Madras High Court

The Managing Director vs Vijaya on 19 October, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

                                                                             CMA.No.1276 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 19.10.2024

                                                      CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                    C.M.A.No.1276 of 2022 & C.M.P. No.9266 of 2022
                                                         and
                                            Cross Objection. No.71 of 2024

                     C.M.A. No.1276 of 2022

                     The Managing Director,
                     Tamil Nadu State Transport Corporation Limited,
                     Head Office at No.12, Ramakrishna Road,
                     Salem – 636 007.                               ... Appellant

                                                         vs.

                     1.Vijaya
                     2.Periyasamy                                    ... Respondents

                     CROS. OBJ. NO.71 of 2024
                     1.Vijaya
                     2.Periyasamy                                     ...Cross Objectors

                                                         Vs.

                     The Managing Director,
                     Tamil Nadu State Transport Corporation Limited,
                     Head Office at No.12, Ramakrishna Road,
                     Salem – 636 007.                              ... Respondent




                     1/11
https://www.mhc.tn.gov.in/judis
                                                                                CMA.No.1276 of 2022




                     PRAYER in C.M.A. No.1276 of 2022: Civil Miscellaneous Appeal filed
                     under Section 173 of the Motor Vehicles Act, 1988 against the Award
                     dated 07.08.2021 in M.C.O.P.1860 of 2018 on the file of the Motor
                     Accident Claims Tribunal, Special District Court, Salem.


                     PRAYER in CROS.OBJ. No.71 of 2024 :
                     Cross objection filed under Order 41 Rule 22 of the Code of Civil
                     Procedure against the Award dated 07.08.2021 in M.C.O.P.1860 of 2018
                     on the file of the Motor Accident Claims Tribunal, Special District Court,
                     Salem.


                     Appearance In C.M.A. No.1276 of 2022
                                  For Appellant     :   Mr. D.Raghu
                                  For Respondents   :   Mr. R.Navaneetha Krishnan


                     Appearance in Cross Objection No. 71 of 2024

                                  For Cross Objectors: Mr. R.Navaneetha Krishnan
                                  For Respondent     : Mr. D.Raghu


                                              COMMON JUDGMENT

The appellant, the Tamil Nadu State Transport Corporation

Limited is the respondent in M.C.O.P.1860 of 2018 on the file of the

Motor Accident Claims Tribunal, Salem, while the Cross Objectors are

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the claimants.

2. The Cross Objectors / claimants filed the claim petition under

Section 166 of the Motor Vehicles Act, seeking compensation of

Rs.40,00,000/- for the death of their son, in a road accident that occurred

on 01.06.2018.

3. The case of the claimants in a nutshell is as follows:

On 01.6.2018, Raviprasath (since deceased) aged 17 years was

travelling as a passenger in a bus bearing Registration Number TN-30-N-

0409 on Mecheri – Thoppur main road. The driver of the bus drove the

vehicle in a rash and negligent manner and applied sudden brake, as a

result of which, Raviprasath was thrown out of the bus and died on spot.

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

the driver of the bus bearing Registration Number TN-30-N-0409

belonging to the Tamil Nadu State Transport Corporation was the cause

of the accident and therefore they are liable to pay compensation to them.

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5. The respondent Tamil Nadu State Transport Corporation

Limited resisted the claim petition by filing its counter.

6. The Tribunal, vide its orders dated 07.08.2021, fastened

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

Number TN-30-N-0409 and directed the Tamil Nadu State Transport

Corporation Limited to pay compensation of Rs.13,61,000/- to the

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

date of petition till the date of realisation.

7. Questioning negligence fastened on the part of the driver of

the bus and the quantum of compensation awarded by the Tribunal, the

Tamil Nadu State Transport Corporation Limited, Salem, has filed this

appeal in CMA No.1276 of 2022, and the claimants filed Cross Objection

No.71 of 2024 seeking enhancement of compensation.

8. Heard Mr.D.Raghu, learned counsel for the appellant in

C.M.A. No.1276 of 2022 and Mr. R.Navaneetha Krishnan, learned

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counsel for the respondents.

Negligence

9. The FIR (Ex.P1) was registered against the driver of the bus

belonging to the Tamil Nadu State Transport Corporation Limited and the

police after completing investigation, laid a final report (Ex.P14) against

the driver of the bus. The eyewitness account is also clear as to the

manner of accident. Nothing useful was suggested to the eyewitness

during the course of cross examination to discredit or disbelieve his

versions. There is nothing on record to show that Raviprasath (since

deceased) also contributed to the accident. In the circumstances, the

Tribunal was right in fastening negligence on the part of the driver of the

bus.

Quantum

10. In the claim petition, it is contended that the deceased was

aged about 17 years and was a student in ITI. In Kishan Gopal and

another vs. Lala and others reported in 2013 (2) TN MAC 358, the

Hon'ble Supreme Court fixed the notional income of a minor child as

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Rs.30,000/- per annum and granted a sum of Rs.50,000/- under the other

conventional heads. The accident in Kishan Gopal and another vs. Lala

and others (cited supra) happened in the year 1992. Considering the

passage of time and the age of the victim child, fixing Rs.7,000/- per

month as notional income of the deceased would meet the ends of justice.

The proper multiplier to be adopted in the instant case is 18, as per the

decision in Sarla Verma and others vs. Delhi Transport Corporation

and another reported in (2009) 6 SCC 121. Calculation for loss of

dependency is worked out here under.

Calculation :

Notional Income = Rs.7,000/- x 12 = Rs.84,000/-

Loss of dependency :

= Rs.84,000/- x 18

= Rs.15,12,000/-

In addition to that the claimants are entitled to Rs.80,000/- (40,000 x 2),

Rs.15,000/- and Rs.15,000/- towards "Loss of Consortium, Funeral

Expenses and Loss of Estate" respectively as per the decision in National

Insurance Company Limited Vs. Pranay Sethi and others (cited supra).

Thus, the claimants are entitled to a total compensation of Rs. 16,22,000/-

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( 15,12,000 + 80,000 +15,000 +15,000 = 16,22,000) as shown in the

following tabular column.

                                       S.No.                Head                 Amount granted
                                                                                by this court (Rs.)
                                  1.            Loss of dependency                 15,12,000/-
                                  2.            Loss of consortium                    80,000/-
                                  3.            Funeral expenses                      15,000/-
                                  4.            Loss of Estate                        15,000/-
                                  Total                                            16,22,000/-

11. Thus, the compensation awarded by the Tribunal is

enhanced to Rs.16,22,000/- which would carry interest at the rate of 7.5%

per annum.

12. In the result,

i. The appeal in C.M.A. No.1276 of 2022 is dismissed and Cross

Objection No.71 of 2024 is partly allowed. No costs. Consequently

connected miscellaneous petition is closed.

ii. The compensation awarded by the Tribunal is enhanced to

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Rs.16,22,000/-.

iii. The appellants / claimants are directed to pay the 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

draft the decree only after receipt of the Court fee.

iv. The appellant, the Tamil Nadu State Transport Corporation Limited

in C.M.A. No. 1276 of 2022 is directed to deposit the enhanced

award amount i.e., Rs.16,22,000/- (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 within a period of