Partly allowed

S.Kumari v. the Managing Director

Madras HC2 Feb 2024CMA/193/2024

Case brief

AI extract

What is this about?

Appeal to enhance compensation for the death of a real estate agent and flower vendor killed when a TNSTC bus dashed against his scooty. The Court raised notional income to Rs.13,500 with 10% future prospects and multiplier 11, reduced loss of love and affection, enhanced transportation charges, and modified the award to Rs.16,85,550.

What did the court decide?

Award enhanced from Rs.14,48,800 to Rs.16,85,550; respondent directed to deposit the amount with interest and costs within six weeks; minor's share to be kept in a nationalised bank till majority.

S.Kumari Vs the Managing Director — Motor Accident Claims | Madras HC (2024)

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C.M.A.No.193 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.02.2024

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C O R A M

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THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY

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C.M.A.No.193 of 2024

1.S.Kumari

2.S.Gowthami

3.S.Sathish

4.S.Deenathayalan (Minor),

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Rep by his mother/1^st appellant.

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...Appellant

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The Managing Director, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Trichy Region, Periyamilaguparai, Trichy-1.

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... Respondents

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Prayer:

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Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the award passed by the learned IV Judge of Small Causes Court, Chennai, Motor Accident Claims Tribunal dated 12.04.2022 made in MACTOP.No.2691 of 2014 from 14,48,800/- to

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.193 of 2024

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Rs.18,48,800/- (as restricted by the appellants) as against the claim of Rs.40,00,000/- with interest, cost.

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For Appellant : Mr.K.V.Muthu Visakan For Respondent : Mr.M.Murali Vinodh, Standing counsel.

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JUDGMENT

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This civil miscellaneous appeal has been filed to enhance the

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compensation awarded vide the judgment and decree dated 12.04.2022 made in MACTOP.No.2691 of 2014.

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2. The learned counsel for the appellants would submit that on 14.09.2013, when one Settu was riding the scooty bearing Registration No.TN18-K-4217 at Vandavasi to Kancheepuram Road, a TNSTC Bus bearing Registration No.TN-45-N-3164 came in a rash and negligent manner and dashed against him, due to which he was died on the spot. Considering all the aspects the Tribunal had awarded the following compensation:

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.193 of 2024

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*S.No*	*Particulars*		*Compensation (Rs.)*
1	Loss of Dependency		11,97,900
2	Loss of Consortium		44,000
3	Loss of Estate		16,500
4	Funeral Expenses		16,500
5	Loss of Love and Affection		1,60,000
6	Transportation Charges		5,500
7	Attender Charges		8,400
		Total	14,48,800

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3. Further, he would submit that since the deceased was a real estate

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agent as well as a flower vendor, the notional income of a sum of Rs.11,000/fixed by the Tribunal is on the lower side. Hence, he would request this Court to enhance the same.

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4. In reply, though the learned counsel for the respondent had initially objected for the enhancement of compensation, after some arguments, he would suggest this Court to fix a sum of Rs.12,000/- as notional income of the deceased.

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5. Heard the learned counsel for the appellant and the respondent and also

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.193 of 2024

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perused the materials available on record.

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6. In view of the above, considering the nature of avocation of the deceased and year of accident, this Court is inclined to fix a sum of Rs.13,500/as notional income of the deceased. Hence, considering the age of the deceased, by applying '11' as multiplier and adding 10% as future prospects and by deducting 1/4 towards the personal expenses of the deceased, the loss of income would be calculated as follows:

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Rs.13,500/- (notional income) + Rs.1,350/- (10% future prospects) * 11 (multiplier) * 12 (months) * 3/4 (dependency) = Rs.14,70,150/-

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7. Further, it appears that the Tribunal had awarded a sum of Rs.1,60,000/- towards loss of love and affection for three children of the deceased, which is on the higher side. Hence the same is reduced to a sum of Rs.1,20,000/- (Rs.40,000/- each). It also appears that the Tribunal had awarded only a sum of Rs.5,500/- towards transportation, which is on lower side and the same is increased to a sum of Rs.10,000/-.

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Accordingly, the compensation awarded by the Tribunal is modified as

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.193 of 2024

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follows:

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*S.No*	*Particulars*		*Compensation* *awarded by the* *Tribunal* *(Rs.)*	*Compensation* *awarded by* *this Court* *(Rs.)*
1	Loss of Dependency		11,97,900	14,70,150
2	Loss of Consortium		44,000	44,000
3	Loss of Estate		16,500	16,500
4	Funeral Expenses		16,500	16,500
5	Loss of Love and Affection		1,60,000	1,20,000
6	Transportation Charges		5,500	10,000
7	Attender Charges		8,400	8,400
		Total	14,48,800	16,85,550

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Therefore, the amount awarded by the Tribunal is modified as a sum

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of Rs.16,85,550/-. Accordingly, the award amount stands enhanced from a sum of Rs.14,48,800/- to Rs.16,85,550/-. In all other aspects, the award of the Tribunal stands confirmed.

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In the result, this Civil Miscellaneous Appeal is partly allowed and the respondent is directed to deposit a sum of Rs.16,85,550/- along with interest and costs, less the amount already deposited, if any, within a period of 6 weeks from the date of receipt of a copy of this judgment, to the credit of

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.193 of 2024

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MACTOP.No.2691 of 2014 on the file of the Motor Accident Claims Tribunal,

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IV Judge of Small Causes Court, Chennai. Further, the appellants/claimants shall pay necessary Court fee, if any, on the enhanced compensation. Upon such deposit, the share of the minor 4^th appellant is directed to be deposited in any one of the Nationalised Bank till he attains majority and the 1^st appellant being the mother of the minor is permitted to withdraw the accrued interest once in three months for the welfare of the minor. Thereafter, the Tribunal is directed to transfer the shares of the appellants 1 to 3 to their respective bank accounts by way of RTGS, in the proportions determined by this Court, within a period of 3 weeks from the date of deposit and from the date of receipt of the Bank details obtained for the appellants or application for withdrawal from the appellants, whichever is earlier. No costs.

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02.02.2024

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Index: Yes/No Internet:Yes/No Speaking order/Non-speaking order nsa

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.193 of 2024

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To:

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The Motor Accident Claims Tribunal, IV Small Causes Court, Chennai.

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https://www.mhc.tn.gov.in/judis

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C.M.A.No.193 of 2024

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KRISHNAN RAMASAMY,J.

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nsa

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C.M.A.No.193 of 2024

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02.02.2024

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https://www.mhc.tn.gov.in/judis

S.Kumari v. the Managing Director

Case brief

What is this about?

What did the court decide?

S.Kumari v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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