Madras High Court
S.Pazhani vs The Managing Director on 30 September, 2024
Author: R.Hemalatha
Bench: R. Hemalatha
CMA.No.1924 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.M.A.No.1924 of 2021
1.S.Pazhani
2.Minor. P.Vairavel
3.Minor. P.Sivaprakash
4.Minor. P.Chitrarasan
5.Minor. P.Pavithra
6.Minor. P.Sivanraj ... Appellants
(minor appellants are represented
by their father and natural guardian S.Pazhani)
vs.
The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram Division - I) Limited,
Cuddalore Region, Imperial Road,
Cuddalore - 607 002. ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Award dated 14.12.2020 in
M.C.O.P.152 of 2020 on the file of the Motor Accident Claims Tribunal, I
Additional District and Sessions Court, Cuddalore.
1/11
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CMA.No.1924 of 2021
For Appellants : Ms.Ramya V.Rao
For Respondent : Mr.S.Santhosh Kumar
JUDGMENT
The appellants are the claimants in M.C.O.P.152 of 2020 on the
file of the Motor Accident Claims Tribunal, Cuddalore. They filed the
claim petition under Section 166(1) of the Motor Vehicles Act, 1988
seeking compensation of Rs.40,00,000/- for the death of one Chitra, ( wife
of claimant 1 ; mother of claimants 2 to 6) in a road accident that took
place on 09.10.2019.
2. The brief case of the appellants / claimants is as follows :
On 09.10.2019, Chitra (since deceased) was walking along
Cuddalore – Trichy National Highways Road and when she was nearing
Thambipettai Kesavanarayanan Junction, a bus bearing Registration
Number TN-32-N-3951 belonging to the appellant, the Tamil Nadu State
Transport Corporation Limited, hit her, as a result of which, she sustained
injuries all over her body. She was immediately rushed to Government
Hospital, Kurinjipadi, from where she was referred to Jipmer Hospital,
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Puducherry. However, she succumbed to injuries on 13.10.2019.
3. According to the claimant, the rash and negligent driving of
the driver of the bus bearing Registration Number TN-32-N-3951
belonging to the Tamil Nadu State Transport Corporation (Villupuram
Division - I) Limited was the cause of accident and therefore, they are
liable to pay compensation to them.
4. The respondent resisted the claim petition by filing its
counter.
5. The Tribunal vide its orders dated 14.12.2020, fastened
negligence on the part of the driver of the bus bearing Registration
Number TN-32-N-3951 and awarded compensation of Rs.14,20,240/- to
the claimants together with interest at the rate of 7.5% per annum from the
date of claim petition till the date of realisation.
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6. Aggrieved over the quantum of compensation awarded by the
Tribunal, the appellants (claimants) have filed the present appeal under
Section 173 of the Motor Vehicles Act, 1988.
7. Heard Ms.Ramya V.Rao, learned counsel appearing for the
appellants and Mr.S.Santhosh Kumar, learned counsel appearing for the
respondent.
8. Ms.Ramya V.Rao, learned counsel appearing for the
appellants would contend that the deceased was a daily wager earning a
sum of Rs.15,000/- per month. However, the Tribunal fixed the notional
monthly income of the deceased only as Rs.6,000/-, which, according to
her, is very meagre. She therefore, prayed for enhancement of
compensation.
9. Per contra Mr.S.Santhosh Kumar, learned counsel appearing
for the respondent contended that the Award passed by the Tribunal is
based on the well laid down principles of law which were in vogue at the
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time of passing of the order and therefore, the same need not be disturbed
at this stage.
10. In the claim petition, it is contended that the deceased was
aged about 35 years and was a daily wager 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.6,000/-. Considering
the age of the victim, year of the accident and the number of minor
children depending on their deceased mother, this Court is of the opinion
that fixing notional monthly income of the deceased at Rs.15,000/- would
meet the ends of justice. 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 there are five dependents, 1/5th of the deceased's income
should be deducted towards his personal expenses. The proper multiplier
to be adopted in the instant case is 16 as per the decision rendered in
Sarla Verma and others vs. Delhi Transport Corporation and another
reported in (2009) 6 SCC 121.
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Calculation
Notional Income = Rs.15,000/-
40% Future Prospects = Rs.21,000/-
After 1/5 deduction = Rs.16,800/-
Loss of dependency
= Rs.16,800/- x 12 x 16
= Rs.32,25,600/-
In addition to that the claimants are entitled to Rs.2,40,000/- (40,000 x 6),
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). Thus, the claimants are
entitled to a total compensation of Rs.34,95,600/- ( 32,25,600 + 2,40,000
+ 15,000 + 15,000 = 34,95,600) as shown in the following tabular
column.
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S.No. Head Amount granted
by this court
1. Loss of dependency Rs.32,25,600/-
2. Loss of consortium Rs.2,40,000/-
(Rs.40,000/- x 6)
3. Funeral expenses Rs.15,000/-
4. Loss of Estate Rs.15,000/-
Total Rs.34,95,600/-
11. Thus, the compensation awarded by the Tribunal is enhanced
to Rs.34,95,600/- which would carry interest at the rate of 7.5% per
annum.
12. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced to
Rs.34,95,600/-.
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
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draft the decree only after receipt of the Court fee.
iv. The respondent, the Tamil Nadu State Transport Corporation
(Villupuram Division - I) Limited, is directed to deposit the
enhanced compensation amount i.e., Rs.34,95,600/- (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 four weeks from the date of receipt of a copy of
this order / uploading of this order to the credit of M.C.O.P.152 of
2020 on the file of the Motor Accident Claims Tribunal, I
Additional District and Sessions Court, Cuddalore.
v. Apportionment :
1st claimant / Husband Rs.4,95,600/-
(with interest and costs)
2nd claimant / Son (Minor) Rs.6,00,000/-
3rd claimant / Son (Minor) Rs.6,00,000/-
4th claimant / Son (Minor) Rs.6,00,000/-
5th claimant / Daughter Rs.6,00,000/-
(Minor)
6th claimant / Son (Minor) Rs.6,00,000/-
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vi. The compensation amount of the minor claimants 2 to 6 shall be
deposited in any one of the Nationalised Bank till they attain
majority. The first claimant is at liberty to withdraw his share after
following due process of law.
30.09.2024
Index : Yes/No
Speaking/Non-speaking order
mtl
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To
1.The Motor Accidents Claims Tribunal,
I Additional District and Sessions Court, Cuddalore.
2.The Managing Director,
Tamil Nadu State Transport Corporation
(Villupuram Division - I) Limited,
Cuddalore Region, Imperial Road,
Cuddalore - 607 002.
3.The Section Officer, VR Section, Madras High Court, Chennai.
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R.HEMALATHA, J.
mtl
30.09.2024
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