Madras High Court
Wasee Munissa vs The Managing Director on 1 September, 2023
C.M.A. No.999 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2023
CORAM :
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.999 of 2023
1.Wasee Munissa
2.Nisha Begum
3.Akram Khan
4.Mohammed Umar Khan (Minor)
rep.by mother and next fried and next
guardian Wasee Munissa ... Appellants
Vs.
The Managing Director,
Metropolitan Transport Corporation Ltd.,
Pallavan Illam,
Chennai – 600 002 ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 20.11.2019 in
M.A.C.T.O.P. No.5881 of 2015 on the file of the Principal Special Judge,
Special Court under E.C. and NDPS Act ( Motor Accident Claims Tribunal)
at Chennai.
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C.M.A. No.999 of 2023
For Appellants : Mr.K.Ayyadurai
For Respondent : Mr.M.Murali Vinodh
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the appellants
challenging the quantum of compensation awarded by the Tribunal in the
order dated 20.11.2019 in M.A.C.T.O.P. No.5881 of 2015 on the file of the
Principal Special Judge, Special Court under E.C. and NDPS Act ( Motor
Accident Claims Tribunal) at Chennai.
2. By consent of the learned counsel appearing for the appellant as well
as Mr.M.Murali Vinoth, learned counsel, who takes notice for the respondent,
the appeal is taken up for final disposal at the admission stage itself.
3. The appellants had filed the above said claim petition claiming a
sum of Rs.40,00,000/- as compensation for the death of Mustafa Khan who
died in the accident that took place on 09.07.2015.
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C.M.A. No.999 of 2023
4. The Tribunal, considering the oral and documentary evidence held
that the accident occurred due to rash and negligent driving by driver of the
bus belonging to the respondent and directed the respondent to pay a sum of
Rs.15,78,000/- as compensation to the appellants. Aggrieved by the said
award, the appellants have preferred the present appeal seeking enhancement
of compensation.
5. The learned counsel appearing for the appellants submitted that
though the appellants had established that the deceased was doing sand
business and earning a sum of Rs.40,000/- per month, the Tribunal had fixed
a very low notional income of Rs.9,000/- per month including future
prospects; that the Tribunal had also not awarded any amount towards loss of
filial consortium to the appellants 2 & 3 and parental consortium to the 4th
appellant, in the manner determined by the Hon'ble Apex Court and prayed
for allowing the appeal.
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C.M.A. No.999 of 2023
6. The learned counsel appearing for the respondent, per contra
submitted that in the absence of any documentary evidence to prove the
avocation and income of the deceased, the Tribunal rightly awarded
compensation which is just and reasonable and prayed for dismissal of the
appeal.
7. Heard the learned counsel appearing for the appellants as well as the
respondent and perused the materials available on record.
8. The only question involved in the instant appeal is whether the
compensation awarded by the Tribunal is just and reasonable.
9. On a perusal of the records, it is seen that the accident took place i
the year 2015. PW1, the wife of the deceased had deposed that the deceased
was doing sand business but no document was produced to prove the
avocation and income of the deceased. The deceased was survived by his
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C.M.A. No.999 of 2023
wife, minor son and his parents. Considering the age, avocation, year of
accident and the cost inflation index, this Court is the view that it would be
just and reasonable to fix a sum of Rs.13,000/- per month as notional income
of the deceased. The deceased was aged 25 years t the time of accident. And
hence the appellants are entitled to 40% enhancement towards future
prospects, the applicable multiplier is 18. Thus, the compensation towards
loss of dependency is arrived as follows -
13000 + 5200 (13000 x 40%) x 12 x 18 x 3/4 = Rs.29,48,400/-
The Tribunal has awarded a sum of Rs.20,000/- each to the appellants 2 & 3
towards loss of love & affection which is meagre. The appellants 2 & 3 who
are the parents of the deceased are entitled to a sum of Rs.40,000/- each
towards filial consortium. The amount of Rs.20,000/- awarded by the
Tribunal towards loss of love & affection to the 4th appellant is meagre and
the same is enhanced to Rs.40,000/- under the head parental consortium. The
Tribunal has not awarded any amount towards loss of estate. The appellants
are entitled to a sum of Rs.15,000/- under the said head. The amounts
awarded by the Tribunal under other heads is reasonable and hence the same
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C.M.A. No.999 of 2023
are confirmed.
S. No Description Amount Amount Award
awarded by awarded by confirmed or
Tribunal this Court (Rs) enhanced or
(Rs) granted
1. Loss of 14,58,000/- 29,48,400/- Enhanced
dependency
2. Loss of Estate - 15,000/- Granted
3. Loss of consortium 40,000/- 40,000/- Confirmed
to 1st appellant
4. Funeral expenses 20,000/- 20,000/- Confirmed
5. Loss of filial 40,000/- 80,000/- Enhanced
consortium to
appellants 2 & 3
6. Loss of parental 20,000/- 40,000/- Enhanced
consortium to 4th
appellant
Total 15,78,000/- 31,43,400/- Enhanced by
Rs.15,65,400/-
10. With the above modification, this Civil Miscellaneous Appeal is
partly allowed and the compensation awarded by the Tribunal at
Rs.15,78,000/- is hereby enhanced to Rs.31,43,400/- together with interest at
7.5% per annum (excluding the default period, if any) from the date of
petition till the date of deposit. Out of the award amount now determined by
this Court, the 1st appellant is entitled to a sum of Rs.12,00,000/-, the
appellants 2 & 3 are each entitled to a sum of Rs.5,00,000/- and the fourth
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C.M.A. No.999 of 2023
appellant is entitled to a sum of Rs.9,43,400/-. The respondent is directed to
deposit the award amount, now determined by this Court along with interest
and costs, less the amount already deposited, if any, within a period of six (6)
weeks from the date of a receipt of copy of this Judgment. On such deposit,
the appellants 1 to 3 are permitted to withdraw their share of the award
amount along with proportionate interest and costs, less the amount if any,
already withdrawn. The share of the minor fourth appellant is directed to be
deposited in any one of the Nationalised Bank, till he attains majority. The 1 st
appellant, mother of the 4th appellant is permitted to withdraw the accrued
interest, once in three months. The appellants are directed to pay the
necessary Court Fee, if any, on the enhanced award amount. No costs.
01.09.2023
rgr
Index: Yes/No
Speaking Order / Non-Speaking Order
Neutral Citation: Yes / No
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C.M.A. No.999 of 2023
SUNDER MOHAN, J.
rgr
To
1. The Principal Special Judge,
Special Court under E.C. and NDPS Act,
Motor Accident Claim Tribunal,
Chennai.
2.The Section Officer,
VR Section, High Court,
Madras.
C.M.A. No.999 of 2023
Dated: 01.09.2023
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