Madras High Court
Pappathi vs The Managing Director on 19 September, 2023
C.M.A.No.2613 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2023
CORAM :
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.2613 of 2022
1. Pappathi,
2. Rangan ...Appellants/Petitioners
Vs.
The Managing Director,
Tamil Nadu State Transport Corporation
(Salem Division – I), Ltd.,
No.12, Ramakrishna Road, Salem,
Salem District – 636 007. ...Respondent/Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, seeking to enhancement of compensation in the order
dated 13.10.2022 made in MCOP.No.1361 of 2015, on the file of
MACT/Additional District Court at Namakkal,
For Appellants : Mr.M.Lokesh
For Respondent : M/s.D.Nithin
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C.M.A.No.2613 of 2022
JUDGMENT
The claimants have filed the instant appeal seeking enhancement of
compensation.
2. The appellants filed a claim petition before the Tribunal stating that
on 25.10.2015, at about 1:00 P.M, while the deceased was travelling in
his two wheeler bearing Reg.No.TN 30 BY 6859, a Government bus bearing
Reg.No.TN 30 N 0056 belonging to the respondent/TNSTC came in a rash
and negligent manner from behind and hit the vehicle of the deceased, as a
result of which, the deceased sustained fatal injuries.
3. The respondent/Transport Corporation filed a counter stating that the
accident did not take place due to the negligence of the bus driver; and that in
any case, the compensation claimed was excessive.
4. The first appellant had examined himself as P.W.1 and an
eye-witness as P.W.2 and marked twelve documents as Exs.P1 to P12.
The driver of the bus was examined as R.W.1 and no document was filed on
behalf of the respondent.
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C.M.A.No.2613 of 2022
5. The Tribunal after taking into consideration the oral and
documentary evidence held that the accident took place due to the negligence
of the bus driver and awarded a total compensation of Rs.15,45,000/- to the
appellants.
6. The learned counsel for the appellants submitted that though the
appellants had established that the deceased was a second year B.Com.,
student, the Tribunal fixed very meagre notional income of Rs.10,000/-
and prayed for enhancement of compensation.
7. The learned counsel for the respondent, per contra, submitted that
the Tribunal had awarded just and reasonable compensation and no
interference is called for in the award of the Tribunal.
8. Heard the learned counsel appearing for the appellants as well as the
respondent and perused the materials available on record.
9. The only question involved in the instant appeal is whether the
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C.M.A.No.2613 of 2022
compensation awarded by the Tribunal is just and reasonable?
10. It is seen from the records that the appellants had established the
fact that the deceased was a college going student. They had marked Exs.P6
and P7/the college fee receipt and the ID card of the deceased. Considering
the fact that the deceased was a college going student, year of the accident
and his age, this Court is of the view that it would be just and reasonable to
fix the notional income of the deceased as Rs.13,000/. The deceased was
aged 20 years at the time of the accident and hence, the appellants are entitled
to enhancement of 40% towards future prospects and the multiplier
applicable is ''18''. Since the deceased was bachelor at the time of the
accident, half of his notional income has to be deducted towards his personal
expenses. Thus, the compensation awarded under the head ''Loss of Income''
is calculated as follows:-
Rs.13,000/- +Rs.5200 (40% of Rs.13,000) X 12 X 18 X 1/2 =Rs.19,65,600/-
11. The Tribunal had awarded only Rs.16,500/- towards ''Loss of Love
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C.M.A.No.2613 of 2022
and Affection. The appellants are each entitled to Rs.40,000/- under the said
head and the same is enhanced from Rs.16,500/- to Rs.80,000/-. The Tribunal
had not awarded any compensation under the head ''Loss of Estate'', hence,
the same is awarded as Rs.15,000/-. The amount of Rs.16,500,/- awarded
towards ''Funeral Expenses'' is on the higher side and hence, the same is
reduced to Rs.15,000/-. Thus, the compensation awarded by the Tribunal is
enhanced from Rs.15,45,000/- to Rs.20,75,600/-, break-up as follows :-
Sl. Description Amount Amount Award
No awarded by awarded by confirmed
Tribunal this Court or enhanced
(Rs) (Rs) or granted
1. Loss of Income 15,12,000/- 19,65,600/- Enhanced
2. Loss of Love and 16,500/- 80,000/- Enhanced
Affection (40,000/- X 2)
3. Funeral Expenses 16,500/- 15,000/- Reduced
4. Loss of Estate --- 15,000/- Granted
Total 15,45,000/- 20,75,600/- Enhanced
by
Rs.5,30,600/
-
12. With the above modification, this Civil Miscellaneous Appeal is
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C.M.A.No.2613 of 2022
partly allowed and the compensation awarded by the Tribunal at
Rs.15,45,000/- is hereby enhanced to Rs.20,75,600/- together with interest at
the rate of 7.5% per annum (excluding the default period if any) from the date
of petition till the date of deposit. The respondent/Transport Corporation 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 eight (8) weeks from the date of receipt of a copy of this Judgment.
On such deposit, the appellants are permitted to withdraw their share of the
award amount along with proportionate interest and costs, less the amount if
any, already withdrawn. The appellants are directed to pay the necessary
Court Fee, if any, on the enhanced award amount. No costs.
19.09.2023
dk
Index: Yes/No
Neutral Citation: Yes / No
Copy To:-
1.The Additional District Court
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C.M.A.No.2613 of 2022
Motor Accident Claims Tribunal
Namakkal.
2. The Section Officer,
VR Section,
High Court of Madras,
Chennai.
SUNDER MOHAN, J.
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C.M.A.No.2613 of 2022
dk
C.M.A.No.2613 of 2022
19.09.2023
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