Indira vs The Managing Director
2023 Latest Caselaw 14678 Mad

Citation : 2023 Latest Caselaw 14678 Mad
Judgement Date : 23 November, 2023

Madras High Court

Indira vs The Managing Director on 23 November, 2023

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                                  C.M.A.No.1507 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 23.11.2023

                                                      CORAM:

                                          MR.JUSTICE N.SESHASAYEE

                                              C.M.A.No.1507 of 2022

                     1.Indira
                     2.Vaithiyalingam                                                ... Appellants

                                                          Vs.

                     The Managing Director
                     Tamilnadu State Transport Corporation (division - I) Limited
                     3/137, Salamedu, Vazhuthareddy, Villupuram
                                                                                 ... Respondents

                     PRAYER:This Appeal is filed under Section 173 of Motor Vehicles Act,
                     1988, against the judgment and decree in M.C.O.P.No.564 of 2016, dated
                     02.11.2017, on the file of the Motor Accidents Claims Tribunal / I
                     Additional District Judge, Cuddalore.


                                         For appellants   :     Mrs.Ramya V.Rao
                                         For respondents :      Mr.T.Chandrasekar


                                                   JUDGMENT

Dissatisfied with the perceived inadequacy of compensation awarded in

M.C.O.P.No.564 of 2016 on the file of Motor Accidents Claims Tribunal (I

https://www.mhc.tn.gov.in/judis

Additional District Court), Cuddalore, the claimants are now before this

Court with this appeal.

2.On 09.12.2015, certain Bala @ Santhanakrishnan died, while he was

riding his motorcycle a bus bearing Registration No.TN-32-N-1916

belonging to T.N.S.T.C. dashed it. The victim was 30 years old and was a

bachelor and his mother and brother joined to file the claim petition before

the Tribunal.

3.The victim was a mason and also involved in centering works. The

Tribunal has fixed his monthly income notionally at Rs.6,000/-, to which it

added another 50% towards future prospects and applied 17 as a multiplier

and deducted 50% of the same to arrive at a loss of dependency. For

compensation payable for loss of love and affection the Tribunal had granted

only Rs.20,000/- for each of the claimants and nothing was granted for loss

of estate.

4.Heard both sides.

https://www.mhc.tn.gov.in/judis

5.Taking into account the cost of living in 2016 (the accident happened in

December 2015), this Court deems it appropriate to fix Rs.10,000/- as the

income of the victim. To this 40% needs to be added towards future

prospects to increase in earning. Applying a multiplier of 17 and reducing

the sum arrived by half, net loss of liability to be determined at

R.14,28,000/-, for loss of love and affection Rs.80,000/-, for loss of estate

Rs.15,000/-. Towards funeral expenses this Court confirms Rs.10,000/- as

awarded by the Tribunal.

6.In all, the total compensation payable is Rs.15,33,000/-. The details are

provided in the break up for easy appreciation.




                            Sl.     Amount granted by the        Amount modified by this     Final amount
                                         Tribunal                       Court                granted by this
                           No.
                                                                                                 Court
                            1.    Loss of dependency            Loss of dependency           Rs.14,28,000/-
                                  = Rs.9,18,000/-               = Rs.14,28,000/-
                                  (Rs.6,000/- + 50%             (Rs.10,000/- + 40%

(Rs.3,000/-) = Rs.9,000/- - (Rs.4,000/-) = Rs.14,000/-

                                  50% (Rs.4,500/- x 12 x 17     - 1/2 x 17 x 12 =
                                  =Rs.9,18,000/-                Rs.14,28,000/-)


                            2.    Love and affection =          Love and affection =           Rs.80,000/-
                                  Rs.20,000/-                   Rs.80,000/-
                            3.               -                  Loss of estate                 Rs.15,000/-

https://www.mhc.tn.gov.in/judis

Sl. Amount granted by the Amount modified by this Final amount Tribunal Court granted by this No. Court

4. For Transport and Funeral - Rs.10,000/-

expenses = Rs.10,000/-

Total Rs.9,48,000/- Enhanced Rs.5,85,000/- Rs.15,33,000/-

7.In fine, this appeal stands allowed.

(i) This Court enhances a compensation payable from Rs.9,48,000/- to

Rs.15,33,000/-.

(ii) The respondent / Tamil Nadu State Transport is now required to deposit

Rs.15,33,000/- (Rupees Fifteen Lakhs Thirty Three Thousand only) with

interest at 7.5%, less any amount which it may have deposited to the credit

of M.C.O.P.No.564 of 2016, on the file of Motor Accidents Claims Tribunal

(I Additional District Court), Cuddalore, within a period of twelve (12)

weeks from the date of receipt of a copy of this order.

(iii) On such deposit, the claimants are entitled to withdraw the entire

compensation along with interest as per existing rules on filing necessary

https://www.mhc.tn.gov.in/judis

application before the Tribunal after the payment of court fee for the

enhanced compensation, if any.