The Management v. S.Murugan

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED 09.03.2017

CORAM

THE HONOURABLE MS. JUSTICE PUSHPA SATHYANARAYANA C.M.A. No. 1410 of 2016 The Managing Director, Tamil Nadu Transport Corporation, Villupuram Division-1, Having Office at Rangapuram, Vellore-9.

2nd respondent/Appellant

Versus

1. S. Murugan

2. Minor. M. Gunasekar,

3. Minor. Seetha

4. K. Arumugam Respondents/1st Respondent Appeal filed under Section 173 of Motor Vehicle Accidents Claims Tribunal against the order dated 26.03.2015 made in M.C.O.P. NO. 7 of 2013 on the file of Motor Accident Claims Tribunal, (I Additional District and Sessions Judge), Vellore. For Appellant :

Mr. P. Paramasiva Doss For Respondent :

Mr. A. Saravanan(R1 to R3) R4 No Representation

J U D G M E N T

Challenging the negligence as well as the quantum of compensation awarded by the Claims Tribunal, in M.C.O.P.No.7 of 2013, dated 26.03.2015, the Transport Corporation has preferred this Civil Miscellaneous Appeal.

2. One Ms.M.Sumathi, aged 38 years who was working as a servant maid, died in an accident that occurred on 07.03.2012. Hence, her husband and minor children has filed M.C.O.P.No.7 of 2013, before the Motor Accident Claims Tribunal, seeking compensation for a sum of Rs.25,00,000/-. The Claims Tribunal, on consideration of oral and documentary evidence has awarded a sum of Rs. 6,50,000/-. The break-up details of the same are as under:

Loss of income - Rs.

6,00,000/- Funeral Expenses - Rs. 5,000/- Love and affection - Rs. 40,000/- Medical Transportation - Rs. 5,000/- ____________ Total Rs.

6,50,000/- ____________ https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the appellant would submit that the notional income of the deceased was fixed at Rs.5,000/-, without any proof and the same is on the higher side. It is his further contention that the amount of compensation awarded is highly excessive and the tribunal ought not to have adopted multiplier method, while quantifying the compensation under the head of Loss of income.

4. A perusal of the award passed by the Claims Tribunal would go to show that the tribunal has fixed a sum of Rs.5,000/- as monthly income of the deceased without any proof. But, as per the Judgment of the Hon'ble Apex Court in Syed Sadiq Vs. Deputy Manager, United India Insurance Co. Ltd., reported in 2014 (1) TNMAC 459, in the absence of proof of income, a sum of Rs.6,500/- per month can be taken. Hence, the amount awarded under the head of Loss of income cannot be said to be excessive. Since, the claimant is aged 38 years, the amount awarded towards other heads cannot be said to be excessive and the same need not be reduced.

5. In view of the same, I do not find any reason to interfere with the award passed by the Claims tribunal, dated 26.03.2015.

6. In the result, this appeal is dismissed, confirming the Judgment of the claims Tribunal in M.C.O.P.No.7 of 2013, dated 26.03.2015. The Claimants are entitled to the award amount as per the apportionment made by the Tribunal. The Transport Corporation is directed to deposit the award amount, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the first claimant is permitted to withdraw the same. The share of the minor claimants are ordered to be deposited in any of the Nationalised Banks in a Fixed deposit scheme, till the minor attains majority and the first claimant is entitled to withdraw the interest, once in three months. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar arr To The Motor Accident Claims Tribunal (I Additional District and Sessions Judge), Vellore District.

+1cc to Mr.A.Saravanan,Advocate sr.15174 +1cc to Mr.P.Paramasivadoss,Advocate sr.15397 C.M.A. No.1410 of 2016 sks(co) ss(11/4/2017) https://hcservices.ecourts.gov.in/hcservices/