhc.tn.gov.in/judis
Accident Claims Tribunal / I Additional District Court, Tirunelveli.
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C.M.A(MD)Nos.939 of 2016 & 1224 of 2017
For Appellant : Mr.P.Prabhakaran
For R3-R5 : M/s.Jenifer Bibin
for Mr.T.Selvakumaran
C.M.A(MD)No.1224 of 2017:
1.Arumugam Chettiar (Died)
2.Revathi (Died)
3.A.Manikandan
4.A.Balaganesan
5.A.Thangamari ... Appellants/Petitioners
Vs.
Tamil Nadu State Transport Corporation,
Through its General Manager,
Vannarpet, Tirunelveli-3. ... Respondent/Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicles Act, to allow this appeal and enhance the award amount
in M.C.O.P.No.287 of 2014 on the file of the Motor Accident Claims
Tribunal, (I Additional District Court), Tirunelveli, dated 11.12.2015.
For Appellants :M/s.Jenifer Bibin
for Mr.T.Selvakumaran
For Respondent : Mr.P.Prabhakaran
https://www.mhc.tn.gov.in/judis
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C.M.A(MD)Nos.939 of 2016 & 1224 of 2017
JUDGMENT
C.M.A(MD)No.939 of 2016 has been filed by the insurance
company challenging the award passed by the Motor Accident Claims
Tribunal, Tirunelveli in M.C.O.P.No.287 of 2014 on the ground of
quantum.
2. A perusal of the grounds of appeal indicates that an award has
been passed by the tribunal for a sum of Rs.17,05,000/-. The appeal has
been filed admitting the liability to an extent of Rs.12,00,000/- and they
have disputed the liability only to an extent of Rs.5,05,000/-.
3. According to the claimants, the deceased was riding a two
wheeler on 08.05.2012 and the bus belonging to the respondent transport
corporation came from the opposite direction in a rash and negligent
manner and dashed against the said two wheeler. In the said accident, the
deceased who was a first year law college student had passed away. The
tribunal had fixed the monthly notional income at Rs.15,000/- and had
ultimately arrived at a compensation under the head of loss of income at
Rs.16,20,000/-. The tribunal has further awarded a sum of Rs.50,000/-
under the head of loss of love and affection, a sum of Rs.5,000/- under
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the head of medical expenses, a sum of Rs.5,000/- towards transport
C.M.A(MD)Nos.939 of 2016 & 1224 of 2017
expenses and a sum of Rs.25,000/- towards funeral expenses. Totally, a
sum of Rs.17,05,000/- has been awarded. This award is under challenge
in the present appeal.
4. According to the learned counsel appearing for the appellant,
the notional income of the first year law college student ought not to
have been taken at Rs.15,000/-. Hence, he prayed for reducing the said
notional income and thereafter, arrive at an award under the head of loss
of income.
5. However, the learned counsel appearing for the
respondents/claimants had brought to the notice of the Court that the
Division Bench of our High Court in a judgment reported in 2018 (2) TN
MAC 407 (K.Bannarisamy & Another Vs. Anbalagan & Others) was
pleased to fix the notional monthly income at Rs.15,000/- for a third year
engineering college student for an accident that has taken place in June
2012.The learned counsel for the respondents further relied upon another
Division Bench judgment of our High Court in C.M.A.Nos.2123 and
2124 of 2016 (M/s.Royal Sundaram Alliance Insurance Company
Ltd., Vs. Raja & Another), dated 19.09.2018. In the said judgment, for
an accident that has taken place in the year 2012, the notional income has
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been taken at Rs.15,000/- for engineering college student. Therefore,
C.M.A(MD)Nos.939 of 2016 & 1224 of 2017
according to the learned counsel appearing for the respondents, the
tribunal was right in fixing the notional income at Rs.15,000/-. However,
he contended that the future prospects of the law college student has not
been taken into consideration by the tribunal and hence, they prayed for
enhancement in his appeal filed in C.M.A(MD)No.1224 of 2017.
6. I have carefully considered the submissions made on either side
and perused the material records.
7. In view of the Division Bench of our High Court in 2018 (2) TN
MAC 407 (K.Bannarisamy & Another Vs. Anbalagan & Others) and
C.M.A.Nos.2123 and 2124 of 2016 (M/s.Royal Sundaram Alliance
Insurance Company Ltd., Vs. Raja & Another), this Court is in
concurrence with the submissions made on the side of the claimants that
the notional income of a law college student could be fixed at Rs.
15,000/- for an accident that has taken in the year 2012. Therefore, there
are no grounds to reduce the said notional income.
8. Considering the fact that the parents have already passed away
and the award amount has to be shared only by elder brother, elder sister
and a younger brother, this Court is not inclined to consider any
https://www.mhc.tn.gov.in/judis
enhancement of the above said compensation. Therefore, in view of the
C.M.A(MD)Nos.939 of 2016 & 1224 of 2017
above said deliberations, both the Civil Miscellaneous Appeals stand
dismissed. No costs.
30.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
To
1.The Motor Accident Claims Tribunal /
I Additional District Court,
Tirunelveli.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
C.M.A(MD)Nos.939 of 2016 & 1224 of 2017
gbg
Judgment made in
C.M.A(MD)Nos.939 of 2016 & 1224 of 2017
30.06.2023
https://www.mhc.tn.gov.in/judis
