Appeal against Motor Accidents Claims Tribunal award. Court sua motu enhanced compensation under CPC Rule 33 from Rs. 5 lakhs to Rs. 6.25 lakhs by correcting family expense deduction and increasing loss of consortium award.
Compensation enhanced from Rs. 5 lakhs to Rs. 6,25,000/-; appellant directed to deposit balance.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN
C.M.A. No. 1364 of 2015
&
M.P. No. 1 of 2015
The Managing Director,
Tamil Nadu State Transport
Corporation Ltd.,
Villupuram Division III,
Kancheepuram. .. Appellant
Vs.
1. Sivagami
2. Shanmugam
3. Kamatchi
4. Muthukumar
(Respondents 2 to 4 declared as major
as per order in I.A. Nos. 707/09, 708/09
dt. 17.07.09 and I.A. No. 668/2012
dt. 12.10.2012) ..Respondents
Prayer: Civil Miscellaneous Appeal as against the judgment and decree 28.01.2014 passed in M.C.O.P. No. 283 of 2005 by the Motor Accidents Claims Tribunal (IV Additional District Court), Thiruvallure at Ponneri, Thiruvallure District. For Appellant :: Mr.S. Sairaman For Respondents:: Mr.M. Selvam J U D G M E N T
This Civil Miscellaneous Appeal has been preferred by the Transport Corporation as against the award of Rs. 5 lakhs passed by the Motor Accidents Claims Tribunal (IV Additional District Court), Thiruvallure at Ponneri, Thiruvallure District, for the death of one Dhansing, aged about 38 years, a coolie alleged to earning Rs.3000/per month, in the accident, which occurred on 14.09.1999.
Monthly Income :: Rs.3000/Less: One-fourth towards
“Personal Expenses “ :: Rs.3000/- (-) ¼ (Rs.3000/-) Monthly contribution to the family :: Rs.2250/-
As per the age of deceased, applying multiplier 15, “Loss of Income” is calculated as follows:
Loss of Income :: Rs.2250 x 12 x 15 :: Rs.4,05,000/-
Towards “Loss of Consortium”, only a sum of Rs.40,000/- was awarded to the 1st respondent, which is very meagre. Therefore, in the light of the judgment of the Honourable Apex Court in Rajesh and others V. Rajbir Singh and others reported in 2013 3 CTC 883, a sum of Rs.1 lakh is awarded under the said head. The sum of Rs.1 lakh awarded to respondents 2 to 4 towards “Loss of love and affection” is reasonable and the same is confirmed. Since no amount was awarded towards “Transportation and Funeral Expenses”, a sum of Rs.20,000/is awarded under the said caption. In all, a sum of Rs. 6,25,000/is payable as compensation to the respondents/claimants. The rate of interest awarded by the Tribunal at 7.5% per annum remains intact.
this Court on expiry of the said period. On such deposit being made, the respondents/claimants are permitted to withdraw the entire amount, as per the ratio fixed by the Tribunal, within a period of one week thereafter.The claimants shall pay additional court-fee for the enhanced amount, if any.
3 issues framed by the court
Whether the High Court can suo motu enhance compensation on re-appreciation of evidence under XLI Rule 33 CPC in the absence of a cross-appeal.
Whether the deduction towards personal expenses should be one-fourth instead of one-third based on family size.
Whether the quantum of compensation for loss of consortium requires enhancement compared to the Tribunal's award.
Colour shows how this judgement treated each authority
Smt. Sarla Verma and Others V. Delhi Transport CorporationApplied¶10
2009 6 SCC 121 · Who else cites this
Rajesh and others V. Rajbir Singh and othersRelied on¶15
2013 3 CTC 883
1 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation Ltd.
Sivagami
Shanmugam
Kamatchi
Muthukumar
N. Kirubakaran
As recorded by the court registry
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