Transport Corporation appealed a fatal accident award, contending duplication of consortium and love and affection. Court confirmed consortium of Rs.40,000 but reduced loss of love and affection from Rs.2,00,000 to Rs.1,60,000 for four dependents, total compensation reduced to Rs.19,25,208 with 7.5% interest.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.02.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
C.M.A(MD)No. 398 of 2022
and
C.M.P(MD)No.3518 of 2022
M/s.The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam,
represented by Managing Director, No.27, Railway Station Road, Kumbakonam, Periyamilaguparai, Trichy.
... Appellant
Vs.
... Respondents
[The Claimants 2 & 3 are represented by next friend, natural guardian and mother 1st claimant].
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PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, against the award passed in M.C.O.P.No.723 of 2018 dated 07.07.2020 on the file of the Motor Accident Claims Tribunal (District Court), Karur.
For Appellant : Mr.P.M.Vishnuvarthanan For Respondents : Mr.K.Sudalayandi, for R-1
JUDGEMENT
This appeal is filed against the award passed in M.C.O.P.No.723 of 2018 dated 07.07.2020 on the file of the Motor Accident Claims Tribunal (District Court), Karur.
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this appeal the father and mother of the deceased died. Therefore, that portion cannot be deducted and prayed to grant entire amount under the head of love and affection.
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| S. | Description | Amount aw | arded by | Award confirmed / |
|
|---|---|---|---|---|---|
| No. | Tribunal | this Court | enhanced / granted |
||
| 1. | For Loss of future income | Rs.16,85,208/- | Rs.16,85,208/- | confirmed | |
| 2. | For Loss of Consortium | Rs. 40,000/- | Rs. 40,000/- | confirmed | |
| 3. | For Loss of Estate | Rs. 15,000/- | Rs. 15,000/- | confirmed | |
| 4. | For Funeral expenses | Rs. 15,000/- | Rs. 15,000/- | confirmed | |
| 5. | For Transport expenses | Rs. 10,000/- | Rs. 10,000/- | confirmed | |
| 6. | For loss of Love and Affection | Rs. 2,00,000/- | Rs. 1,60,000/- | reduced | |
| Total | Rs.19,65,208/- | Rs.19,25,208/- |
From the compensation of Rs.19,65,208/- granted by the Tribunal, this Court
reduced and granted a sum of Rs.19,25,208/- , as compensation.
compensation with interest at 7.5% p.a., from the date of claim petition till the date of realization along with costs. The 1st claimant is entitled to a sum of Rs. 9,25,208/- and the minor claimants 2 & 3 are entitled to a sum of Rs.5,00,000/-
each, as compensation. The Transport Corporation is directed to deposit the entire
compensation amount, within a period of 12 weeks from the date of receipt of a
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copy of the Order, if not deposited. After depositing the amount, the 1st claimant is permitted to withdraw her share, as per Law. The share of the minor claimants 2 & 3 is to be deposited in anyone of the Nationalised Bank till they attains majority. The 1st claimant/mother is permitted to withdraw the interest amount of the deposited amount of the minor claimants 2 & 3 one in three months. No Costs. Consequently, connected miscellaneous petition is closed.
01.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
KSA
To
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S.SRIMATHY, J.
KSA
Order made in C.M.A(MD)No.398 of 2022
01.02.2024
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1 issue framed by the court
Whether compensation could be granted under both loss of consortium and loss of love and affection heads, and whether Rs.2,00,000 for five dependents was excessive?
1 provisions across 1 enactments
M/s.The Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Kumbakonam
Jayapratha
Minor Deivadharshana
Minor Vasudharani
Kalyani [Died]
Raju [Died]
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
