The appellant Transport Corporation appealed against the compensation award of Rs. 7,95,000 granted for a fatal accident. The High Court found the appeal without merit as adjustments would not alter the final quantum.
Appeal dismissed; Transport Corporation directed to deposit the Tribunal's award balance of Rs. 7,95,000.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2017
CORAM : THE HONOURABLE Mr.JUSTICE N.SESHASAYEE
CMA.No.980 of 2012 and M.P.No.1 of 2012
The Managing Director, Tamil Nadu State Transport Corporation (Salem-II) Ltd., Salem. Regional Office : Dharmapuri. ... Appellant/Respondent Vs. 1.Chithra 2.Minor M.Ranith 3.Minor M.Ranjitha 4.Sakunthala ... Respondents 1 to 4/ Petitioners (Respondents 2 and 3 are Minors represented by their next friend and mother 1st respondent Chithra)
Prayer : Civil Miscellaneous Appeal preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 30.03.2011 made in M.A.C.T.O.P.No.1117 of 2009 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Dharmapuri.
For Appellant : Mr.D.Venkatachalam
For Respondents R1 : Mr.Sriram
JUDGMENT
The respondent in MCOP.No.1117/2009 before the MACT has come forward with this appeal challenging the quantum of compensation awarded. On 29.09.2009 at about 6.30 p.m. a certain Muniraj while riding his motor cycle with his wife, the first claimant, in the pillion, along Uthangarai – Samalpatti road, he was fatally knocked down by a rashly and negligently driven State Transport Corporation bus bearing TN 29-N-1664. He was 32 years at that relevant time and was engaged in supply of mangoes to the industries manufacturing mango pulp. He left behind himself
surviving his young widow, two children and his mother as dependants. Seeking a claim of Rs.15,00,000/- for the death of Muniraj, his heirs approached the Tribunal below. The Tribunal on evaluating the evidence before it, has passed an award for Rs.7,95,000/- payable with interest at 7.5% per annum. The break up details is as follows :
| Heads | Amount awarded (Rs.) |
|---|---|
| Towards loss of dependency |
7,65,000.00 |
| Loss of consortium | 5,000.00 |
| Loss of love and | 15,000.00 |
| affection @ Rs.5,000/- each for two children and his mother |
|
| Towards transport and | 10,000.00 |
| funeral expenses | |
| Total : | 7,95,000.00 |
In arriving at the value of loss of dependency, the Tribunal has reckoned the income of the deceased annually at Rs.60,000/notionally as no documentary evidence was produced, and deducted 1/4th of the said amount towards personal expenses of the deceased and applied a multiplier of 17 to arrive at the amount of Rs.7,65,000/- on this head. After adding the damages awarded on other non-pecuniary heads of compensation, it passed an award amount stated above.
against the other heads of non-pecuniary damages. In the final analysis, it is not likely to alter the total quantum of compensation awarded by the Tribunal.
Sd/-
Asst.Registrar (CCC)
/true copy/
Sub Asst. Registrar
ssn/ds
To
1. The Motor Accident Claims Tribunal
Principal District Judge,
Dharmapuri.
2. The Section Officer
VR Section
High Court Madras,
Chennai.
+1cc to M/S.D.Venkatachalam, Advocate Sr. 55223
+1cc to Mr.Sriram, Advocate Sr. 56339
C.M.A.No.980 of 2012
and M.P.No.1 of 2012
PPA(CO)
VR(03/10/2017)
2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in applying a multiplier of 17 and assessing non-pecuniary damages of Rs. 10,000.
Whether the award needs enhancement.
1 provisions across 1 enactments
Managing Director, Tamil Nadu State Transport Corporation (Salem-II) Ltd.
Chithra
Minor M. Ranith
Minor M. Ranjitha
Sakunthala
N. Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
