Automobile Coram enhanced compensation from 3.75 lakhs to 5.30 lakhs awarded for a child's death, rejecting the Transport Corporation's appeal against the award's quantum.
Civil Miscellaneous Appeal dismissed; compensation enhanced to Rs. 5,30,000.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2015
CORAM
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
C.M.A.NO.603 of 2015
and M.P.No.1 of 2015
The Managing Director, Tamil Nadu State Transport Corporation Ltd., Kanchipuram .. Appellant/ Respondent
1.R.Shanmugam 2.Deivanayagi ... Respondents/ Petitioners
Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the judgment and decree passed by the Motor Accident Claims Tribunal, (Sub Court) Kancheepuram in M.C.O.P.No.451 of 2002 dated 12.07.2013 for awarding compensation.
For Appellant : Mr.S.Sairaman
For Respondent 1: Mr.C.Prabakaran
JUDGMENT
This appeal has been preferred by the Transport Corporation against the award of Rs.3,75,000/- as compensation for the death of one Maya @ Mohana, aged about 7 years, a student in the accident occurred on 06.03.2002.
2.Heard Mr.S.Sairaman, learned counsel appearing for the appellant and Mr.C.Prabakaran, learned counsel appearing for the respondents/claimants.
Rs.2,25,000/-. Similarly Rs.75,000/- was awarded for non pecuniary damages and Rs.75,000/- was awarded towards loss of future expectation of life. Totally a sum Rs.3,75,000/- was awarded. The formula adopted by the Tribunal to determine the compensation is erroneous. In similar circumstances, the Honourable Supreme Court in Kishan Gopal and another Vs. Lala and others reported in 2013 (2) TN MAC 358 (SC) for the death of 10 years old boy, took Rs.15,000/as notional annual income determined in the second schedule would not reflect correct mandatory value and adopted multiplier according to the age of the mother, and awarded a sum of Rs.5,00,000/-. If this formula is applied, Rs.30,000/- should be taken as notional annual income and according to the age of the mother, the multiplier to be applied is 16 and the loss of income to be determined as Rs.4,80,000/- (Rs.30,000x16). As per the same judgment, a sum of Rs.50,000/- for non-pecuniary damages was awarded by the Hon'ble Supreme Court. Therefore, a sum of Rs.50,000/- is hereby awarded under the same. Totally, a sum of Rs.5,30,000/- is awarded as compensation. The rate of interest awarded by the Tribunal at 7.5% p.a. remains unaltered.
/true copy/
Sub Asst. Registrar
kkd
To
2 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal needs enhancement in light of SC decision.
Whether this Court can suo motu enhance compensation under Order 41 Rule 33 CPC.
Colour shows how this judgement treated each authority
Kishan Gopal and another Vs. Lala and othersReferred¶18
2013 (2) TN MAC 358 (SC)
2 provisions across 2 enactments
The Managing Director, Tamil Nadu State Transport Corporation Ltd., Kanchipuram
1.R.Shanmugam
Deivanayagi
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
