Madras High Court
Kaliammal vs The Managing Director on 30 November, 2023
Author: M.Dhandapani
Bench: M.Dhandapani
C.M.A.No.1184 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.M.A.No.1184 of 2020
1.Kaliammal
2.Aadhimoolam
3.Mariappan
4.Rani
5.Govindasamy
6.Krishnasamy ... Appellants
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
No.37, Mettupalayam Road,
Coimbatore. ... Respondent
Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to allow the civil miscellaneous appeal and set
aside the judgment and decree made in M.C.O.P.No.762 of 2018 dated
01.10.2019 on the file of the Motor Accidents Claims Tribunal (Special
District Judge), Dharmapuri and enhance the award.
For Appellants : Mr.S.Sathiaseelan
For Respondent : Mr.M.Arun
for Mr.A.Sundaravadhanam
1/8
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C.M.A.No.1184 of 2020
JUDGMENT
This appeal has been filed by the appellants/ claimants
challenging the judgment and decree passed in M.C.O.P.No.762 of
2018 dated 01.10.2019 on the file of the Motor Accidents Claims
Tribunal (Special District Judge), Dharmapuri.
2.The brief facts of the case is that on 18.04.2018 at about
3.15p.m., the deceased Chinnakolandai was riding the two wheeler
bearing Registration No.TN 29 D 1328 along with his wife Kaliammal as
a pillion rider from Krishnapuram to M.Oddapatty Road near
Jokiarkottai. At that time the Bus bearing Registration No.TN 38 N
1912 belonging to the TNSTC came in a rash and negligent manner
towards Krishnapuram and dashed against the two wheeler, due to
which, the deceased lost his life.
3.Thereafter, the dependants of the deceased Chinnakolandai/
appellants/ claimants filed claim petition before the Motor Accidents
Claims Tribunal, claiming a sum of Rs.15 Lakhs as compensationn.
After adjudication, the Tribunal awarded a sum of Rs.5,08,800/- as
compensation along with interest at the rate of 7.5% per annum from
the date of petition till the date of deposit and costs. Aggrieved by the
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same, the claimants have preferred this appeal seeking enhancement
in compensation.
4.The learned counsel appearing for the appellants submitted
that the deceased was an Agriculturist and was earning more than
Rs.20,000/- per month. The Hon'ble Apex Court in Syed Sadiq case
fixed Rs.6,500/- as the notional income of the vegetable vendor in the
year 2008. In the present case, the accident is of the year 2018,
however, the Tribunal has fixed only a sum of Rs.6,000/- as the
notional monthly income of the deceased and awarded compensation,
which is very meagre. Hence, the appellants are entitled for
enhancement in compensation.
5.The learned counsel appearing for the respondent Transport
Corporation submitted that the claimants have not produced any proof
for the income of the deceased. Further, the compensation amount
awarded by the Tribunal is just and reasonable and warrants no
interference.
6.Heard the learned counsel appearing for the appellants as well
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as the learned counsel appearing for the respondent and perused the
materials available on record.
7.Admittedly, on 18.04.2018 at about 3.15 p.m., the deceased
Chinnakolandai was riding the two wheeler along with his wife
Kaliammal as a pillion rider from Krishnapuram to M.Oddapatty Road
near Jokiarkottai. At that time the Bus belonging to the TNSTC came
in a rash and negligent manner towards Krishnapuram and dashed
against the two wheeler, due to which, the deceased lost his life.
8.The accident and the manner in which the accident happened
are not disputed. The only dispute is with regard to the quantum of
compensation awarded by the Tribunal.
9.The Tribunal after elaborately discussing the factual aspects
awarded a sum of Rs.2,70,000/- for compensation for pecuniary loss,
Rs.15,000/- for funeral expenses, Rs.40,000/- for consortium,
Rs.15,000/- for loss of estate, Rs.1,47,000/- for medical expenses,
Rs.21,800/- for transport charges and arrived at a total compensation
of Rs.5,08,800/- with interest at the rate of 7.5% p.a. from the date of
petition till the date of deposit.
