The High Court modified the Motor Accident Claims Tribunal's award by enhancing the multiplier to 18 and notional income to Rs. 8,000/-, increasing the total compensation payable by the State Transport Corporation to Rs. 11,42,654/- plus interest.
Enhanced compensation set at Rs. 11,42,654/- plus interest at 7.5% p.a.
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(MD)No.159 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.02.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
C.M.A(MD)No.159 of 2022
1.P.Mookan Periyandi 2.M.Pandiammal
... Appellants
Vs.
The Managing Directors, Tamil Nadu State Transport Corporation Limited, Madurai Dindigul Region, Bye Pass Road, Collectorate Post, Dindigul-624 004.
... Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act 1988, against the order, dated 05.10.2020, passed in M.C.O.P.No.607 of 2018 on the file of the Motor Accident Claims Tribunal District and Sessions Court for Communal Clash Cases, Madurai.
For Appellants : Mr.PT.S.Narendravasan For Respondent : Mr.K.Sudaliayandi
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C.M.A(MD)No.159 of 2022
JUDGEMENT
This appeal is filed by the claimants against the award passed by
the Tribunal.
2.It is the case of fatal. The contention of the appellants is that the deceased Sanjay is only 15 years old and in view of his age, multiplier of 18 is applicable. But the Tribunal has wrongly fixed the multiplier as 15 while awarding the compensation. On perusing the evidence it is seen that the deceased is 15 years and hence the multiplier of 18 is applicable and hence the Tribunal had erred in applying wrong multiplier.
3.The next contention is that the Tribunal has fixed the notional income as Rs.6000/-. Generally, when the income certificates and other evidence are not available, the notional income ought to be fixed as Rs. 8,000/-. Therefore, the Tribunal has erred in fixing the notional monthly income of the deceased as Rs.6000/- and this Court is fixing the same as Rs.8,000/-.
C.M.A(MD)No.159 of 2022
4.The modified award amount is as under:
| i. Monthlyincome of the deceased |
Rs.8,000/- |
|---|---|
| 1/2 of income deducted towards personal | Rs.8000 /- – Rs.4000/- |
| expenses | = Rs.4,000/- |
| After deduction | Rs.4,000/- |
| Sl. No . |
Head of Compensation | Award granted by the Tribunal |
Modified award granted by this Court |
|---|---|---|---|
| 1. | Loss of Pecuniary Benefits | Rs.5,40,000/- | Rs. 8,64,000/- (enhanced) |
| 2. | Loss of Estate | Rs.15,000/- | Rs.15,000 /- (confirmed) |
| 3. | Funeral Expenses | Rs.15,000/- | Rs.15,000/- (confirmed) |
| 4. | Loss of Love and Affection | Rs.40,000/- | Rs.40,000/- (confirmed) |
| 5. | Medical Bills | Rs.2,08,654/- | Rs. 2,08,654/- (Confirmed) |
| Tot by t |
al compensation granted his Court |
Rs.8,19,000/- (Rounded off) |
Total = Rs. 11,42,654/- (enhanced) |
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C.M.A(MD)No.159 of 2022
5.The respondent shall deposit Rs.11,42,654/- (Rupees Eleven Lakh Forty Two Thousand Six Hundred and Fifty Four only) with interest at the rate of 7.5% per annum and costs to the credit of M.C.O.P., on the file of claims Tribunal, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this judgment. On such deposit, the claimants are permitted to withdraw their shares (claimants 1 and 2 are entitled to equal shares) with proportionate accrued interests and costs, less the amount already withdrawn by them, if any, by filing appropriate application before the Tribunal.
07.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No jbr
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C.M.A(MD)No.159 of 2022
To
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C.M.A(MD)No.159 of 2022
S.SRIMATHY, J.
jbr
JUDGMENT made in C.M.A(MD)No.159 of 2022
07.02.2024
1 issue framed by the court
What is the appropriate multiplier for a deceased aged 15 years? What is the appropriate notional monthly income? Should the tribunal's award be modified?
1 provisions across 1 enactments
P.Mookan Periyandi
M.Pandiammal
The Managing Directors, Tamil Nadu State Transport Corporation Limited
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
