Madras High Court
Saleth Mary vs M/S.Tamil Nadu State Transport on 8 January, 2024
C.M.A.(MD)No.1155 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 14.12.2023
PRONOUNCED ON : 08.01.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.1155 of 2017
1.Saleth Mary
2.Reegan ... Appellants / Claimants
Vs.
M/s.Tamil Nadu State Transport
Corporation Ltd.,
Erode. ... Respondent / Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, against the Judgment and decree dated 03.03.2016
passed in M.C.O.P.No.960 of 2015 on the file of the Special District
Judge / Motor Accidents Claims Tribunal, Trichirappalli and seeking
enhancement of compensation of Rs.10,00,000/- (Rupees Ten Lakhs only).
1/11
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1155 of 2017
For Appellants : Mr.N.Sudhagar Nagaraj
For Respondent : Mr.K.Ramaiah
JUDGMENT
This Civil Miscellaneous Appeal has been directed against the
Judgment and decree dated 03.03.2016 passed in M.C.O.P.No.960 of 2015
on the file of the Special District Judge / Motor Accidents Claims Tribunal,
Trichirappalli by the appellants / claimants challenging the quantum of the
award.
2. For the sake of convenience, the parties are referred herein as per
their rank before the Trial Court.
3. The brief facts in a nutshell are as follows:
(i) This is a fatal case. On 14.05.2015 at about 21.30 Hrs, the
deceased one Ravichandran alias Alex was driving his Motor cycle bearing
registration No.TN 81 A 1461 returning from Kangeyam in Tiruppur
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District to Trichy. One Thangamalaiyali / co-worker was also travelled
along with him as pillion rider. While the deceased was riding his
motorcycle, keeping his left side i.e., in the north side of Karur – Trichy
Main road, coming from west to east, near Kudil in Thirupparaithurai in
Karur - Trichy main road, the respondent's TNSTC bus bearing registration
No. TN 74 N 1533 in high speed from the opposite direction i.e., from east
to west suddenly came towards right side and dashed against the
petitioner's motorcycle. As a result of the said collusion, both the deceased
and the pillion rider were thrown away and sustained multiple and fatal
injuries. The deceased sustained fatal injuries on his head, neck and both
legs and was taken to the Government Hospital, Trichy. However, he died
while getting treatment in Government Hospital, Trichy on the same day.
The postmortem of the deceased was done on the next day. At the time of
the accident, the deceased was 26 years old and was working as a welder in
a company namely M.M.Truss Fabrication & Erectors, Trichy-1, earned
Rs.20,000/- (Rupees Twenty Thousand only) per month.
(ii) Hence, the legal heirs of the deceased Ravichandran alias Alex /
claimants have filed M.C.O.P.No.960 of 2015 on the file of the Special
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District Judge / Motor Accidents Claims Tribunal, Trichirappalli seeking
compensation for the loss of life of the deceased Ravichandran alias Alex.
The 1st petitioner is the mother of the deceased. The 2 nd petitioner is the
brother of the deceased. The respondent had fied a counter refuting the
allegations setforth in the claim petition.
(iii) After considering the oral and documentary evidence and the
arguments submitted by the respective parties, the Tribunal framed two
issues. The learned Tribunal proceeded to conclude that the accident had
happened only because of the rash and negligence of the driver of the
respondent's bus. Hence, the learned Tribunal has fixed the liability on the
part of the respondent and also awarded a sum of Rs.6,93,000/- (Rupees
Six Lakhs and Ninety Three Thousand only) as compensation with interest
at 7.5% p.a. from the date of petition to till the date of realisation. The
details of the compensation awarded by the Tribunal are as follows:
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S.No. Description Amount
1. Loss of dependency Rs. 6,48,000/-
2. Loss of love and affection Rs. 20,000/-
3. Funeral expenses and Transport Rs. 25,000/-
Total Rs.6,93,000/-
Aggrieved by that award, the claimants have filed the present appeal
seeking enhancement.
4. The learned counsel for the appellants / claimants has submitted
that the Tribunal has awarded a very low and meagre sum of compensation.
At the time of occurrence in the year 14.05.2015, the deceased namely
Ravichandran alias Alex was working as a welder and earned Rs.20,000/-
(Rupees Twenty Thousand only) per month. At the time of the accident, the
deceased was 25 years old. The learned Counsel appearing for the
appellants / claimants further submitted that the time of argument before
the Tribunal the appellants proved the employment of deceased. The
employer of the company namely P.W-4 Sahayaraj also examined before
the Tribunal. Salary certificate also marked in Ex.P-8. But the Tribunal
mechanically fixed the amount at Rs.6,000/- (Rupees Six Thousand only)
as monthly income. Apart from that in the above said Rs.6,000/- (Rupees
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Six Thousand only), 50% was deducted for personal expenses, since he
was bachelor. Unfortunately, the Tribunal did not add the future prospects
of the deceased.