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10.The Hon'ble Apex Court in Syed Sadiq case fixed Rs.6,500/-
as the notional monthly income of the vegetable vendor in the year
2008. In the present case, the accident is of the year 2018. Hence,
this Court fix Rs.10,000/- as the notional monthly income of the
deceased and ¼ of the amount has to be deducted towards his
personal expenses. The deceased was aged 70 years at the time of
death and the Tribunal has rightly adopted the multiplier 5. Hence, the
actual compensation for pecuniary loss works out to Rs.4,50,000/-
[Rs.7,500/- X 12 X 5 = Rs.4,50,000/-]. This Court is of the opinion
that some amount has to be awarded for love and affection.
Accordingly, this Court awards a sum of Rs.2,40,000/- [Rs.40,000/-
each] for love and affection. The amount awarded under the head
funeral expenses and loss of estate, in the opinion of this Court, are
low and this Court is inclined to enhance the amount awarded under
the said heads. Accordingly, the amount awarded for funeral expenses
is enhanced to Rs.20,000/- from Rs.15,000/- and the amount awarded
for loss of estate is enhanced to Rs.20,000/- from Rs.15,000/-. The
amount awarded under the heads medical expenses and transport
charges are confirmed. Since this Court has awarded amount under
the head loss of love and affection, the amount awarded under the
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head, loss of consortium is deleted.
11.Accordingly, the compensation amount is re-assessed as
follows:
S.No. Description Amount Awarded Amount Awarded
by the Tribunal by this Court
1. Compensation for pecuniary Rs.2,70,000/- Rs.4,50,000/-
loss
2. Funeral Expenses Rs. 15,000/- Rs. 20,000/-
3. Loss of consortium Rs. 40,000/- ---
4. Medical expenses Rs.1,47,000/- Rs.1,47,000/-
5. Love and affection --- Rs.2,40,000/-
6. Transport charges Rs. 21,800/- Rs. 21,800/-
7. Loss of estate Rs. 15,000/- Rs. 20,000/-
Total Rs.5,08,800/- Rs.8,98,800/-
12.The claimants are entitled to total compensation of
Rs.8,98,800/- along with interest at the rate of 7.5% p.a. with interest
at the rate of 7.5% p.a. from the date of petition till the date of
deposit.
13.The civil miscellaneous appeal is partly allowed. The
judgment and decree passed in M.C.O.P.No.762 of 2018 dated
01.10.2019 by the Motor Accidents Claims Tribunal (Special District
Judge), Dharmapuri, is modified to the above extent.
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14.The respondent Transport Corporation is directed to deposit
the modified/ enhanced award amount before the Tribunal within a
period of six weeks from the date of receipt of a copy of this judgment,
less the amount if any, already deposited. On such deposit being
made, the appellants/ claimants are permitted to withdraw their
respective shares as apportioned by the Tribunal, along with accrued
interest and proportionate costs, after deducting the amount already
withdrawn, if any, on making proper and necessary application before
the Tribunal. The appellants/ claimants shall not be entitled to any
interest for the period of delay, if any, in filing the appeal. The
appellants/ claimants are directed to pay the requisite Court fee for the
enhanced compensation amount, if required. The Motor Accidents
Claims Tribunal (Special District Judge), Dharmapuri, shall disburse the
enhanced amount upon production of certified copy showing proof of
payment of Court fee by the appellants/ claimants.
15.The civil miscellaneous appeal is partly allowed. No costs.
30.11.2023
pri
Index: Yes/ No
Speaking Order: Yes/ No
NCC: Yes/ No
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M.DHANDAPANI,J.
pri
To
1.The Motor Accidents Claims Tribunal (Special District Judge),
Dharmapuri.
30.11.2023
https://www.mhc.tn.gov.in/judis
