Madras High Court
The General Manager vs Kaliammal on 25 March, 2025
C.M.A.(MD)No.340 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 25.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.A.(MD)No.340 of 2024
and
Cros.Obj(MD)No.32 of 2024
and
C.M.P.(MD)No.4660 of 2024
C.M.A.(MD)No.340 of 2024:-
The General Manager,
Tamil Nadu State Transport Corporation,
Mettupalayam Branch,
Ooty Unit,
Nilgris District. ... Appellant
Vs.
1.Kaliammal
2.Pothumani
3.Murugan ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988, to set aside the judgment and decree passed in
M.C.O.P.No.42 of 2022 dated 18.08.2023, on the file of the Motor Accident
Claims Tribunal/Principal District Court, Dindigul.
For Appellant : Mr.P.Prabhakaran
For Respondents : Mr.R.T.Arivukumar
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C.M.A.(MD)No.340 of 2024
Cros.Obj.(MD)No.32 of 2024:-
1.Kaliammal
2.Pothumani
3.Murugan ... Appellants
Vs.
The General Manager,
Tamil Nadu State Transport Corporation,
Mettupalayam Branch,
Ooty Unit,
Nilgris District. ... Respondent
PRAYER : Cross Objection filed under Order 41 Rule 22 r/w. Section 173 of
the Motor Vehicles Act, 1988, to set aside the judgment and decree passed in
M.C.O.P.No.42 of 2022 dated 18.08.2023, on the file of the Motor Accident
Claims Tribunal/Principal District Court, Dindigul.
For Appellants : Mr.R.T.Arivukumar
For Respondent : Mr.P.Prabhakaran
COMMON JUDGMENT
This Civil Miscellaneous Appeal has been filed by the
appellant/insurance company, challenging the award passed by the learned
Motor Accident Claims Tribunal (Principal District Judge), at Dindigul, in
M.C.O.P.No.42 of 2022, dated 18.08.2023. The Cross Objection has been filed
by the claimants, seeking enhancement of the award amount.
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2.For the sake of convenience, the parties are arrayed herein as per the
ranking in M.C.O.P.No.42 of 2022.
3.The factual matrix of the present case, briefly stated, are as under:-
The claimants are legal heirs of the deceased, namely, Raja. The
respondent is the transport Corporation, who is the appellant herein. On
04.11.2021, at about 08.15 a.m., when the deceased Raja was proceeding in his
two wheeler bearing Registration No.TN-57-BD-0587 from Madurai - Dindigul
from south to north near Panjampatti, the driver of the respondent transport
Corporation who drove the bus bearing Registration No.TN-43-N-0846 in the
same direction in a great speed, has dashed from the backside of the two
wheeler, as a result of which, the said Raja sustained serious injuries. Following
which, he was admitted in Dindigul Government Hospital and for further
treatment, he was taken to Meenakshi Mission Hospital, Madurai and thereafter
admitted in Rajiv Gandhi Government Hospital, Madurai, as inpatient from
04.11.2021 and died on 09.11.2021. The Ambathurai Police Station has
registered FIR in Crime No.441 of 2021, under Sections 279 and 337 IPC r/w.
279 and 304(A) of IPC as against the driver of the respondent. Seeking to
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compensate the death of the Raja, his legal heirs have laid the M.C.O.P.
4.The learned Tribunal has examined two witnesses and 8 documents
were marked on the side of the petitioners/claimants and one witness was
examined and no document was marked on the side of the respondent. On the
basis of the arguments, evidence deposed and documents marked, the learned
Tribunal has proceeded to pass an award of Rs.18,03,600/- to the
petitioners/claimants. Challenging the same, this Civil Miscellaneous Appeal is
filed.
5.The learned counsel appearing for the appellant submitted that the
learned Tribunal failed to go into the merits of the case properly and without
considering the fact that the deceased Raja had no driving license at the time of
accident and that the accident had happened because of the serious head
injuries sustained by him, since he had driven the two wheeler without helmet.
Hence, he insisted that the learned Tribunal ought to have fastened atleast
nominal percentage of contributory negligence on the deceased and pressed for
allowing the Appeal.
