Madras High Court
Paramaraku Selvam vs Tamil Nadu State Transport Corporation ... on 16 October, 2024
C.M.A.(MD) No.1280 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
C.M.A.(MD) No.1280 of 2024
1.Paramaraku Selvam,
2.Sappani,
3.Thalavaiammal,
4.Minor.Anitha.
(Represented through her mother and next guardian
1st appellant herein) ... Appellants
Vs.
Tamil Nadu State Transport Corporation Limited,
Through its Managing Director,
Bye pass road,
Madurai. ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, against the judgement and decree dated 01.04.2013
passed in M.C.O.P.No.743 of 2010, on the file of the Motor Accidents
Claims Tribunal, II Additional District Judge, Tirunelveli.
For Appellants : Mr.T.Selvakumaran
For Respondent : Mr.K.A.Thirumalaiappan
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Page No. 1 of 7
C.M.A.(MD) No.1280 of 2024
JUDGMENT
The claimants had filed the appeal seeking enhancement of the
compensation.
2. Since the findings on negligence and liability are not under
challenge, the facts leading to the filing of the claim petition are
unnecessary for the disposal of the appeal.
3. The learned counsel for the appellants submitted that the
deceased was working as a tailor, which is corroborated by the evidence
of P.W.1/wife of the deceased; that the Tribunal had fixed meagre
notional income of Rs.4,500/- p.m.; and that the compensation towards the
‘loss of consortium’ is meagre and hence prayed for enhancement.
4. The learned counsel for the respondent, per contra, submitted that
the award of the Tribunal is just and reasonable and no interference is
called for.
5. The only point for consideration in the instant appeal is ‘whether
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the quantum of compensation awarded by the Tribunal is just and
reasonable?’
6. Though the first appellant/claimant examined himself as P.W.1 to
establish that the deceased was working as a tailor, no documents have
been produced either to prove his avocation or income of the deceased.
The Tribunal had fixed the notional income of Rs.4,500/- p.m.
Considering the year of accident (2010), avocation and age of the
deceased and the number of dependents, this Court is of the view that the
notional income for the deceased can be fixed at Rs.5,500/- p.m. He is
entitled to 40% enhancement towards future prospects as he was aged 32
years at the time of the accident. Therefore, the compensation under the
head loss of income has to be Rs.5,500/- + Rs.2,200/- (40%) x 12 x 17 x
¾ (¼ deducted towards personal expenses since there are four
dependents) = Rs.11,78,100/-.
7. The Tribunal had awarded Rs.20,000/- as ‘loss of consortium’ to
the first appellant and Rs.10,000/- each towards ‘loss of affection’ for the
first and fourth appellants and Rs.5,000/- each towards ‘loss of affection’
for the second and third appellants. This Court is of the view that the said
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award is not in accordance with the guidelines issued by the Hon'ble
Supreme Court. The appellants are each entitled to Rs.40,000/- under the
head ‘loss of consortium’. Hence, the same is enhanced to Rs.1,60,000/-.
Thus, the compensation awarded by the Tribunal is enhanced as follows:
Sl. Description Amount Amount Award
No awarded by the awarded by this confirmed,
Tribunal Court enhanced or
granted
1 Loss of income Rs. 6,88,500/- Rs. 11,78,100/- Enhanced
2 Loss of consortium Rs. 50,000/- Rs. 1,60,000/- Enhanced
and loss of affection
3 Funeral expenses Rs. 10,000/- Rs. 10,000/- Confirmed
Total Rs. 7,48,500/- Rs.13,48,100/- Enhanced by
Rs.5,99,600/-
8. The respondent/Transport Corporation is directed to deposit the
enhanced compensation amount of Rs.13,48,100/- (Rupees Thirteen
Lakhs Forty Eight Thousand and One Hundred only) together with
interest at 7.5% p.a., from the date of the claim petition till the date of
realization (excluding the period of dismissal for default if any) and
proportionate costs, less the amount already deposited, if any, within a
period of twelve (12) weeks from the date of receipt of a copy of this
order.
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9. On such deposit, the appellants 1 to 3/claimants are permitted to
withdraw their share amount with interest and costs, as per the
apportionment fixed by the Tribunal, less the amount already withdrawn,
if any, by filing appropriate application before the Tribunal. The
appellants/claimants are directed to pay the necessary Court Fee, if any,
on the enhanced amount.
10. The share of the minor claimant/fourth appellant herein may be
deposited in any one of the Nationalized Bank in an interest-bearing Fixed
Deposit, initially for a period of three years, renewable thereafter, till the
minor attains majority. The guardian of the minor/the first appellant
herein, who is her mother, is permitted to withdraw interest from the said
deposit, once in three months and utilise the same for the welfare of the
minor claimant/fourth appellant herein.
11.In the result, this Civil Miscellaneous Appeal is partly allowed.
No costs. Consequently, connected miscellaneous petition is closed.
16.10.2024
Index: Yes/ No
NCC: Yes / No
Speaking Order / Non-Speaking Order
apd
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To:
1.The Motor Accidents Claims Tribunal, II Additional District Judge,
Tirunelveli.
2.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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SUNDER MOHAN, J.
apd
16.10.2024
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