The High Court reviewed an accident compensation award by reducing the deceased's fixed income and adjusting deductions. It awarded consortium damages, reducing the total tribunal award to 16.41 lakhs.
Award reduced to Rs.16,41,000/- with interest; consortium of Rs.1,60,000/- awarded.
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.814 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.03.2024
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
C.M.A.(MD).No.814 of 2023 and
C.M.P.(MD).No.11514 of 2023
The Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai. ... Appellant/2nd respondent
Vs.
T.Chellasamy(died)
1.Baby
2.Chenthil Kumar
3.Amutha
4.S.Sunitha ... Respondents 1 to 4/Petitioners 2 to 5
5.Daniel ... 5th respondent/1st respondent
Prayer : Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 05.08.2022 passed in M.C.O.P.No.100 of 2014, on the file of the Motor Accident Claims Tribunal-cum-Sub-Court, Kuzhithurai.
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C.M.A.(MD).No.814 of 2023
(Prayer is amended as per the order of this Court dated 14.12.2023 made in C.M.P(MD)No.15724 of 2023 in C.M.A(MD)No.814 of 2023 by TKRJ & PBBJ)
For Appellant : Mr.S.Michael Heldon Kumar For R-1 to R-4 : No Appearance
J U D G M E N T
(Judgment of the Court was delivered by
V.BHAVANI SUBBAROYAN, J. )
This Civil Miscellaneous Appeal has been filed by the appellant/Transport Corporation against the award of the Motor Accident Claims Tribunal-cum-Sub-Court, Kuzhithurai, passed in M.C.O.P.No.100 of 2014, dated 05.08.2022.
at about 9.00 a.m., near Chirayankuzhi junction.
date of accident, while the deceased by name C.Sekhar was riding TVS Apachees Motor Cycle bearing Registration No.TN 75 E 2194 from
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C.M.A.(MD).No.814 of 2023 Eraviputhoorkadai to Marthandam on the left side of the road by observing traffic Rules, near Chirayankuzhi Junction, the bus bearing Registration No.TN 30-N-1014 of Madurai Regional T.N.S.T.C., which was coming on the opposite side from Marthandam to Madurai, with high speed, dashed against the motor cycle and threw away the deceased and on the way to the hospital, the deceased succumbed to the injuries.
5.Before the Tribunal, the claimants examined two witnesses as
P.Ws.1 and 2 and marked thirteen documents as Ex.P.1 to Ex.P.13.
On the side of the respondents, one witness was examined as R.W.1 and no document was filed on their side.
C.M.A.(MD).No.814 of 2023
6.The Tribunal, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side and also appreciating the evidence on record, held that the accident occurred only due to the rash and negligent driving of the driver of the T.N.S.T.C., bus and held that the driver of the bus and the T.N.S.T.C., are jointly and severally liable to pay compensation amount and awarded compensation of Rs.23,48,000/-.
no document produced to fix the income of the deceased. However, without any document, on the basis of the licence marked on the side of the claimants, the Tribunal fixed the monthly income of the deceased notionally at Rs.15,000/-, which is not sustainable and as on the date of accident, fixing a sum of Rs.10,000/- would be reasonable, the learned counsel submitted, for which, the produced a number of precedents.
C.M.A.(MD).No.814 of 2023
counsel for the appellant and hence, reduced the monthly income of the deceased from Rs.15,000/- to Rs.10,000/-. It is seen that the Tribunal failed to award future prospects and hence, this Court is inclined to grant a sum of Rs.4,000/- towards future prospects. Since the age of the deceased was found to be 29 years at the time of accident, the appropriate multiplier to be applied as per the Smt.Sarla Verma .vs. Delhi Transport Corporation reported in 2009(2) TN MAC 1(SC) case, is '17'. Further, the Tribunal deducted 1/4th towards personal expenses. Since the deceased was a bachelor at the time of accident, as per Sarla Varma’s case, this Court is inclined to deduct 50% towards personal expenses. The monthly loss of income after deduction would be Rs.10000 + 4000 - 50% = Rs.7,000/- and therefore, the loss of dependency would be Rs.7,000/- x 12 x 17 =Rs.14,28,000/-. Insofar as the consortium is concerned, no amount has been awarded. Therefore, this Court is inclined to award a sum of Rs.40,000/- each to the respondents 1 to 4/claimants under the head ‘consortium’ and the other heads are confirmed.
C.M.A.(MD).No.814 of 2023
| S.No | Description | Amount awarded by Tribunal (Rs) |
Amount awarded by this Court (Rs) |
Award confirmed or enhanced or granted |
|---|---|---|---|---|
| 1. | For loss of income |
22,95,000 | 14,28,000 | reduced |
| 2. | For consortium | - | 1,60,000/- (Rs.40,000/- x 4) |
awarded |
| 3. | For loss of Estate |
16,500 | 16,500 | confirmed |
| 4. | For Transport expenses |
20,000 | 20,000 | confirmed |
| 4. | For Funeral expenses |
16,500 | 16,500 | Confirmed |
| Total | Rs.23,48,000 | Rs.16,41,000 | By reducing a sum of Rs.7,07,000/- |
the award of the Tribunal from Rs.23,48,000/- (Rupees Twenty Three Lakhs and Forty Eight Thousand Only) to a sum of Rs.16,41,000/- (Rupees Sixteen Lakhs and Forty One Thousand only) along with interest
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C.M.A.(MD).No.814 of 2023
at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs;
(ii) The appellant shall deposit the modified award amount to the credit of M.C.O.P.No.100 of 2014, on the file of the Motor Accident Claims Tribunal-cum-Sub-Court, Kuzhithurai, after deducting the amount already deposited if any, within a period of twelve weeks from the date of receipt of a copy of this order. On such deposit being made,
the claimants are permitted to withdraw their respective shares as apportioned by the Tribunal, with proportionate interests and costs.
(iii) If there is any excess amount deposited by the appellant, the appellant is entitled to refund of the same.
No Costs. Consequently, connected Miscellaneous Petition is
closed.
[V.B.S.,J.] [K.K.R.K.,J.] 15.03.2024
Index : Yes/No NCC : Yes/No PM/sbn
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C.M.A.(MD).No.814 of 2023
To
C.M.A.(MD).No.814 of 2023
V.BHAVANI SUBBAROYAN,J.
and K.K.RAMAKRISHNAN,J.
PM/vsg
C.M.A.(MD).No.814 of 2023
15.03.2024
2 issues framed by the court
Whether the monthly income of the deceased notionally fixed at Rs.15,000/- by the Tribunal was reasonable given the lack of documentary evidence.
What is the appropriate multiplier to be applied given the age of the deceased was 29 years at the time of accident.
Colour shows how this judgement treated each authority
Smt.Sarla Verma v. Delhi Transport CorporationApplied¶47
Smt.Sarla Verma .vs. Delhi Transport Corporation reported in 2009(2) TN MAC 1(SC)
1 provisions across 1 enactments
The Managing Director, Tamil Nadu State Transport Corporation Ltd., Madurai
Baby
Chenthil Kumar
Amutha
S.Sunitha
Daniel
V.BHAVANI SUBBAROYAN
K.K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
