Madras High Court
T.Pargunavathi vs The Managing Director on 4 April, 2025
C.M.A.Nos.2956 and 2958 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.Nos.2956 and 2958 of 2024
1.T.Pargunavathi
2.Minor M.Thangamani
3.Minor M.Mugesh
4.Minor M.Nithish ... Appellants (in both CMAs)
(Minors rep by their guardian 1st Appellant)
vs.
The Managing Director,
The Tamilnadu State Express Transport Corporation,
Pallavan Salai,
Chennai-2. ... Respondent (in both CMAs)
COMMON PRAYER: Civil Miscellaneous Appeals are filed under
Section 173 of Motor Vehicles Act, 1988, to enhance the award against the
order dated 28.04.2023 made in M.A.C.T.O.P.Nos.2283 and 2282 of 2017
on the file of the Motor Accident Claims Tribunal, Cuddalore, Special Sub
Court, Cuddalore.
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C.M.A.Nos.2956 and 2958 of 2024
For Appellants : Mr.F.Terry Chella Raja
(in both CMAs)
For Respondent : No Appearance
(in both CMAs)
COMMON JUDGMENT
These two Civil Miscellaneous Appeals have been filed by the
claimants challenging the common award passed by the Motor Accident
Claims Tribunal, Special Sub Court, Cuddalore in M.C.O.P.Nos.2283 and
2282 of 2017, dated 28.04.2023.
2. The above said Original Petitions were filed for death of husband
and wife in a road accident namely N.Murugavel and M.Sharmila.
3. Since both the original petitions are arising out of same accident,
they are taken up together for disposal. Both the appeals are filed by the
dependents of the deceased persons seeking enhancement of compensation.
4. For the sake of convenience, the parties are referred to as per their
ranking before the Tribunal.
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C.M.A.Nos.2956 and 2958 of 2024
5. It is the case of the claimants that on 11.02.2017, the son of the 1st
claimant in both the original petitions and father of the claimants 2 to 4 in
both the original petitions namely N.Murugavel was riding his two wheeler
bearing Registration No.PY-05-B-1680 in East Coast Road near
Marakkanam, having his wife-M.Sharmila, daughter-in-law of the 1st
claimant and mother of the claimants 2 to 4. When deceased persons came
in the two wheeler near Boomishwaran Kovil, the bus bearing Registration
No.TN-01-AN-0435 belonged to the Respondent/Transport Corporation
came in a rash and negligent manner and dashed against the two wheeler.
As a result of the impact of the collision, both the riders of the two wheeler
were thrown away from the vehicle. The driver of the two wheeler died on
the spot and the pillion rider, his wife sustained grievous injuries and died
in hospital after 9 days. Therefore, the above said original petitions were
filed seeking compensation of Rs.75,00,000/- and Rs.25,00,000/-
respectively.
6. The claim petitions were resisted by the Respondent/Transport
Corporation on the ground that the rider of the two wheeler attempted to
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C.M.A.Nos.2956 and 2958 of 2024
cross the road without any signal in a rash and negligent manner and hence,
the accident had occurred only due to his negligence.
7. Before the Tribunal, the 1st appellant/1st claimant was examined as
PW.1 in M.C.O.P.No.2283 of 2017 and 1st appellant/1st claimant was
examined as PW.2 in M.C.O.P.No.2282 of 2017 and yet another witness
was examined as PW.3. On behalf of the claimants, 10 documents were
marked as Exs.P1 to P10. On behalf of the respondent-Transport
Corporation, one Gopu-Driver of the Transport Corporation was examined
as RW.1 and no documents were marked.
8. The Tribunal based on the evidence available on record, came to
the conclusion that accident had occurred only due to the negligent driving
of the bus by the Respondent/Corporation's driver. The compensation
payable to the claimants in C.M.A.No.2956 of 2024(husband) and claimants
in C.M.A.No.2958 of 2024(wife) were quantified at Rs.26,97,800/- and
Rs.25,97,000/- respectively. Not satisfied with the quantum of
compensation, the claimants have come before this Court.
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C.M.A.Nos.2956 and 2958 of 2024
9. Though notice is served on the Respondent/Transport Corporation
as early as 26.11.2024 and the name of the respondent is printed in the
cause-list, there is no representation for the respondent/corporation.
10. Heard the learned counsel appearing for the appellants and
perused the typed-set of papers and original records.
