Radha vs Managing Director
2023 Latest Caselaw 12672 Mad

Citation : 2023 Latest Caselaw 12672 Mad
Judgement Date : 19 September, 2023

Madras High Court

Radha vs Managing Director on 19 September, 2023

CMA No. 2081 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2023

CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

Civil Miscellaneous Appeal No. 2081 of 2023
1. Radha
2. Minor Deepalakshmi
(Minor Deepalakshmi represented by her
guardian Ravi) ... Appellants

Versus

1. Managing Director,
Karnataka State Road Transport Corporation,
Bangalore Division, K.H.Road,
Shanthi Nagar,
Bangalore -560 027,
Karnataka State. ... Respondent

PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the

Motor Vehicles Act, 1988 against the Judgment and Decree dated

14.02.2020 made in M.C.O.P. No. 576 of 2017 on the file of the Motor

Accidents Claims Tribunal, Special Sub Judge, Thiruvannamalai.

For Appellants : Ms.Sunithi Abirami
for M/s.F.Terry Chella Raja

For Respondent : Mr. T.Thiyagarajan

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CMA No. 2081 of 2023

JUDGMENT

The claimants have filed the instant appeal seeking enhancement of

the compensation awarded by the tribunal.

2. The appellants have filed the claim petition stating that on

09.08.2016 at about 8.45pm, while the deceased was travelling in a two

wheeler, the bus belonging to the respondent came in a rash and negligent

manner from behind and dashed the vehicle of the deceased, as a result of

which, the deceased sustained fatal injuries.

3. The respondent filed the counter denying the averments made in

the claim petition and stated that the accident took place only due to the

negligence of the deceased; that in any case, the compensation claimed by

the appellants, was excessive and prayed for dismissal of the claim

petition.

4. The appellants examined 3 witnesses on their side as PW1 to

PW3 and marked Ex.P1 to Ex.P9. The respondent examined RW1, the

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CMA No. 2081 of 2023

Conductor of the bus and no document was marked.

5. The tribunal after taking into consideration the oral and

documentary evidence, awarded a total compensation of Rs.11,60,052/-

to the appellants.

6. The learned counsel for the appellants submitted that though the

avocation of the deceased was established through Ex.P7 and Ex.P8, the

tribunal had taken a meagre notional income of Rs.8,000/- per month and

therefore, prayed for enhancement of the compensation.

7. The learned counsel for the respondent per contra submitted

that the award of the tribunal is just and reasonable as the appellants

have neither established the avocation nor the income of the deceased and

prayed for dismissal of the appeal.

8. The only question involved in the instant appeal is whether the

compensation awarded by the tribunal is just and reasonable?

9. The tribunal has taken up the notional income of Rs.8,000/- per https://www.mhc.tn.gov.in/judis

CMA No. 2081 of 2023

month. The wife of the deceased/1st appellant had examined herself as

PW1 and had deposed before the tribunal that her husband was working

as an Agricultural coolie and also doing part-time real estate business.

Considering the age of the deceased, his avocation, the number of

dependents and the year of accident i.e., 2016, this Court is of the view

that it would be just and reasonable to fix Rs.12,000/- as the monthly

notional income of the deceased. Since the deceased was aged 49 years

at the time of the accident, the appellants are entitled to 25% future

prospects and the multiplier applicable is '13'. Therefore, the loss of

income would be Rs.12,000/- + Rs. 3,000/- (25% of Rs.12,000/-) =

Rs.15,000/- x 12 x 13 x 2/3 (1/3rd deducted towards personal expenses)

i.e., Rs. 15,60,000/-.

10. The award under the other heads are just and the same are

confirmed. Thus, the award of the Tribunal is modified as follows;

                       S.              Description          Amount      Amount      Award
                       No                                  awarded by awarded by confirmed or
                                                            Tribunal   this Court enhanced or
                                                              (Rs)        (Rs)      granted
                        1. Loss of Income                    10,40,052   15,60,000   Enhanced
                        2. Loss of spousal consortium          40,000       40,000   Confirmed
                        3. Loss of love and affection to       50,000       50,000   Confirmed

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                                                                                 CMA No. 2081 of 2023


                              2nd appellant/minor
                              daughter
                        4. Loss of estate                     15,000       15,000      Confirmed
                        5. Funeral expenses                   15,000       15,000      Confirmed
                              Total                        11,60,052 16,80,000/- Enhanced by
                                                                                 Rs.5,19,948/-

11.With the above modification, this Civil Miscellaneous Appeal

is partly allowed and the compensation awarded by the Tribunal at

Rs.11,60,052/- is hereby enhanced to Rs.5,19,948/- together with interest

at 7.5% per annum (excluding the default period if any) from the date of

petition till the date of deposit. 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 1st appellant is entitled to Rs.8,80,000/- and the 2nd

appellant/minor is entitled to Rs.8,00,000/- . The 1st appellant is

permitted to withdraw her share, along with proportionate interest and

costs, less the amount if any, already withdrawn. The share of the minor