The Managing Director, v. S. Balu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2016
CORAM:
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN C.M.A.No.1040 of 2016 and CMP.No.7972 of 2016 The Managing Director, Tamil Nadu State Transport Corporation Limited, Periyamilaguparai, Trichy.
... Appellant/Respondent Vs.
1.
S.Balu 2.
S.Neela (Minor) 3.
S.Dinesh (Minor) Minors are rep. by their next friend & mother Valliammal 4.
Valliammal .. Respondents Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 28.09.2012, made in M.C.O.P No.625 of 2011 on the file of the Motor Accident Claims Tribunal, (Principal District Judge), Namakkal. For Appellant :
Mr. D.Venkatachalam For Respondents:
-
J U D G M E N T
The Transport Corporation has come up with this appeal challenging the quantum of compensation awarded by the Tribunal. 2.
On 12.09.2011, while the appellant Transport Corporation bus bearing Registration No.TN 45 N 2671 arrived at Elurpatty Bus Stop, in Namakkal to Trichy Main Road, the deceased K.Subramaniam was about to board into the bus, but the driver moved the bus in a rash and negligent manner and so he fell down and sustained crush injuries and died subsequently. The Claim Petition has been filed by his children and mother, before the Tribunal, seeking a sum of Rs.10,00,000/- as compensation. After analyzing the available oral and documentary evidences, the Tribunal awarded a sum of Rs.5,78,000/- as compensation, under the following heads:
Sl.
No Heads Amount Loss of Dependency Rs.5,28,000.00 Loss of love and affection to the claimants Rs. 40,000.00 Funeral expenses Rs. 10,000.00 Total Rs.5,78,000.00 3.
Learned counsel appearing for the appellant/Transport Corporation, mainly contended that the deceased got into the moving bus, due to which he sustained crush injuries and died. The Tribunal has erred in holding negligence on the part of the driver of the appellant Transport Corporation bus, merely based on the F.I.R filed against him. He further contended that the Tribunal ought not to have considered the evidence of PW1, who is the son of the deceased and not an eye witness to the accident. He further contended that in the absence of any valid documentary evidence to prove the age and income of the deceased, the compensation awarded by the Tribunal is on the higher side. Challenging the quantum, this appeal has been filed by the appellant Transport Corporation.
4.
As per the depositions of the witnesses, the evidences and documents produced before the Tribunal, it is found by the Tribunal that the driver of the bus, in a rash and negligent manner had moved the bus, without noticing the deceased getting inside and thus the accident has occurred. Due to the fatal accident, the deceased has left behind two sons, one daughter and his aged mother, while the children had already lost their mother. The Tribunal has awarded only a meagre amount of Rs.10,000/- each towards love and affection to the dependants. In the absence of any proof towards the income of the deceased as an Agriculturist, the Tribunal has fixed only Rs.6000/- per month and has adopted the multiplier '11' considering the age of the deceased as 55 years, although it was stated by the claimants as 48 years. And so, the Tribunal has rightly calculated the loss of income, considering the age of the deceased and that of the dependents and had granted a fair and reasonable compensation.
5. This Court considered the submissions made by the learned counsel for the appellant and perused the materials available on record. Since the respondents/ claimants will not be prejudiced with the result of this Appeal, the main case itself is disposed of at the stage of admission itself, without serving notice to them.
6. Perusal of the records clearly show that after investigation, the Tribunal has come to the conclusion that the negligence is only on the part of driver of the Transport Corporation bus and not on the deceased. Based on the judgment of the Apex Court in Syed Sadiq vs. Deputy Manager, United Insurance Co. Ltd., reported in 2014 (1) TNMAC 459, even in the absence of proof of income, the monthly income of the deceased should be fixed
at Rs.6,500/-. In view of the settled law, we do not find any error on the part of the Tribunal in the fixation of salary of the deceased and the compensation awarded towards "Loss of Dependency". Also, this court finds that the compensation of a sum of Rs.10,000/- awarded under the head 'Funeral expenses' and a sum of Rs.10,000/- under the head 'Loss of Love and Affection' to each dependants, are reasonable and they do not require any interference.
7.
In the above factual background, this Court is of the considered opinion that there is no necessity to interfere with the order passed by the Tribunal. Accordingly, the Civil Miscellaneous Appeal is dismissed confirming the quantum of compensation and the rate of interest at 7.5% per annum awarded by the Tribunal. The appellant/Transport Corporation is directed to deposit the entire award amount together with accrued interest, less the amount already deposited, to the credit of M.C.O.P.No.625 of 2011 on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Namakkal, within a period of eight weeks from the date of receipt of a copy of this order.
On such deposit, the Tribunal shall pay compensation to the major claimants in the form of a crossed Account Payee Cheque, favouring only the claimants and it should not be issued in favour of any other person/Company. It is needless to mention that the proportionate share of the minor respondents/claimants shall be deposited in any one of the Nationalised Banks initially under reinvestment scheme for a period of three years, renewable thereafter periodically and the interest accrued thereon shall be withdrawn by their natural guardian, once in three months, till the minors attain majority. In the case of minor claimants, the proportionate share of the award amount shall be paid to them in the form of a crossed Account Payee Cheque, once they attain majority. No costs. Consequently, the C.M.P. is closed.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To :
The Principal District Judge (Motor Accidents Claims Tribunal) Namakkal.
ala(co) krd 2/8 C.M.A.No.1040 of 2016 and CMP.No.7972 of 2016