Madras High Court

Chinnaponnu vs The Managing Director on 17 October, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

CMA.No.2709 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2024

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA

C.M.A.No.2709 of 2024

1.Chinnaponnu
2. Govindharaji
3. Sangeetha
4. Srinivasan
5. Nagaraji .... Appellants

vs.
The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Arcot, Vellore District. ... Respondent

PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 26.04.2019 in
M.C.O.P.17/2017 on the file of the Motor Accident Claims Tribunal, II
Additional District Court (FAC), Ranipet, Vellore District.

For Appellants : Mr. M. Vinoth
for M/s. C. Prabakaran

For Respondent : Mr.C.R. Sureshkumar

1/11
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CMA.No.2709 of 2024

JUDGMENT

The appellants are the claimants in M.C.O.P.17/2017 on the file

of the Motor Accident Claims Tribunal, II Additional District Court

(FAC), Ranipet, Vellore District. They filed the claim petition under

Section 166 of the Motor Vehicles Act, seeking compensation of

Rs.30,00,000/- for the death of one Thangaraj (son of claimants 1 and 2

and brother of claimants 3 to 5) in a road accident that occurred on

15.08.2016.

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

2.1. On 15.08.2016 Thangaraj (since deceased) was travelling in

his Hero Honda Splendor Motorcycle bearing Registration number TN 23

AK 8682 on Katpadi-Vallimalai Road. When he was nearing Kandipedu

bus stop, a speeding bus bearing Registration Number TN 23 N 1685,

belonging to the respondent,came in the opposite direction and hit his two

wheeler as a result of which he fell down and sustained injuries all over

his body. He was immediately rushed to C.M.C. Hospital, Vellore.

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However, he succumbed to injuries on 25.08.2016.

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

the driver of the bus bearing Registration Number TN 23 N 1685

belonging to the Tamil Nadu State Transport Corporation Limited was the

cause of the accident and therefore they are liable to pay compensation to

them.

4. The respondent Tamil Nadu State Transport Corporation

Limited resisted the claim petition by filing its counter.

5. The Tribunal after analysing the evidence on record fastened

negligence on the part of the driver of the bus bearing Registration

Number TN 23 N 1685 and the deceased in the ratio 75:25 and

directed the respondent Tamil Nadu State Transport Corporation Limited

to pay compensation of Rs.12,00,700/- (75% on the total compensation of

Rs.13,15,200 + Rs.2,14,271 towards medical expenses) to the claimants 1

and 2 together with interest at the rate of 7.5% per annum from the date of

petition till the date of realisation.

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6. Aggrieved over the quantum of compensation awarded by the

Tribunal and also challenging the contributory negligence fastened on the

part of the deceased, the claimants have filed the present appeal under

Section 173 of the Motor Vehicles Act, 1988.

7. Heard Mr. M. Vinoth, learned counsel appearing for the

appellants and Mr. C.R. Sureshkumar, learned counsel appearing for the

respondent Tamil Nadu State Transport Corporation.

8. Mr. M. Vinoth, learned counsel appearing for the appellants

contended that when the FIR and the final report are against the driver of

the bus belonging to the respondent, the Tribunal was wrong in fastening

contributory negligence to the extent of 25% on the part of the rider of the

two wheeler (deceased) on the ground that (a) there were two pillion

riders; (b) the rider was not wearing a helmet; (c) the driver did not have

a valid driving licence. He also contended that the Tribunal has not

awarded just compensation to the claimants. He therefore prayed for

enhancement of compensation and also to set aside the contributory

negligence of 25% fastened on the part of the deceased.

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9. Per contra, Mr. C.R. Sureshkumar, learned counsel appearing

for the respondent/Tamil Nadu State Transport Corporation Limited

contended that the Tribunal, after analysing the evidence on record had

concluded that the deceased also contributed to the accident and therefore

the same need not be disturbed in the present appeal.