11. The learned counsel appearing for the appellants would submit
that having regard to the date of accident the notional income of Rs.13,000/-
per month and Rs.12,500/- per month fixed by the Tribunal for deceased
persons in C.M.A.Nos.2956 and 2958 of 2024 respectively are very much
on lower side and hence, the same require enhancement.
12. A perusal of the claim petitions filed by the claimants would
indicate that the deceased N.Murugavel was a Boat Owner and Sea Food
Merchant and was earning Rs.65,000/- per month. It was also stated by the
claimants that the deceased M.Sharmila was a Sea Food Merchant and was
earning Rs.20,000/- per month. In order to prove the avocation, the
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claimants produced Marine Fishers Identity Card issued by the Ministry of
Agriculture, Government of India for N.Murugavel marked as Ex.P5 and
Marine Fishers Identity Card issued by the Ministry of Agriculture,
Government of India issued to M.Sharmila marked as Ex.P9. However, they
have not produced any documentary evidence to prove the income of the
deceased persons. Even if there is no proof to show the income of the
deceased persons, this Court can fix the notional income by taking into
consideration the facts and circumstances of the case.
13. In the case on hand, the accident had occurred on 11.02.2017.
Hence, taking into consideration the date of accident and the prevailing cost
of living, this Court is inclined to fix Rs.15,000/- each as notional income
for the deceased persons. Infact, Tribunal fixed Rs.13,000/- as notional
income for N.Murugavel and Rs.12,500/- as notional income for deceased
M.Sharmila. Both of them are engaged in Sea Food Business and
Government of India issued Marine Fishers Identity Card to both of them.
In these circumstances, absolutely there is no valid reason for the Tribunal
to fix two different notional income for the deceased persons. Therefore, in
the absence of any concrete evidence to prove the income, this Court is
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C.M.A.Nos.2956 and 2958 of 2024
inclined to fix notional income for N.Murugavel and M.Sharmila at
Rs.15,000/- each per month.
14. A perusal of Marine Fishers Identity Card issued by the Ministry
of Agriculture, Government of India to the deceased persons would indicate
that N.Murugavel was born on 01.01.1977 and M.Sharmila was born on
19.03.1985. Therefore, the age of N.Murugavel and M.Sharmila are fixed at
40 years and 32 years respectively. The claimants in C.M.A.No.2956 of
2024 are entitled to 25% enhancement towards future prospects. However,
the claimants in C.M.A.No.2958 of 2024 are entitled 40% enhancement
towards future prospects. The applicable multiplier for N.Murugavel is 15
and the applicable multiplier for M.Sharmila is 16.
15. In view of the discussions made earlier, the loss of dependency
for claimants in C.M.A.No.2956 of 2024 (N.Murugavel) is fixed at
Rs.25,31,250/- (Rs.15,000 x 1.25 x 12 x 15 x 3/4). The 1st claimant in
C.M.A.No.2956 of 2024, mother of the deceased is entitled to Rs.40,000
towards parental consortium. The minor claimants 2 to 4 are entitled to
Rs.40,000/- each towards loss of love and affection. In addition to the above
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said sum, they are entitled to Rs.30,000/- towards funeral expenses and loss
of estate. Therefore, the claimants in C.M.A.No.2956 of 2024 are entitled to
Rs.27,21,250/-. Accordingly, the compensation amount is enhanced to
Rs.27,21,250/-.
16. The 1st claimant is entitled to withdraw 10% of the total
compensation towards her share and the remaining compensation amount
shall be equally shared between minor claimants 2 to 4.
17. In view of the discussions made earlier, the award passed by the
Tribunal in M.C.O.P.No.2283 of 2017 is modified as follows:-
Compensation Compensation
Sl.
Description awarded by the awarded by Remarks
No.
Tribunal this Court
1. Loss of Dependency Rs.26,20,800/- Rs.25,31,250/- Reduced
Loss of Parental
2. Rs.44,000/- Rs.40,000/- Reduced
Consortium
Loss of Love and Rs.1,20,000/-
3. - Granted
Affection (Rs.40,000 x 3)
Rs.33,000/-
Loss of Estate and
4. (Rs.16,500 + Rs.30,000/- Reduced
Funeral Expenses
Rs.16,500)
Enhanced by
Total Rs.26,97,800/- Rs.27,21,250/-
Rs.23,450/-
18. The Respondent-Transport Corporation is directed to deposit the
enhanced award amount of Rs.27,21,250/- together with interest at the rate
of 7.5% per annum from the date of claim petition to the date of realisation,
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to the credit of M.C.O.P.No.2283 of 2017 on the file of the Motor Accident
Claims Tribunal, Special Sub Court, Cuddalore, within a period of six
weeks from the date of receipt of copy of this judgment.
