The High Court of Judicature at Madras dismissed the appellant Motor Corporation's miscellaneous appeal. The court upheld the Motor Accident Claims Tribunal's award of Rs.24,13,000/-, finding the quantum of compensation, including dependency and future prospects, fair and reasonable.
No costs. Connected miscellaneous petition is closed.
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.
C.M.A.No.2805 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.12.2022
Coram :
The Honourable Mr.Justice R.MAHADEVAN and
The Honourable Mr.Justice J.SATHYA NARAYANA PRASAD
C.M.A.No.2805 of 2021 and C.M.P.No.15991 of 2021
The Managing Director, Tamil Nadu State Transport Corporation Limited, Regional Office, Bharathipuram, Dharmapuri – 5.
...Appellant
Versus
1.Thulasi 2.Minor Keerthana 3.Minor Kishore Kumar 4.Venkatesappa 5.Rathinamma
6.Renuka ...Respondents
This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988 against the fair and decreetal order dated 15.10.2019 made in M.C.O.P.No.420 of 2017 on the file of the Motor Accident Claims Tribunal/Additional District Court, Hosur.
For Appellant : Ms.P.Rajathi for D.Raghu For Respondents : Mr.S.P.Yuvaraj
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JUDGMENT
(Judgment of the Court was delivered by R.MAHADEVAN, J.)
This Civil Miscellaneous Appeal has been filed by the
appellant/Transport Corporation questioning the quantum of compensation awarded by the learned Motor Accident Claims Tribunal Judge/Additional District Judge, Hosur (in short, “the Tribunal”) by judgment and decree dated 15.10.2019 in M.C.O.P.No.420 of 2017.
M.C.O.P.No.420 of 2017 before the Tribunal, claiming a sum of Rs.35,00,000/- as compensation from the appellant/Transport Corporation for
the death of one Lagumappa, who died in a road accident that took place on 04.10.2015. On the basis of oral and documentary evidence produced, the Tribunal held that the accident occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant/Transport Corporation and hence, it directed the appellant/Transport Corporation to pay a sum of Rs.24,13,000/- as compensation to the respondents/claimants. The break up details of the compensation awarded by the Tribunal are as follows:
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Sl.Nos.
1.
2.
| Sl.Nos. | Heads | Amount awarded by the Tribunal |
|---|---|---|
| 1. | Loss of Dependency | Rs.16,20,000/- |
| 2. | Loss of Love and Affection | Rs.60,000/- |
| 3. | Transportation | Rs.10,000/- |
| 4. | Funeral Expenses | Rs.15,000/- |
| 5. | Loss of Estate | Rs.20,000/- |
| 6. | Future Prospects | Rs.6,48,000/- |
| 7. | Loss of Consortium | Rs.40,000/- |
| Total | Rs.24,13,000/- |
Aggrieved by the quantum of compensation awarded by the Tribunal, the appellant/Transport Corporation has preferred this Civil Miscellaneous Appeal before this Court.
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Rs.1,08,000/- (Rs.9,000/- x 12). Thereafter, considering the fact that the deceased was aged about 38 years at the time of accident and following the judgment of the Hon'ble Supreme Court in Sarla Verma and others Vs. Delhi Transport Corporation and another [2009 (6) SCC 121], applied the multiplier '15' and ultimately, determined the Loss of Dependency at Rs.16,20,000/- (Rs.1,08,000/- x 15 = Rs.16,20,000/-), which is fair, just and reasonable and hence, the same does not warrant any interference by this court.
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costs. Consequently, connected miscellaneous petition is closed.
( R.M.D., J. ) ( J.S.N.P., J. ) 12.12.2022
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Index : Yes/No
Speaking Judgment (or) Non-Speaking Judgment
To
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R.MAHADEVAN, J. and J.SATHYA NARAYANA PRASAD, J.
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C.M.A.No.2805 of 2021
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2 issues framed by the court
Whether the quantum of compensation awarded by the Tribunal is excessive, exorbitant and unreasonable?
Whether the assessment of Loss of Dependency and Future Prospects requires interference?
Colour shows how this judgement treated each authority
The Managing Director, Tamil Nadu State Transport Corporation Limited
Thulasi
Minor Keerthana
Minor Kishore Kumar
Venkatesappa
Rathinamma
R.MAHADEVAN
J.SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
