Madras High Court
Vimala vs Kumar on 4 January, 2024
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
C.M.A.No.2446 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2024
CORAM :
The Hon'ble Mr. Justice Krishnan Ramasamy
C.M.A.No.2446 of 2023
1. Vimala
2. Krishnamoorthy
3. Sathya ... Appellants/Petitioners
Vs.
1. Kumar
2. The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
37, Mettupalayam Road, Coimbatore 641 043.
... Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicle Act, 1988 against the Judgement and Decree dated 20.04.2023
made in MCOP.No.77 of 2019, on the file of the Motor Accident Claims
Tribunal/Subordinate Judge Court, Tiruchengode.
For Appellants : Mr.T.S.Arthanareeswaran
For R1 : Dispensed with vide order
dated 11.10.2023
For R2 : Mr.M.Murali Vinodh
JUDGEMENT
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Challenging as against the quantum of compensation awarded by
the Motor Accident Claims Tribunal, Subordinate Judge Court,
Tiruchengode in M.C.O.P.No.77 of 2019 dated 20.04.2023, the
claimants are before this Court.
2. The brief facts are as follows:-
The appellants/petitioners are the wife, son and daughter of
deceased Muthusamy. On 12.09.2018 at about 12.15 p.m., the first
petitioner/appellant's husband was riding a two wheeler towards
Namakkal to Tiruchengode Main Road, while so, in front of Sri Iyyappa
sound system generator, a bus owned by Tamilnadu State Transport
Corporation bearing Registration No. TN-33 N-2698, driven by its driver
in a rash and negligent manner, dashed against the deceased, as a result
of which, the deceased was thrown away and sustained grievous injuries
all over his body and head. Though he was rushed to the KMCH
Hospital, Coimbatore and taken treatment, later, he died on 14.09.2018.
Thereafter, the appellants have filed a claim petition claiming
compensation of Rs.25,00,000/-.
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3. The learned counsel for the appellants submitted that the
deceased was well at the time of accident and he was earning Rs.15,000/-
per month as a agriculturist and milk vendor. However, the Tribunal has
taken the monthly income at Rs.6,000/-, which is on the lower side, and
the same requires to be reconsidered by this Court as per the law laid
down by the Hon'ble Apex Court. Further, the Tribunal has not awarded
any amount under the heads of “loss of love and affection” and
“transportation” and the same may be awarded. Accordingly, he prays
for appropriate enhancement in favour of the appellants.
4. Per contra, the learned counsel appearing for the second
respondent/Transport Corporation submitted that taking into
consideration the avocation of the deceased, his notional income may be
appropriately fixed by this Court.
5. Heard the learned counsel for the appellants and the learned
counsel appearing on behalf of the second respondent and perused the
materials available on record.
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6. The fact and manner of the accident is not disputed by the
parties. Therefore, this Court is not entering into the said aspect. The only
grievance of the appellants is with regard to the quantum of compensation
awarded by the Tribunal. It is claimed by the appellants that though the
deceased at the age of 64 years, but was earning a sum of Rs.15,000/- as
monthly income, however, without considering the same, the Tribunal
had fixed the notional income at Rs.6,000/-per month. Therefore, this
Court is of the view that the notional monthly income of the deceased
fixed by the Tribunal is very low and it is required to be modified.
Applying the ratio laid down by the Hon'ble Apex Court, this Court feels
it appropriate to fix notional monthly income at Rs.10,000/- per month.
Deducting 1/3rd towards the personal expenses of the deceased, the loss of
income to the family is arrived at Rs.6,667/- per month and the deceased
was aged about 64 years at the time of accident as evidenced from the
records, adopting the multiplier of 7 as fixed by the Apex Court, the loss
of income to the family is arrived at Rs.6,667/-x12x7 = Rs.5,60,028/-,
which is worked out as follows :-
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Loss of Income Amount in
Rs.
Notional income (Per month) 10,000
Less: Personal expenses (1/3rd) (Rs.10,000/- x 3,333
1/3) (Per month)
6,667
Notional income (per annum) (Rs.6,667/-x 12) 80,004
Total 5,60,028
7. A sum of Rs.2,66,715/- granted under the head of "medical
expenses" by the Tribunal stands confirmed. The Tribunal has granted a
sum of Rs.16,500/- under the heads of “loss of estate” and ''funeral
expenses'', which are excessive and the same are reduced to a sum of
Rs.15,000/- each. Further, this Court awarded a sum of Rs.40,000/- each
to the appellants 2 and 3 under the head of ''loss of love and affection''.
The amount of Rs.44,000/- awarded under the head of “loss of
consortium” by the Tribunal, is excessive and the same is reduced to
Rs.40,000/-. No amount has been granted under the head of
“transportation”. Therefore, this Court is inclined to award a sum of
Rs.10,000/- towards “transportation”.
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8. In the above circumstances, the compensation awarded by the
Tribunal is modified as under :-
Heads Awarded by the Awarded by
Tribunal this Court
(Amount in (Amount in
Rs.) Rs.)
Loss of Income 3,36,000/- 5,60,028/-
(enhanced)
Medical expenses 2,66,715/- 2,66,715/-
Loss of love and affection Nil 80,000/-
(to the appellants 2 & 3) (awarded)
Loss of consortium 44,000/- 40,000/-
(reduced)
Funeral expenses 16,500/- 15,000/-
(reduced)
Transportation Nil 10,000/-
Loss of estate 16,500 15,000/-
(reduced)
Total 6,79,715/- 9,86,743/-
comes around
6,80,000/-
9. The appeal is partly allowed and the impugned Award of the
Tribunal is modified by enhancing the compensation amount from
Rs.6,80,000/- to Rs.9,86,743/-. The second respondent/Transport
Corporation is directed to deposit the said amount along with interest and
cost, less the amount already deposited, if any, within a period of six
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weeks from the date of receipt of a copy of this judgment, to the credit of
M.C.O.P.No.77 of 2019 on the file of Subordinate Judge, Tiruchengode.
Upon such deposit being made, the Tribunal is directed to transfer the
entire amount to the respective bank accounts of the claimants, by way of
RTGS, within a period of three weeks from the deposit or from the date
of receipt of the Bank details obtained from the claimants or application
for withdrawal from the claimants, whichever is later. Further, this Court
is directed to deposit a sum of Rs.5,86,743/- to the first claimant, who is
the wife of the deceased; a sum of Rs.2,00,000/- each to the appellant 2
and 3/Legal heirs of the deceased. The appellants/claimants are directed
to pay the necessary Court fee for the enhanced compensation amount, if
required. The Tribunal below shall not disburse the enhanced amount till
such time the certified copy showing proof of payment of Court fee has
been produced by the claimants. No costs.
04.01.2024
Index : Yes / No
NCC : Yes / No
jd
https://www.mhc.tn.gov.in/judis
To
1. The Motor Accident Claims Tribunal,
Subordinate Judge Court,
Tiruchengode.
2. The Section Officer,
V.R. Section,
High Court, Madras.
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Krishnan Ramasamy,J.,
jd
04.01.2024
https://www.mhc.tn.gov.in/judis
