A.S. Vanitharani vs The Managing Director
2023 Latest Caselaw 13342 Mad

Citation : 2023 Latest Caselaw 13342 Mad
Judgement Date : 29 September, 2023

Madras High Court

A.S. Vanitharani vs The Managing Director on 29 September, 2023

CMA No. 375 / 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2023

CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN

Civil Miscellaneous Appeal No. 375 of 2023
1.A.S. Vanitharani
2.N. Maharajan
3.M.Monicarani ... Appellants
Versus

The Managing Director,
Tamil Nadu State Transport Corporation (Salem) Limited,
Registered and Administrative Office,
No.12, Ramakrishna Road,
Salem – 636 007. ... 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. 2593 of 2016 dated 19.02.2019 on the file of the Motor Accidents
Claims Tribunal, II Additional District Judge, Salem.
For Appellants : Mr. S.P. Yuaraj.

For Respondent : Mr. D. Nitin.

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.2593 of 2016 dated 19.02.2019.

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CMA No. 375 / 2023

2.The claimants / appellants have filed claim petition stating that on

04.11.2014 at about 07.15 p.m., while the deceased was riding his two wheeler

in a public road, the driver of the bus belonging to the respondent corporation

came in a rash and negligent manner and hit against the vehicle of the deceased

as a result of which, the deceased sustained fatal injuries.

3.The respondent remained ex parte before the Tribunal.

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

Ex.P.17. The respondent neither examined any witness nor marked any

document. Further, Ex.X.1 has also been marked.

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.13,15,200/-.

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

appellants had established that the deceased was working in a Courier company

as a delivery boy, the Tribunal fixed a meagre notional income of Rs.9,000/-

and hence, prayed for enhancement of compensation.

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CMA No. 375 / 2023

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.

9.On perusal of the records, it is seen that the appellants examined PW1,

mother of the deceased to show that the deceased was working as a delivery

boy in a Courier company. Considering the age of the deceased, his avocation

and the year of the accident, this Court is of the view that it would be just and

reasonable to fix Rs.12,000/- per month as notional income. Since the deceased

was aged 29 years at the time of accident, the appellants are entitled to 40%

enhancement towards future prospects and the multiplier applicable is 17.

Since the deceased died as a bachelor, 50% has to be deducted towards personal

expenses. Therefore, the compensation under the head Loss of income would

be Rs.12,000 + Rs.4,800/- (40% of 12,000) = Rs.16,800 X 12 X 17 X 1/2 =

Rs.17,13,600/-. The appellants 1 and 2 are each entitled to Rs.40,000/- under

the head loss of filial consortium and thus, Rs.80,000/- is awarded under the

said head. Since no amount has been awarded towards transport expenses,

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CMA No. 375 / 2023

Rs.5,000/- is awarded under the said head. The award under the other heads are

just and the same are confirmed. Thus, the compensation awarded by 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         12,85,200      17,13,600     Enhanced
                        2.         Loss of filial               ---        80,000       Granted
                                   consortium
                        3.         Transport                    ---         5,000       Granted
                                   expenses
                        4.         Funeral Expenses          15,000        15,000     Confirmed
                        5.         Loss of estate            15,000        15,000     Confirmed
                                   Total                 13,15,200       18,28,600   Enhanced by
                                                                                     Rs.5,13,400/-

10.With the above modification, this Civil Miscellaneous Appeal

is allowed and the compensation awarded by the Tribunal at

Rs.13,15,200/- is hereby enhanced to Rs.18,28,600/-, 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 eight (8) weeks from the date of a

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CMA No. 375 / 2023

receipt of copy of this Judgment. On such deposit, the first and second

appellants are permitted to withdraw Rs.8,14,300/- each and the third