Dismissed

The Managing Director v. Manjula Devi

Madras HC14 Mar 2017CMA/824/2017

Case brief

AI extract

What is this about?

The Division Bench dismissed the Managing Director of Tamil Nadu State Transport Corporation's appeal against the Motor Accident Claims Tribunal's award of Rs.17,97,000/-. The Court upheld the Tribunal's income determination of Rs.7,000/- p.m. and the total compensation, rejecting claims of gross excessiveness.

What did the court decide?

The appeal was dismissed and the Tribunal's award was confirmed. The Corporation Defendant was directed to deposit the award amount with interest within four weeks.

The Managing Director Vs Manjula Devi — Motor Accident Claims | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 14/3/2017

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C O R A M The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice M.Govindaraj Civil Miscellaneous Appeal No.824 of 2017

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The Managing Director
Tamil Nadu State Transport Corporation
(Coimbatore) Div-I Limited,
37, Mettupalayam Road,
Coimbatore. ...Appellant /Respondent
Vs
1. Manjula Devi,
W/o. SureshKumar,
2. Minor Dhanyashree
D/o. SureshKumar
3. Rayappan
S/o. Periya Velappa Gounder
4. Uthami
W/o. Rayappan ...Respondents/Petitioners
(Minor represented by Mother/Guardian
first respondent)

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Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the decree and judgment, dated 23/02/2016, made in M.C.O.P.No.624 of 2014, on the file of the Motor Accident Claims Tribunal, I Additional District Judge, Tirupur.

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J U D G M E N T

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(Judgment of the Court was delivered by S.Manikumar,J)

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Being aggrieved by the quantum of compensation of Rs.17,97,000/-, with interest, at the rate of 7.5% p.a., from the date of claim, till realization and costs, awarded to the

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https://hcservices.ecourts.gov.in/hcservices/

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legal representatives of the deceased, in M.C.O.P.No.624 of 2014, dated 23/2/2016, on the file of the Motor Accident Claims Tribunal, I Additional Judge, Tirupur, the Managing Director, Tamil Nadu State Transport Corporation Limited, (Coimbatore) Division – I, Coimbatore, has filed the instant appeal, questioning the determination of monthly income of the deceased, stated to be a Mechanic, as Rs.7,000/- p.m.

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Except the above, Mr.J.Lokesh learned counsel for the appellant submitted that there is no other challenge.

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Submission of the learned counsel for the appellant is placed on record.

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According to the claimants, wife, minor daughter, aged about 8 months and parents, aged about 60 and 52 years respectively, at the time of death, the deceased was a mechanic, earned Rs.20,000/- p.m. However, documentary evidence has been filed. Accident has occurred, on 9/6/2011. Considering the prevailing circumstances, the Tribunal has determined the monthly income as Rs.7,000/- p.m. Added 50% of the income under the head future prospects. As the number of dependants are 4, the Tribunal deducted 1/3 towards the personal and living expenses of the deceased and computed the annual loss of contribution to the family as Rs.94,500/-. Tribunal applied 16 multiplier and awarded compensation of Rs.15,12,000/- under the head loss of contribution to the family. That apart, the Tribunal has awarded Rs.1,00,000/- to the wife, under the head loss of consortium. Rs.50,000/- has been awarded for loss of love and affection to the parents. Under the head loss of care and guidance for minor, a sum of Rs.1,00,000/- has been granted. A sum of Rs.25,000/- and Rs.20,000/- has been awarded under the head funeral expenses and transportation, respectively. Altogether, Tribunal had awarded Rs.17,97,000/- as compensation, with interest at the rate of 7.5% p.a., from the date of claim till realisation. To provide, food, shelter, clothing and to meet out the expenses, towards electricity, water and other incidental expenses, one may require reasonable income. Dependants are 4 in number. Sum of Rs.7,000/- fixed as monthly income, by the Tribunal, cannot at any stretch of imagination be said to be grossly excessive, warranting interference. Compensation awarded under other heads is reasonable.

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In the result, C.M.A.No.824 of 2017 is dismissed and the award passed by the Motor Accident Claims Tribunal/I Additional District Court, Tirupur, in M.C.O.P.No.624 of 2014, is confirmed. No costs. Consequently, the connected Miscellaneous Petition No.4200 of 2017 is closed. The Managing Director, Tamil Nadu State Transport Corporation, Coimbatore, Division – I Limited, Coimbatore, is directed to deposit the entire award amount, with proportionate interest and costs, at the rate of

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7.5% p.a., less the statutory deposit, to the credit of M.C.O.P.No.624 of 2014, on the file of the Motor Accident Claims Tribunal, I Additional District Judge, Tirupur, within a period of four weeks, from the date of receipt of a copy of this order. Wife and parents of the deceased, being majors are permitted to withdraw the share apportioned to them, with proportionate interest, by making necessary applications before the Tribunal. Share apportioned to the minor/second respondent, shall be deposited in any one of the Nationalised Banks, proximate to the residence of the first respondent/mother. She is permitted to withdraw the accrued interest, once in three months. Share of the minor shall be in the Bank deposit, till she attains majority.

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Sd/-
Asst.Registrar (CCC)
/true copy/
Sub Asst. Registrar
To
1.The Motor accident Claims Tribunal,
1 st Additional District Judge Tirupur.
+1 cc to Mr.Ma.p.Thangavel,advocate,sr.16144.
scp(co)
krd 11/4
Civil Miscellaneous Appeal No.824 of 2017

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The Managing Director v. Manjula Devi

Case brief

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The Managing Director v. Manjula Devi

Case brief

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