Madras High Court

Kamatchi vs The Managing Director on 9 August, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

CMA.No.2679 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2024

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA

C.M.A.No.2679 of 2023

1. Kamatchi
2. Minor Saravanan
3. Minor Santhiya
4. Minor Sathees
(Minor 2nd to 4th Appellants represented
by their mother Kamatchi as Natural
Guardian and next friend)
5. Kaliyaperumal

6. Pushpa ... Appellants

vs.
The Managing Director,
Metropolitan Transport Corporation Limited,
Pallavan House, Anna Salai,
Chennai -2. ...
Respondents

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 19.10.2022 in
M.C.O.P.No.613/2018 on the file of the Motor Accident Claims Tribunal,
IV Court of Small Causes, Chennai.

1/9
https://www.mhc.tn.gov.in/judis
CMA.No.2679 of 2023

For Appellants : Mrs.A.Subadra
For Respondent : Mr.M.Murali Vinodh
JUDGMENT

The appellants are the claimants in M.C.O.P.No.613/2018 on

the file of the Motor Accident Claims Tribunal, IV Court of Small Causes,

Chennai. They filed the claim petition under Section 166 of the Motor

Vehicles Act, 1988 seeking compensation of Rs.65,00,000/- for the death

of one Srinivasan, (the husband of the first claimant, father of the

claimants 2 to 4 and son of the claimants 5 and 6) in a road accident

which happened on 23.12.2017.

2. The brief case of the appellants / claimants is as follows :

On 23.12.2017 at about 6.45 a.m., Srinivasan (deceased) was

attempting to cross the road near Urapakkam junction on Chengalpatu -

Tambaram GST Road. At that time, a speeding bus bearing Registration

number TN-01-N-5055 belonging to the respondent, Metropolitan

Transport Corporation Limited, hit the said Srinivasan, as a result of

which he sustained injuries all over his body. He was immediately rushed

to the Government Hospital, Chengalpattu for treatment, however he

succumbed to the injuries on the same day.

https://www.mhc.tn.gov.in/judis

3. According to the claimants, the rash and negligent driving of

the driver of the bus bearing Registration Number TN-01-N-5055

belonging to the respondent was the cause of the accident and therefore,

the respondent is liable to pay compensation.

4. The Tribunal, after analysing the evidence on record,

awarded a compensation of Rs.23,81,500/- together with interest at the

rate of 7.5% per annum from the date of petition till the date of realisation,

vide its orders dated 19.10.2022.

5. Aggrieved over the quantum of compensation awarded by the

Tribunal, the appellants / claimants have filed the present appeal under

Section 173 of the Motor Vehicles Act, seeking enhancement of

compensation amount.

6. Heard Mrs.A.Subadra, learned counsel appearing for the

appellants and Mr.M.Murali Vinodh, learned counsel for the second

respondent.

https://www.mhc.tn.gov.in/judis

7. Mrs.A.Subadra, learned counsel appearing for the appellants

contended that the deceased was a mason, aged 37 years on the date of the

accident and that the Tribunal had fixed a very meagre sum of Rs.11,000/-

as his monthly notional income. She therefore prayed for enhancing the

income of the deceased.

8. Per contra Mr.M.Murali Vinodh, learned counsel appearing

for the respondent, contended that the Award passed by the Tribunal is

based on the well laid principles of law which were in vogue at the time of

passing of the order and therefore, the same need not be disturbed at this

stage.

9. It is seen from the records that the claimants, though in their

claim petition had stated that the deceased was earning a sum of

Rs.30,000/- per month, did not adduce any acceptable evidence to

substantiate the same. Therefore, the Tribunal fixed the notional income

of the deceased as Rs.11,000/-. The accident took place in the year 2017

and the deceased was aged just 37 years on the date of accident.

https://www.mhc.tn.gov.in/judis

10. Considering the facts and circumstances, this Court is of the

opinion that fixing notional monthly income of the deceased at

Rs.15,000/- would meet the ends of justice. As per the decision of the

Supreme Court of India in National Insurance Co. vs Pranay sethi and

others reported in 2017 (2) TNMAC 601, 40% should be added towards

future prospects of the deceased. Since there are six dependents, 1/4th of

the deceased's income should be deducted towards his personal expenses.

The proper multiplier to be adopted in the instant case is 15 as per the

decision rendered in Sarla Verma and others vs. Delhi Transport

Corporation and another reported in (2009) 6 SCC 121.

Calculation :

Notional Income = Rs.15,000/-

40% Future Prospects = Rs.6,000/-

Total = Rs.15,000/- + Rs.6,000/- = Rs.21,000/-

After 1/4 deduction = Rs.15,750/-

Loss of dependency :

= Rs.15,750/- x 12 x 15

= Rs.28,35,000/-

https://www.mhc.tn.gov.in/judis

In addition to that the claimants are entitled to Rs.40,000/-, Rs.15,000/-

and Rs.15,000/- and Rs.5,500/- for Loss of Consortium, Loss of Estate

and Funeral Expenses and Transportation respectively as per the decision

in National Insurance Co. vs Pranay sethi and others (cited supra).

Thus, the claimants are entitled to a total compensation of Rs.31,10,500/-

( 28,35,000 + 2,40,000 + 15000 + 15000 + 5,500 = 31,10,500) which is

extracted here under.

                                       S.No.               Head         Amount granted
                                                                         by this court
                                  1.           Loss of dependency        Rs.28,35,000 /-
                                  2.           Loss of consortium         Rs.2,40,000/-
                                               (Rs.40,000/- x 6)
                                  3.           Funeral expenses           Rs.15,000/-
                                  4.           Loss of Estate             Rs.15,000/-
                                  5.           Transportation              Rs.5,500/-
                                  Total                                  Rs.31,10,500/-

11. Thus, the compensation awarded by the Tribunal is

enhanced from Rs.23,81,500/- to Rs.31,10,500/- which would carry

interest at the rate of 7.5% per annum.

https://www.mhc.tn.gov.in/judis

12. In the result,

i. The Civil Miscellaneous Appeal is partly allowed. No costs.

ii. The compensation awarded by the Tribunal is enhanced from

Rs.23,81,500/- to Rs.31,10,500/-.

iii. The appellants / claimants are directed to pay court fee for the

enhanced compensation amount, if any, within a period of four

weeks from the date of this order and the Registry is directed to

draft the decree only after receipt of the Court fee.

iv. The respondent, the Metropolitan Transport Corporation Limited, is

directed to deposit the enhanced compensation amount i.e.,

Rs.31,10,500/- (less the amount already deposited) together with