5. The learned Counsel appearing for the appellants/claimants
further submitted that in case that the appellants having not filed the
authentic document for income in respect of deceased as well as other
related documents to prove the income of the deceased, the Apex Court as
well as Madras High Court have repeatedly held that, regarding the
persons working in unorganized sector while determining income the
Tribunal shall follow certain factors as stated in the Syed Sadiq case
2014(1) TNMAC 495 (SC). Also the Hon'ble Division Bench of Madras
High Court delivered a judgment in a similar issue reported in 2019 (1)
TNMAC page 54 (DB) High Court of Madras Andal Vs. Avinav Kannan
and another. The Madras High Court followed the Apex Court Judgment
reported in Syed Sadiq case. The Madras High Court fixed the notional
income to be increased corresponding to cost of living, prices of essential
commodities and inflation. The Apex Court further considered cost of
Inflation Index issued by Central Board of Direct Tax. Therefore, High
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Court evolved a formula for determining the notional income of the
deceased.
6. Per contra, the learned counsel appearing for the respondent/
State Transport Corporation has submitted that the Tribunal had considered
all the relevant materials and evidence on record and came to the right
conclusion and awarded a just, fair and reasonable compensation. Hence,
the order of the Tribunal is in accordance with law and the same has to be
confirmed.
7. Heard the learned counsel on either side and perused the
materials available on record. On the side of the claimants, five witnesses,
P.W.1 to P.W.5 were examined and documents Ex.P1 to Ex.P10 were
marked. On the side of the respondents, neither witness was examined nor
document was marked.
8. After hearing rival submissions, I am inclined to modify the
notional income as followed by the judgment in Syed Sadiq case 2014(1)
TNMAC 495 (SC). In this case, considering the above formula, the income
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is as follows:
Cost of inflation index for the year 2015-16 is 254.
Rs.6,500 * 254
Therefore, income of the deceased = --------------------- = Rs.12,798/-
Rs.12,798 * 40% (deceased age below 40 years)
As per Pranay Sethi Constitution Bench Judgment in the year 2017
Add: For future prospects = Rs.5,119/-
Rs.12,798 + Rs.5,119 = Rs.17,917/-
Deduction for personal expenses of deceased (50%), since he was bachelor
Rs.17,917*1
--------------------- = Rs.8,958/-
Rs.8,958 * 12 * 17 (multiplier) = Rs.18,27,432/- (Loss of income)
Other heads Rs.70,000/-
9. Considering all the above circumstances, the award passed by the
Tribunal is modified as follows:
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S. Description Amount Amount Award
No. awarded by the awarded by confirmed
Tribunal this Court or
Rs. Rs. enhanced
1. Loss of dependency Rs. 6,48,000/- Rs.18,27,432/- enhanced
2. Loss of love and Rs. 20,000/- Rs. 45,000/- enhanced
affection
3. Funeral expenses Rs. 25,000/- Rs. 25,000/- confirmed
and Transport
Total Rs.6,93,000/- Rs.18,97,432/- Enhanced
10. In the result, this Civil Miscellaneous Appeal is partly allowed
and the compensation awarded by the Tribunal at Rs.6,93,000/- (Rupees
Six Lakhs Ninety Three Thousand only) is hereby enhanced to Rs.
18,97,432/- (Rupees Eighteen Lakhs Ninety Seven Thousand Four
Hundred and Thirty Two only).
11. The respondent/ State Transport Corporation is directed to
deposit the enhanced compensation amount with accrued interest and costs
to the credit of M.C.O.P.No.960 of 2015 on the file of the Special District
Judge / Motor Accidents Claims Tribunal, Trichirappalli, within a period of
eight weeks (8) from the date of receipt of copy of this judgment, less the
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amount, if any already deposited. On such deposit, the claimants are
permitted to withdraw the said amount, less the amount, if any already
withdrawn, by making necessary application before the Tribunal. The
appellant is directed to pay necessary Court fee, if any, on the enhanced
compensation. No costs.
08.01.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
Sml
To
The Special District Judge /
Motor Accidents Claims Tribunal,
Trichirappalli.
Copy to
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.,
Sml
08.01.2024
https://www.mhc.tn.gov.in/judis
