In a motor accident claim appeal, the High Court revised the fixed monthly income of the deceased from Rs.7,200 to Rs.6,800, reducing total compensation from Rs.16,18,800 to Rs.15,37,200 while confirming other findings.
Total compensation reduced from Rs.16,18,800 to Rs.15,37,200; other findings confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.11.2016
Coram:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A(MD)No.165 of 2016 and C.M.P.(MD)No.2577 of 2016
State Express Transport Corporation Ltd., Represented by its Managing Director, 5, Pallavan Salai, Chennai-2. .. Appellant/1st Respondent
Vs.
1.B.Ambika 2.Minor Iswarya Raja 3.Minor Jayasakthi 4.Minor Kalvin 5.Minor Livija (The minor Respondents 2 to 5 are represented by their mother, next friend and 1st respondent B.Ambika) 6.P.Jayakumar 7.Muthulakshmi 8.J.Ariponjothi ..Respondents 1 to 8/Petitioners 9.B.Ayyappan
10.Royal Sundaram Alianze Insurance Company Ltd., Represented by its Branch Manager, Sundaram Towers, 45 and 46 Whites Road, Chennai-600 014. .. Respondents 9&10/Respondents 2&3
Prayer:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree made in M.C.O.P.No.1391 of 2013 dated 07.04.2014, on the file of the Motor Accident Claims Tribunal / Special District Court, Tiruchirappalli.
For Appellant : Mr.P.Prabhakaran https://hcservices.ecourts.gov.in/hcservices/ For Respondents : Mr.N.Sudhagar Nagaraj (for R1 to R8)
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JUDGMENT
The appellant/Transport Corporation has filed the present C.M.A(MD)No.165 of 2016, challenging the award passed in MCOP.No.1391 of 2013, dated 07.04.2014, on the file of the Motor Accident Claims Tribunal / Special District Court, Tiruchirappalli.
2.It is a case of fatal accident caused on account of an accident took place on 18.05.2010 around 4.00 a.m. near Konalai in Tiruchy-Chennai National Highway. The legal heirs of the deceased filed an application seeking compensation before the Motor Accident Claims Tribunal / Special District Court, Tiruchirappalli in MCOP.No.1391 of 2013. Considering the facts and circumstances of the case, the Tribunal awarded Rs.16,18,800/- as total compensation. Challenging the same, the appellant/Transport Corporation has preferred the appeal on the ground that the quantum of compensation awarded by the Tribunal was excessive, in view of the fact that the deceased was a lorry driver and the fixation of monthly income of Rs.7,200/- was not in order and in fact it is an excessive income fixed by the Tribunal. The Tribunal has not properly deducted the personal expenses, resulted granting of excess compensation.
3.The learned counsel appearing for the respondent though objected an appeal fairly conceded that Rs.6,800/- monthly income will be a fair fixation and if Rs.6,800/- is fixed as a monthly income of the deceased, the quantum of compensation will be in accordance with well established procedure. Considering the facts and circumstances and based on the fair submission made by both the learned counsel appearing for the appellant as well as the respondent, this Court is inclined to fix the monthly income of the deceased as Rs.6,800/- instead of Rs.7,200/-. Accordingly, the quantum of compensation is revised as below:
Rs.6,800 X 12 X 17 = 13,87,200/-
along with other heads of compensation, the total compensation is Rs.15,37,200/-. Accordingly, this Court is inclined to reduced the total compensation of Rs.16,18,800/- awarded by the Tribunal to Rs.15,37,200/-. In all other respects, the findings of the Motor Accident Claims Tribunal/Special District Court, Tiruchirappalli, dated 07.04.2014, is confirmed and accordingly the Civil Miscellaneous Appeal (MD)No.165 of 2016 is partly allowed by reducing the compensation from Rs.16,18,800/- to Rs.15,37,200/-.
https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel appearing for the appellant/Transport Corporation represented that the entire award amount has already
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been deposited and thereafter, the respondents 1 to 8/claimants are permitted to withdraw the entire award amount with accrued interest through RTGS, by filing necessary application before the Tribunal as per the ratio fixed by the Tribunal. In so far as, if there are any minors, the Tribunal is directed to deposit their respective portion in any one of the Nationalised Bank, till they attain majority. The guardian of the minor is permitted to withdraw the interest of the minor share once in three months directly from the bank. The appellant/Transport Corporation is permitted to withdraw the balance award amount with proportionate accrued interest by filing necessary application before the Tribunal. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(Records)
/True Copy/
Sub-Assistant Registrar
To
The Motor Accident Claims Tribunal/ Special District Court, Tiruchirappalli.
Copy to:-
The Section Officer, V.R.Section/Record,
Madurai Bench of Madras High Court, Madurai
+One cc to Mr.N.Sudhagar Nagaraj, Advocate, SR.No.73618 +One cc to Mr.P.Prabhakaran, Advocate, SR.No.73472
vsa
RL/5C/3P/MR/5.4.2017
| C.M.A(MD)No.165 of | 2016 |
|---|---|
| and | |
| C.M.P.(MD)No.2577 of | 2016 |
28.11.2016
1 issue framed by the court
Whether the monthly income of the deceased lorry driver fixed at Rs.7,200/- by the Tribunal is excessive.
1 provisions across 1 enactments
State Express Transport Corporation Ltd.
B.Ambika
Royal Sundaram Alianze Insurance Company Ltd.
Justice S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
