Madras High Court
R.Poomalar vs The Managing Director on 22 November, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
C.M.A No.368 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2023
CORAM
MR.JUSTICE N.SESHASAYEE
C.M.A.No.368 of 2022
1.R.Poomalar
2.V.Rangasamy ... Appellants
Vs.
The Managing Director
Tamilnadu State Transport Corporation
(Villupuram Division -I)
No.3/137, Salamedu, Vazhuthareddy Post,
Villupuram-605 401.
... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Acct, 1988, seeking enhancement of compensation in
MCOP.No.512 of 2019 on the file of the Motor Accidents Claims
Tribunal / Chief Judicial Magistrate, Cuddalore.
For Appellants : Ms.Ramya V. Rao
For Respondent : Mr.S.S.Santhosakumar
https://www.mhc.tn.gov.in/judis
1/6
C.M.A No.368 of 2022
JUDGMENT
The claimants herein are the parents of certain Jeeva who died in a road
accident that took place on 27.02.2019 at around 1.30 p.m. when a bus
bearing Regn.No.TN 32 N 3956 belonging to the respondent Corporation
dashed against the motorcycle bearing Regn.No.TN 31 CA 5058, which
he was riding at the relevant time. Jeeva was 17 years old at the relevant
time and the Tribunal had reckoned 90% negligence on the driver of the
bus and determined the compensation payable to the appellants at
Rs.10,51,560/-. The break up of the award is as below:
Sl. No Description Amount awarded by Tribunal
(Rs)
1. Loss of 10,58,400/-
dependency
2. Loss of 80,000/-
consortium
3. Loss of Estate 15,000/-
4. Funeral expenses 15,000/-
Total 11,68,400/-
10%(-) 10,51,560/-
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2.The major component of the award is the compensation payable under
the head of loss of dependency. The Tribunal had fixed the notional
income of the victim at Rs.7,000/-, to which it added another 40%
towards his future prospects and applied 18 as the multiplier and reduced
it by ½, since the victim was a bachelor. Further, the Tribunal has also
contributed 10% negligence to the victim of the accident. Aggrieved by
the inadequacy of the compensation paid, the claimants are before this
Court with this appeal.
3.The learned counsel for the appellants submitted that the victim was a
student and his prospects of earning a better income could not be
undervalued merely because he died before employable age.
4.Learned counsel for the respondent submitted that the victim was only
a student, and hence the approach of the Tribunal in fixing the notional
monthly income for the victim at Rs.7,000/- is just, fair and reasonable
and does not warrant any interference by this Court.
https://www.mhc.tn.gov.in/judis
5.Rival submissions are considered and appreciated. Fixing the notional
income cannot have a rational basis, but it must appeal to the conscience
of the just thinking as just, fair and reasonable. Late A.P.J.Abdul Kalam
sold newspapers when he was five, but that did not stop him from
becoming the President of this Country. Sachin Tendulkar was born in a
middle class or lower middle class family, but that did not stop him from
becoming Sachin Tendulkar, and there can be any number of such cases.
Therefore, to assess the value of a victim before their personality and
potential have blossomed would be a gross injustice to the dignity of the
very life that has been lost. This is not what the constitution intends
which tries to equate every life in this Country.
6.This Court, given the circumstances, considers that Rs.10,000/- would
be an appropriate notional income which may not only likely to meet the
ends of justice but is also likely to grant a better dignity to the life that
was lost. Therefore, Rs.10,000/- is fixed as the notional monthly income
of the victim, to which another 40% is added towards future prospects,
applying 18 as a multiplier and dividing it by half, with the other half set
aside for the personal expenditure of the victim, amounting to
https://www.mhc.tn.gov.in/judis
Rs.15,12,000/-.The compensation awarded by the Tribunal under other
heads are confirmed. The details are as below:
Sl. Description Amount Amount Award
No awarded by awarded by this confirmed
Tribunal Court (Rs) or enhanced
(Rs) or granted
1. Loss of Rs.10,58,400/- Rs.15,12,000/- enhanced
dependency
2. Loss of Rs.80,000/- Rs.80,000/- confirmed
consortium (Rs.40,000/-
each)
3. Loss of Rs.15,000/- Rs.15,000/- confirmed
Estate
4. Funeral Rs.15,000/- Rs.15,000/- confirmed
expenses
Grand Rs.11,68,400/- Rs.14,70,800/- Enhanced by
Total (deducting10%) (deducting10 % Rs.2,72,160/
=Rs.10,51,560/- -
=Rs.13,23,720/-
7.The appeal is partly allowed and the compensation is enhanced from
Rs.10,51,560/- to Rs.13,23,720/-. The respondent is now required the
deposit the entire sum with interest at 7.5% per annum from the date of
the claim petition till the date of deposit, less any amount already
deposited, within the period of ten (10) weeks from the date of receipt of
N.SESHASAYEE, J.
https://www.mhc.tn.gov.in/judis
Anu
a copy of this judgment. The Tribunal had ordered pay and recover, and
this will apply in equal measure to oppose this award as well. The
appellants are directed to pay the necessary Court Fee, if any, on the
enhanced award amount. No Costs.
22.11.2023
Anu
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
To
Motor Accidents Claims Tribunal
/ Chief Judicial Magistrate, Cuddalore.
https://www.mhc.tn.gov.in/judis
