Madras High Court
Kalyani vs Tamil Nadu State Transport Corporation ... on 13 August, 2024
C.M.A.(MD)No.934 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 13.08.2024
CORAM :
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A(MD)No. 934 of 2024
1.Kalyani
2.K.Muthukumaran ... Appellants/Petitioners
Vs.
1.Tamil Nadu State Transport Corporation Limited,
Rep. By its Managing Director,
Kumbakonam ... 1st Respondent/1st Respondent
2.Rajini ..2nd Respondent/2nd Respondent
(Exparte before Court below hence notice dispense with for R2)
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the
Motor Vehicles Act, 1988 to modify the judgment and decree dated
16.10.2003 made in MCOP.No.519 of 2002 on the file of the Motor
Accidents Claims Tribunal, Principal Sub Court, Kumbakonam.
For Appellants : Mr.S.Sivathilakar
For R1 : Mr.S.Micheal Heldon Kumar
JUDGMENT
The claimants in M.C.O.P.No.519 of 2002 on the file of the Motor
Accidents Claims Tribunal (the Principal Sub Court) Kumbakonam, are
the appellants. They are particularly aggrieved by the inadequate
compensation granted by the Tribunal.
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2. The appellants filed the claim petition stating that on 24.02.2002
while the deceased was travelling in a cycle, the bus belonging to the 1st
respondent Corporation came in a rash and negligent manner and dashed
against the cycle of the deceased and caused his death.
3. The 1st respondent filed a counter stating that the accident was
not due to the negligence of their driver and that in any case, the
compensation claim is excessive.
4. Before the Tribunal, the appellants examined 2 witnesses and
marked Ex.P.1 to Ex.P.5. The respondents examined R.W.1 and no
document was marked on the side of the respondents. The Tribunal, after
taking into consideration the oral and documentary evidence, awarded a
total compensation of Rs.2,27,800/- to the appellants.
5. The learned counsel for the appellants submitted that the
compensation awarded by the Tribunal requires enhancement as the
Tribunal has taken a very meagre notional income of Rs.1950/- per
month and that the amounts awarded under the other heads are also
meagre.
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6. The learned counsel for the 1st respondent strongly opposed the
claim stating that the appeal itself has been filed with the delay of 3095
days and the accident took place in the year 2002 and the notional
income fixed by the Tribunal is just and reasonable and prayed for
dismissal of this appeal.
7. This Court has carefully considered the rival submissions and
perused the records.
8. The only specific issue that has to be considered in the instant
appeal is whether the notional income fixed by the Tribunal is just and
reasonable to arrive the amount under the head of loss of income and
whether the amounts awarded under other heads are in accordance with
law.
9. The appellants had established the fact that the deceased was
working as a Paper Boy and Watchman through the evidence of P.W.1.
The Tribunal had taken into consideration Rs.1950/- per month as
notional income. This Court is of the view that even though the accident
took place in the year 2002, the notional income fixed by the Tribunal is
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meagre. In the facts and circumstances of the case, this Court is of the
view that it would be reasonable to fix Rs.3000/- per month as notional
income. After deducting1/3rd towards personal expenses and by applying
multiplier '13' the compensation amount under the head loss of income
would come to (Rs.3000 – 1000 X 13 X 12) Rs.3,12,000/- (Rupees Three
Lakhs and Twelve Thousand only). This Court is of the view that the
amount awarded under the other heads namely, for funeral expenses Rs.
5,000/-, for loss of love and affection Rs.10,000/- and for loss of
consortium Rs.10,000/- are justified and hence, confirmed. After
enhancing the amount under the head loss of income, total compensation
amount come to Rs.3,37,000/-, the same is tabulated herein under:
Sl. Heads of Amount Amount Award
No. Compensation awarded by awarded by confirmed
Tribunal (Rs.) this Court or
(Rs.) enhanced
or granted
1. Loss of income 2,02,800.00 3,12,000.00 Enhanced
2. Funeral expenses 5,000.00 5,000.00 Confirmed
3. For loss of love 10,000.00 10,000.00 Confirmed
and affection
4. Loss of 10,000.00 10,000.00 Confirmed
consortium
Total : 2,27,800.00 3,37,000.00 Enhanced
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10. This Court has earlier condoned the delay in filing the appeal
on condition that the interest should be waived for the period of 3095
days. It is now represented by the learned counsel for the 1st respondent
that though the award was passed in the year 2002, no steps were taken
to number the appeal as there was a delay in re-presentation as well. It is
seen that there is substantial delay on the part of the appellants.
Therefore, it would be just and reasonable to restrict the interest payable
to the appellants. In view of the delay caused by the appellants, they
would not be entitled to interest from 01.01.2005. The 1st respondent
Transport Corporation shall deposit the enhanced compensation within a
period of four weeks from the date of receipt of a copy of this order. The
claimants are entitled to the enhanced compensation in the ratio as
apportioned by the Tribunal. The claimants are entitled to withdraw the
compensation amount herein fixed by this Court with interest at the rate
of 7.5% per annum from the date of claim petition till 31.12.2004.
11. In fine, this Civil Miscellaneous Appeal is partly allowed. No
costs.
13.08.2024
Index : Yes / No
Neutral Citation : Yes / No
CM
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To
1. Motor Accidents Claims Tribunal, Principal Sub Court, Kumbakonam.
2. The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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SUNDER MOHAN, J.
CM
Judgment made in
13.08.2024
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