6.Per contra the learned counsel for the claimants submitted that he has
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filed a Cross Objection, seeking enhancement of compensation. Since the loss
of dependency is not properly calculated, for which, he relied upon the
judgment of this Court in the case of K.A.Manigandan and others v. Raghu
RN and another in C.M.A.No.2336 of 2021 dated 09.03.2021, in which the
Hon'ble Division Bench of this Court for an accident which had happened in
the year 2018, had fixed a monthly income of Rs.12,000/- for a daily wager
employee. In the instant case, the deceased was skilled labourer undertaking
tiled works. Considering the fact that the accident had happened in the year
2023, the learned Tribunal ought to have enhanced a compensation under loss
of dependency. That apart, he also pointed out that the loss of love and
affection for the parents has been awarded Rs.15,000/- each and pressed for
modifying the award accordingly.
7.Heard the learned counsel for the appellant, the learned counsel for the
respondents and carefully perused the materials available on record.
8.As rightly pointed out, the accident had happened during the year 2021
and in a similar case of Selvi and others v. V. Sumathy and others in
C.M.A.Nos.1947 of 2020 and 206 of 2021 dated 03.02.2021, this Court has
fixed a monthly income of Rs.14,000/- for a daily wager. Adopting the same, I
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am of the considered view that the monthly income of the deceased should also
have been fixed as Rs.14,000/-. The future prospects is 40% and after adding
future prospects, the monthly income would be Rs.19,600/- [(14,000x40% =
4600)14,000+4600]. 1/3rd of the monthly income has to be deducted towards
personal expenses and then the monthly income would be calculated as Rs.
13,067/- [(19600x1/3 = 6533) 19600 – 6533]. After adopting the multiplier '17',
the loss of dependency is calculated as Rs.26,65,668/- (13067x12x17). This
Court is inclined to enhance the head of loss of love and affection to the
petitioners 2 and 3 as Rs.40,000/- each. The compensation would be Rs.
28,05,668/-.
Head Compensation Compensation Reduced/Enhanc
awarded before awarded before ed/
learned Tribunal this Court Confirmed
(i)Loss of Rs.17,13,600/- Rs.26,65,668/- Enhanced
Dependency:
(ii)Loss of love Rs.30,000/- each Rs.40,000/- each Enhanced
and affection for
the petitioners 2
& 3:
(iii)Transportati Rs.5,000/- Rs.5,000/- Confirmed
on Expenses:
(iv)Funeral Rs.15,000/- Rs.15,000/- Confirmed
Expenses:
(v)Loss of Rs.40,000/- Rs.40,000/- Confirmed
Consortium:
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Total Rs.18,03,600/- Rs.28,05,668/- Enhanced
compensation
awarded:
9.Accordingly, as far as the claim of the appellant/insurance company is
concerned, the contributory negligence ought to have been fastened on the
deceased. No doubt, at the time of accident, the deceased did not have any
driving license. For which, this Court is inclined to fasten 15% of contributory
negligence on the deceased. Hence, the total compensation would be Rs.
23,84,818/- (2805668x15%). In view of the same, the Civil Miscellaneous
Appeal is partly allowed. The Cross Objection is also partly allowed.
10.The respondents/claimants are entitled to a sum of Rs.23,84,818/-
with interest at the rate of 7.5% from the date of the claim petition till the date
of realization. The appellant/insurance company is directed to deposit the
aforesaid amount with 7.5% interest from date of the claim petition till the date
of realization and the amount if not deposited earlier, has to be deposited within
a period of 8 weeks from the date of receipt of copy of this order. On such
deposit, the respondents/claimants are permitted to withdraw their respective
shares, as per apportionment made by the learned Tribunal, after deducting any
amount received by them earlier. The respondents/claimants are not entitled for
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interest for the default period, if there is any. The appellants/claimants are
directed to pay the additional Court fee on enhanced compensation, if any.
There shall be no order as to costs. Consequently, connected miscellaneous
petition is closed.
25.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
Mrn
To
1.The Motor Accidents Claims Tribunal,
(Principal District Judge), Dindigul.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
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L.VICTORIA GOWRI, J.
Mrn
25.03.2025
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