Negligence

10. A copy of the FIR (Ex.P1) shows that the driver of the Tamil

Nadu State Transport Corporation Limited was the wrong doer. However,

the Tribunal fixed 25% contributory negligence on the part of the

deceased merely because he was not in possession of a valid driving

licence and was not also wearing a helmet at the time of accident. The

contention of the learned counsel for the respondent is that two persons

were travelling in the motorcycle as pillion riders, which is beyond the

seating capacity. The evidence on record shows that one of the pillion

riders is a child aged below five years. In any event, when there is nothing

on record to show that the rider of the two wheeler also contributed to the

accident, the Tribunal was wrong in fastening 25% of contributory

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negligence on the part of the deceased and the same is hereby set aside.

Quantum

10.1. According to the claimants, Thangaraj (deceased) was

working as an electrician earning a sum of Rs.15,000/- per month. In the

absence of satisfactory income proof, the Tribunal fixed the notional

monthly income of the deceased as Rs.9,000/-. Considering the year of

accident and the age of the deceased, this Court fixes the notional monthly

income of the deceased as Rs.12,000/-. 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% is added towards future

prospects of the deceased. Since the deceased died as a bachelor, 1/2 is

deducted towards his personal expenses. The proper multiplier to be

adopted in the instant case is 17 as per the decision rendered in Sarla

Verma and others vs. Delhi Transport Corporation and another

reported in (2009) 6 SCC 121.

Calculation

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Notional Income = Rs.12,000/-

40% Future Prospects = Rs.16,800/-

After 1/2 deduction = Rs.8,400/-

Loss of dependency

= Rs.8,400/- x 12 x 17

= Rs.17,13,600/-

In addition to that the claimants 1 and 2 are entitled to get Rs.2,14,271/-

towards medical expenses and Rs.2,00,000/- (40,000/- x 5 claimants),

Rs.15,000/- and Rs.15,000/- for 'loss of Consortium', 'loss of Estate' and

'Funeral Expenses' respectively as per the decision in National Insurance

Co. vs Pranay sethi and others (cited supra).

10.2. The enhanced amount under the different heads are

detailed hereunder:

                                       S.No.               Head              Amount granted
                                                                            by this court (Rs.)
                                  1.           Loss of dependency                  17,13,600/-
                                  2.           Loss of consortium                   2,00,000/-
                                               (Rs.40,000/- x 5)
                                  3.           Funeral expenses                       15,000/-
                                  4.           Loss of Estate                         15,000/-



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                                       S.No.                Head            Amount granted
                                                                           by this court (Rs.)
                                  5.            Medical Expenses                   2,14,271/-
                                                Total                             21,57,871/-

This amount shall carry interest at the rate of 7.5% per annum from the

date of claim petition till the date of deposit.

11. In the result,

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

ii. The 25% contributory negligence fastened on the deceased by the

Tribunal is set aside.

iii. The compensation awarded by the Tribunal is enhanced to

Rs.21,57,871/-.

iv. 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

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draft the decree only after receipt of the Court fee.

v. The respondent, the Tamil Nadu State Transport Corporation

Limited, Arcot, is directed to deposit the enhanced compensation

amount of Rs. 21,57,871/- (less the amount already deposited)

together with interest at the rate of 7.5% per annum from the date

of claim petition till the date of deposit to the credit of

M.C.O.P.17/2017 on the file of the Motor Accident Claims

Tribunal, II Additional District Court (FAC), Ranipet, Vellore

District, within a period of four weeks from the date of receipt of a

copy of this order/uploading of this order.

vi. The enhanced compensation amount of Rs.21,57,871/- is

apportioned to the claimants as follows:

Chinnaponnu (first claimant) Rs.10,18,936/- Govindaraji (second claimant) Rs.10,18,935/-

                                  Sangeetha (third claimant)                               Rs.40,000/-
                                  Srinivasan (fourth claimant)                            Rs.40,000/-
                                  Nagaraji (fifth claimant)                                Rs.40,000/-


                          vii.On such deposit being made,             the claimants       are at liberty to


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withdraw the same as per the apportionment made by this Court

after filing proper petition for withdrawal.

viii. The claimants are not entitled to claim interest for the period of

delay of 1427 days in filing this appeal as per the orders of this

Court dated 22.12.2023 in C.M.P. No.17265 of 2023.