M.Muniammal v. Metropolitan Transport
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2019
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA C.M.A.No.2248 of 2012 1.M.Muniammal 2.K.Karpagambal 3.J.Bharathi 4.P.Senthamizh Chelvan 5.U.Rukmani ... Appellants vs.
Metropolitan Transport Corporation Chennai Ltd., rep. by its Managing Director, Pallavan Salai, Chennai - 600 002. ...Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the decree and judgment dated 08.11.2011 in M.C.O.P.No.2339 of 2008 on the file of the Motor Accident Claims Tribunal / Additional District Cum Sessions Judge, Fast Track Court - V, Chennai. Appellants : Mr.R.Kalaiarasan Respondent : Mr.K.Natarajan
J U D G M E N T
The appellants are the claimants in M.C.O.P.No.2339 of 2008 on the file of the Motor Accident Claims Tribunal / Additional District Cum Sessions Judge, Fast Track Court - V, Chennai. They filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.6,00,000/- for the death of one Perumal, father of the claimants in a road accident on 07.03.2008.
2. The case of the claimants in nutshell is as follows:
On 07.03.2008, the deceased Perumal was waiting for a bus at Defense Quarters Bus Stop, Anna Salai, Chennai and at about 21.25 hours, a speeding bus bearing Registration No. TN 01 N 3916 hit the deceased, as a result whereof, the deceased Perumal sustained grievous injuries. He was immediately rushed to the Government General Hospital at Chennai. However, he succumbed to injuries on 08.03.2008.
3. According to the claimants, the accident took place due to the rash and negligent driving of the driver of the bus
belonging to the respondent / Metropolitan Transport Corporation Chennai and therefore, they are liable to pay compensation.
4. The learned Additional District Cum Sessions Judge / Motor Accident Claims Tribunal, Fast Track Court - V, Chennai after analysing the evidence on record, awarded a compensation of Rs.2,38,000/- together with interest at the rate of 9% per annum to the claimants. Not being satisfied with the quantum of compensation awarded by the Tribunal, the claimants have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988.
5. Heard Mr.R.Kalaiarasan, learned counsel appearing for the appellants and Mr.K.Natarajan, learned counsel appearing for the respondent.
6. In the claim petition, it is contended that the deceased was working as a security guard, earning a sum of Rs.4,500/- per month. In the absence of income proof, the Tribunal fixed the notional income of the deceased as Rs.3,000/- per month. It is pertinent to point out that the accident took place in the year 2008 and in the facts and circumstances, this Court is of the opinion that fixing a sum of Rs.4,500/- as notional monthly income of the deceased would meet the ends of justice. The Tribunal did not also award any amount towards "future prospects" of the deceased, especially, when the deceased was aged 60 years on the date of the accident. As per the decision of the Supreme Court of India in National Insurance Co.
vs Pranay sethi and others reported in 2017 (2) TNMAC 601, 10% should be added towards future prospects of the deceased. Since there are five dependents, 1/3rd of the deceased's income should be deducted towards his personal expenses. The proper multiplier to be adopted in the instant case is 9 as per the decision rendered in Sarla Verma and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121.
Calculation Notional Income = Rs.4,500/- 10% Future Prospects = Rs.4,950/- After 1/3 deduction = Rs.3,300/- Loss of dependency = Rs.3,300/- x 12 x 9 = Rs.3,56,400/-
7. Apart from the above said amount, the appellants / claimants are entitled to a sum of Rs.15,000/-, Rs.40,000/- and Rs.15,000/- towards "loss of estate", "loss of love and affection" and "funeral expenses" respectively, as per the decision rendered in National Insurance Co. vs Pranay sethi and others reported in 2017 (2) TNMAC 601 (SC). The award passed by this Court under various heads is extracted hereunder:
S.No.
Head Amount granted by this court 1.
Loss of dependency Rs.3,56,400/- 2.
Loss of estate Rs.15,000/- 3.
Loss of love and affection Rs.40,000/- 4.
Funeral expenses Rs.15,000/- Total Rs.4,26,400/-
8. Thus, the compensation awarded by the Tribunal is enhanced from Rs.2,38,000/- to Rs.4,26,400/- which would carry interest at the rate of 7.5% per annum.
9. In the result, (i) The Civil Miscellaneous Appeal is partly allowed. No costs.
(ii) The quantum of compensation awarded by the Tribunal is enhanced from Rs.2,38,000/- to Rs.4,26,400/-. (iii) The appellants / claimants are directed to pay court fee for the enhanced compensation amount, if any, within a period of three weeks from the date of this order and the Registry is directed to draft the decree only after receipt of the Court fee.
(iv) The respondent / Metropolitan Transport Corporation Chennai is directed to deposit the enhanced compensation amount i.e., Rs.4,26,400/- (less the amount already deposited) together with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit to the credit of M.C.O.P.No.2339 of 2008 on the file of the Motor Accident Claims Tribunal / Additional District Cum Sessions Judge, Fast Track Court - V, Chennai within a period of four weeks from the date of receipt of a copy of this order.
(v) On such deposit being made, the appellants / claimants are at liberty to withdraw the same as per the orders passed by the Tribunal after following due process of law. The ratio of apportionment made by the Tribunal shall be kept intact.
Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar mtl To The Motor Accidents Claims Tribunal, The Additional District Cum Sessions Judge, Fast Track Court - V, Chennai.
Copy To The Section Officer, Vernacular Records, High Court, Madras-104.
+1cc to Mr.NM.Muthurajan, Advocate SR.No.99671 C.M.A.No.2248 of 2012 BP(CO) GMY(19/11/2020)