G. Gowthami vs The Managing Director
2023 Latest Caselaw 13340 Mad

Citation : 2023 Latest Caselaw 13340 Mad
Judgement Date : 29 September, 2023

Madras High Court

G. Gowthami vs The Managing Director on 29 September, 2023

CMA No. 2326 / 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2023

CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

Civil Miscellaneous Appeal No. 2326 of 2023
1.G. Gowthami
2.Venkatesan ... Appellants
Versus

The Managing Director,
Tamil Nadu State Transport Corporation Limited,
(Villupuram Division, Villupuram),
Rangapuram, Vellore. ... Respondent

PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.
No. 352 of 2016 dated 19.06.2018 on the file of the Motor Accidents
Claims Tribunal, II Additional District and Sessions Judge, Ranipet,
Vellore.
For Appellants : Mr. C. Prabakaran.

For Respondent : Mr. S.S. Santhosakumar.

JUDGMENT

The claimants have preferred the instant appeal seeking

enhancement of compensation in the award passed by the Tribunal in

M.C.O.P. No.352 of 2016 dated 19.06.2018.

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CMA No. 2326 / 2023

2.According to the claimants / appellants, on 15.08.2016 at about 4

p.m., while the minor girl child and one Sumathi were travelling in a two

wheeler as pillion riders in a public road, the driver of the bus belonging

to the respondent corporation came in a rash and negligent manner and

dashed the two wheeler, as a result of which, the minor child sustained

fatal injuries and the said Sumathi sustained grievous injuries. Hence,

two claim petitions were filed viz., one for the compensation for the

injuries of the suffered by Sumathi and the other for compensation of the

death of the minor child. The instant appeal relates to the death of the

minor child.

3. The respondent filed a counter stating that the accident took

place due to the negligence of the rider of the two wheeler; and that in

any case, the compensation claimed was excessive and prayed for

dismissal of the appeal.

4.The appellants examined PW1 and PW2 and marked Ex.P.1 to

Ex.P.12. The respondent examined RW1 and marked Ex.R.1.

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CMA No. 2326 / 2023

5.The Tribunal after taking into consideration the oral and

documentary evidence held that the accident took place due to the

negligence of the driver of the bus belonging to the respondent and

directed the respondent to pay a compensation of Rs.3,25,230/- to the

appellants.

6.The learned counsel for the appellants submitted that the

compensation awarded by the Tribunal is meagre. The learned counsel

submitted that approach of the Tribunal in fixing the annual income at

Rs.15,000/- and adopting multiplier 18 is erroneous and the Tribunal

ought to have fixed higher annual income and ought to have adopted

multiplier 15.

7. The learned counsel for the respondent, per contra, submitted

that the compensation awarded by the Tribunal is just and reasonable and

no interference is called for.

8.The only question that arises for consideration in the instant

appeal is whether the compensation awarded by the Tribunal is just and

reasonable.

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CMA No. 2326 / 2023

9.On perusal of the records, it is seen that the finding of the

Tribunal as regards negligence is not challenged by the respondent. As

regards compensation, it is seen that the deceased in the instant case was

aged 2½ years at the time of the accident. This Court has taken a

consistent view, in such circumstances, that the annual income of the

deceased minor child can be fixed between Rs.45,000/- to Rs.60,000/-.

In the instant case, this Court is of the view that it would be just and

reasonable to fix Rs.50,000/- as notional income per annum and the

multiplier applicable is 15. Therefore, the compensation under the head

pecuniary loss would be Rs.7,50,000/- (Rs.50,000 X 15). The appellants

are each entitled to Rs.40,000/- under the head loss of love and affection

and the same is enhanced to Rs.80,000/-. It is seen that the Tribunal had

awarded Rs.10,000/- towards funeral expenses and the same is enhanced

to Rs.15,000. Since no amount has been awarded towards loss of estate,

Rs.15,000/- is awarded under the said head. The award under the head

Medical bills is just and the same is confirmed. Thus, the compensation

awarded by the Tribunal is modified as follows:





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                                                                                    CMA No. 2326 / 2023


                        S.         Description        Amount            Amount      Award
                        No                           awarded by       awarded by confirmed or
                                                      Tribunal         this Court enhanced or
                                                        (Rs)              (Rs)      granted
                        1.         Pecuniary loss         2,70,000       7,50,000     Enhanced
                        2.         Loss of Love             40,000        80,000      Enhanced
                                   and Affection
                        3.         Funeral                  10,000        15,000      Enhanced
                                   Expenses
                        4.         Medical bills             5,230         5,230      Confirmed
                        5.         Loss of Estate               ---       15,000       Granted
                                   Total                  3,25,230       8,65,230 Enhanced by
                                                                                  Rs.5,40,000/-.

10.With the above modification, this Civil Miscellaneous Appeal

is partly allowed and the compensation awarded by the Tribunal at

Rs.3,25,230/- is hereby enhanced to Rs.8,65,230/-, 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/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 six (6) weeks from the date of a receipt of copy of this

Judgment. On such deposit, the appellants are permitted to withdraw

their respective shares of the award amount along with proportionate

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CMA No. 2326 / 2023