19. On such deposit, the 1st appellant/1st claimant is permitted to
withdraw her share by making formal application before the Tribunal.
20. The share of the minor claimants 2 to 4 shall be deposited in
anyone of the Nationalized Banks under a Fixed Deposit Scheme for a
period of three years which shall be renewed periodically until they attain
majority and the 1st appellant/1st claimant, being the Guardian of the minor
claimants 2 to 4, is permitted to withdraw the interest accrued thereon in the
said Fixed Deposit Account once in three months and the same shall be
used for the welfare of the minor claimants 2 to 4.
21. The loss of dependency for claimants in C.M.A.No.2958 of 2024
(M.Sharmila) is fixed at Rs.30,24,000/- (Rs.15,000 x 1.4 x 12 x 16 x 3/4).
Hence, the claimants in C.M.A.No.2958 of 2024 are entitled to loss of
dependency at Rs.30,24,000/-. This Court is not inclined to grant any
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conventional damages to 1st claimant in C.M.A.No.2958 of 2024 as she
happens to be the mother-in-law of the deceased. However, the claimants 2
to 4 are entitled to Rs.40,000/- each towards loss of love and affection. In
addition to that, the claimants are entitled to Rs.30,000/- towards funeral
charges and loss of estate. In all the claimants in C.M.A.No.2958 of 2024
are entitled to Rs.31,74,000/-.
22. The 1st claimant is entitled to 10% of the total compensation
amount. The minor claimants 2 to 4 are entitled to 30% each of the total
compensation amount. Accordingly, the award passed by the Tribunal in
M.C.O.P.No.2282 of 2017 is modified as follows:-
Compensation Compensation
Sl.
Description awarded by the awarded by Remarks
No.
Tribunal this Court
1. Loss of Dependency Rs.25,20,000/- Rs.30,24,000/- Enhanced
Loss of Parental
2. Rs.44,000/- - Set Aside
Consortium
Loss of Love and Rs.1,20,000/-
3. - Granted
Affection (Rs.40,000 x 3)
Rs.33,000/-
Loss of Estate and
4. (Rs.16,500 + Rs.30,000/- Reduced
Funeral Expenses
Rs.16,500)
Enhanced by
Total Rs.25,97,000/- Rs.31,74,000/-
Rs.5,77,000/-
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C.M.A.Nos.2956 and 2958 of 2024
23. The Respondent-Transport Corporation is directed to deposit the
enhanced award amount of Rs.31,74,000/- together with interest at the rate
of 7.5% per annum from the date of claim petition to the date of realisation,
to the credit of M.C.O.P.No.2282 of 2017 on the file of the Motor Accident
Claims Tribunal, Special Sub Court, within a period of six weeks from the
date of receipt of copy of this judgment.
24. On such deposit, the 1st appellant/1st claimant is permitted to
withdraw her share by making formal application before the Tribunal.
25. The share of the minor claimants 2 to 4 shall be deposited in
anyone of the Nationalized Banks under a Fixed Deposit Scheme for a
period of three years which shall be renewed periodically until they attain
majority and the 1st appellant/1st claimant, being the Guardian of the minor
claimants 2 to 4, is permitted to withdraw the interest accrued thereon in the
said Fixed Deposit Account once in three months and the same shall be
used for the welfare of the minor claimants 2 to 4.
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C.M.A.Nos.2956 and 2958 of 2024
26. Accordingly, the appeal in C.M.A.No.2956 of 2024 is partly
allowed and the appeal in CMA.No.2958 of 2024 is allowed. The claimants
in CMA.No.2958 of 2024 are directed to pay an additional court fee for the
enhanced award amount. It is made clear that the claimants are not entitled
to claim interest for the delay period of 385 days as per the order in
C.M.P.Nos.20031 and 20036 of 2024, dated 22.10.2024. No costs.
04.04.2025
Index :Yes/No
Speaking order :Yes/No
Neutral Citation :Yes/No
dm
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C.M.A.Nos.2956 and 2958 of 2024
To
1.The Motor Accident Claims Tribunal,
Special Sub Court, Cuddalore.
2.The Managing Director,
Tamilnadu State Express Transport Corporation,
Pallavan Salai,
Chennai-2.
3.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.Nos.2956 and 2958 of 2024
S.SOUNTHAR, J.
dm
C.M.A.Nos.2956 and 2958 of 2024
04.04.2025
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