Madras High Court
Sonam vs The Managing Director on 5 September, 2024
Author: R.Hemalatha
Bench: R.Hemalatha
CMA.No.1496 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2024
CORAM:
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
C.M.A.No.1496 of 2024
1. Sonam
2. Minor Sabuni
(Rep. by her mother as Next Friend
and next Guardian 1st petitioner)
3. Ram Betti Bhaghel ... Appellants
vs.
The Managing Director,
Tamil Nadu State Transport Corporation Ltd., (MTC)
Pallavan Sali, Mount Road,
Chennai - 600 060. ... Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988, against the Award dated 07.12.2023 in
M.C.O.P.2889/2020 on the file of the Motor Accident Claims Tribunal,
Special Sub Judge II, Small Causes Court, Chennai.
For Appellants : Mr.U.Chithambaram
For Respondent : Mr.M.Murali Vinoth
1/8
https://www.mhc.tn.gov.in/judis
CMA.No.1496 of 2024
JUDGMENT
The appellants are the claimants in M.C.O.P.2889/2020 on the
file of the Motor Accident Claims Tribunal, Chennai. They filed the claim
petition under Section 166 of the Motor Vehicles Act, 1988 seeking
compensation of Rs.49,00,000/- for the death of one Praveen Kumar
(husband of the first claimant, father of the second claimant and son of the
third claimant) in a road accident which happened on 10.02.2020.
2. The brief case of the appellants / claimants is as follows :
On 10.02.2020, Praveen Kumar (deceased) was riding a two
wheeler bearing Registration number TN 18 AR 8156 on Ponneri
highway. When he was nearing Andarkuppam, a bus bearing Registration
number TN 01 N 4097 belonging to the respondent, the Tamilnadu State
Transport Corporation, hit the two wheeler, resulting in the instantaneous
death of Praveen Kumar.
3. According to the claimants, the rash and negligent driving of
the driver of the bus bearing Registration Number TN 01 N 4097
belonging to the respondent Transport Corporation was the cause of the
accident and therefore, the respondent is liable to pay compensation to
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them.
4. The Tribunal, after analysing the evidence on record, awarded
a compensation of Rs.24,35,000/- together with interest at the rate of
7.5% per annum from the date of petition till the date of realisation, vide
its orders dated 07.12.2023.
5. Aggrieved over the quantum of compensation awarded passed
by the Tribunal, the appellants / claimants have filed the present appeal
under Section 173 of the Motor Vehicles Act.
6. Heard Mr.U.Chithambaram, learned counsel appearing for
the appellants and Mr.M.Murali Vinoth, learned counsel for the
respondent.
7. Mr.U.Chithambaram, learned counsel appearing for the
appellants contended that the deceased was selling 'Pani puri' in three
different locations, earning a sum of Rs.1,50,000/- per month. However,
the Tribunal fixed a meagre sum of Rs.12,000/- as his monthly notional
income. He therefore prayed for enhancing the notional monthly income of
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the deceased.
8. Per contra Mr.M.Murali Vinoth, learned counsel appearing
for the respondent, contended that the Award passed by the Tribunal is
based on well laid principles of law which were in vogue at the time of
passing of the order and therefore, the same need not be disturbed at this
stage.
9. According to the claimants, the deceased, aged 29 years, was
engaged in the business of cooking 'Pani puri' and selling the same in three
different locations, earning a sum of Rs.1,50,000/- p.m. However, they
did not adduce any evidence to show the actual income of the deceased. It
is pertinent to point out that the accident took place in the year 2020. In
the facts and circumstances, this Court is of the opinion that fixing
notional monthly income of the deceased as Rs.16,000/- 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 three dependents, 1/3rd of the deceased's income should be
deducted towards his personal expenses. The proper multiplier to be
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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 :
Notional Income = Rs.16,000/-
after adding 40% Future Prospects = Rs.22,400/-
After 1/3 deduction = Rs.14,933/-
Loss of dependency :
= Rs.14,933/- x 12 x 17
= Rs.30,46,332/-
In addition to that the claimants are entitled to Rs.1,20,000/- (40,000/-x3),
Rs.15,000/- and Rs.15,000/- towards 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.31,96,332/-
(30,46,332 + 1,20,000 + 15,000 + 15,000 = 31,96,332) as shown in the
following tabular column:
S.No. Head Amount granted by this court
1. Loss of dependency Rs.30,46,332 /-
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S.No. Head Amount granted by this court
2. Loss of consortium Rs.1,20,000/-
(Rs.40,000/- x 3)
3. Funeral expenses Rs.15,000/-
4. Loss of Estate Rs.15,000/-
Total Rs.31,96,332/-
10. The compensation awarded by the Tribunal is enhanced
from Rs.24,35,000/- to Rs.31,96,332/- which would carry interest at the
rate of 7.5% per annum.
11. In the result,
i. The Civil Miscellaneous Appeal is partly allowed. No costs.
ii. The compensation awarded by the Tribunal is enhanced from
Rs.24,35,000/- to Rs.31,96,332/-.
iii. 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
draft the decree only after receipt of the Court fee.
iv. The respondent, Tamilnadu State Transport Corporation is directed
to deposit the enhanced compensation amount i.e., Rs.31,96,332/-
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(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.2889/2020 on the file of the Motor Accident Claims
Tribunal, Special Sub Judge II, Small Causes Court, Chennai.
v. Apportionment :
1st claimant / wife Rs.10,96,332/-
(with interest and costs)
2nd claimant / daughter Rs.13,50,000/-
3rd claimant / mother Rs.7,50,000/-
vi. The share of the minor appellant (2nd claimant, minor Sabuni) is
directed to be deposited in any one of the Nationalised Bank till she
attains majority. The claimants 1 and 3 are at liberty to withdraw
their respective shares after following due process of law.
05.09.2024
Index : Yes/No
Speaking/Non-speaking order
Neutral Citation : Yes / No
vum
R.HEMALATHA, J.
vum
To
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1.The Motor Accidents Claims Tribunal,
Special Sub Judge II, Small Causes Court,
Chennai.
2.The Section Officer, VR Section,
Madras High Court, Chennai.
05.09.2024
https://www.mhc.tn.gov.in/judis
