The Managing Director v. Indhira
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA C.M.A.No.1932 of 2016 The Managing Director Tamil Nadu State Transport Corporation Limited Kumbakonam ... Appellant/1st Respondent -Vs1. Mrs.Indhira W/o Perumal
2. Minor Vijayasarathy S/o Perumal
3. Minor Vijayasaran S/o Perumal Minors 2, 3 respondents are represented by mother and natural guardian 1st respondent
4. Mrs.Marimuthu W/o Munusamy
5. The United India Insurance Company No.97G, Thervadaku veethi Opp,to old bus stand Seerkali (R5-Given up) ... Respondents/Petitioners & 2nd Respondent Memorandum of Grounds of Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award and decree dated 09.04.2012 made in M.C.O.P.No.190 of 2009 on the file of the Motor Accident Claims Tribunal, Additional Subordinate Judge, Mayiladuthurai.
For Appellant :
Mr.V.S.Vijay Veliappan
JUDGMENT
The Managing Director of Tamil Nadu State Transport Corporation Limited, Kumbakonam has questioned the quantum of compensation awarded by the Motor Accident Claims Tribunal (Additional Subordinate Judge), Mayiladuthurai in M.C.O.P.No.190
of 2009 dated 9.4.2012, awarding a sum of Rs.6,19,000/-, as against the claim of Rs.10,00,000/-, along with interest at the rate of 7.5% per annum from 28.4.2009 till the date of realisation payable to the claimants, for the loss of life of the breadwinner of the claimants' family, aged about 35 years, said to be carrying sweet stall business and thereupon earning a sum of Rs.25,000/- per month.
2. Heard the learned counsel for the appellant.
3. It is not in dispute that the breadwinner of the claimants, namely, Perumal, aged about 35 years, had died in the accident on 27.7.2008 while walking as a pedestrian due to the rash and negligent act of the driver of the appellant Corporation while driving the bus bearing Registration No.TN 49 N 1448 and a finding has also been rendered by the Tribunal in this regard. For arriving at the quantum of compensation towards loss of income to the claimants' family, the Tribunal, without accepting the case of the claimants' that the deceased was earning a sum of Rs.25,000/- per month, citing a reason that there was no acceptable evidence shown before the Court to prove the monthly income of the deceased, has fixed the nominal monthly income at Rs.4,000/-.
After making a deduction of onethird towards the personal and living expenses of the deceased and applying the multiplier of '17', the Tribunal has arrived at the loss of income at Rs.5,44,000/- (Rs.48000x17x2/3= Rs.5,44,000/-). However, the Tribunal has not added anything towards the future prospects, as per the ratio laid down by the Apex Court in Sarala Verma's case, 2009 (2) TN MAC 1 (SC) and even with regard to award of compensation towards loss of consortium, since the deceased left his wife aged about 25 years to shoulder the entire family responsibility, it has awarded only a sum of Rs.25,000/- towards loss of consortium and a sum of Rs.40,000/- alone has been awarded towards loss of love and affection, apart from Rs.5,000/- each towards transportation and funeral expenses, to arrive at the total compensation of Rs.6,19,000/-.
Had the Tribunal added 50% of the actual monthly salary of the deceased i.e., Rs.2,000/- per month towards the future prospects along with a reasonable amount towards the loss of consortium, probably the quantum of compensation would have been on the higher side. Therefore, this Court, finding that the Tribunal has not added 50% of the actual salary of the deceased towards the future prospects and also in not awarding a reasonable sum towards the loss of consortium, does not find merits in the appeal. Accordingly, the civil miscellaneous appeal is dismissed. Consequently, C.M.P.No.14056 of 2016 is also dismissed. It appears that the appellant Transport Corporation, even after the award was passed on 9.4.2012, has not deposited any amount, except the statutory amount of Rs.25,000/-.
unnecessarily prolonged the matter, the appellant is directed to deposit the entire balance award amount along with interest at the rate of 9% per annum to the credit of the M.C.O.P.No.190 of 2009 on the file of the Motor Accident Claims Tribunal, Additional Subordinate Judge, Mayiladuthurai within a period of four weeks from the date of receipt of a copy of this order and on such deposit, it is for the claimants to withdraw the apportioned amount along with accrued interest by moving appropriate applications before the Tribunal. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ss To The Additional Subordinate Judge Motor Accident Claims Tribunal Mayiladuthurai.
+1cc to Mr.V.S.Vijay Veliappan, Advocate, S.R.No.55320 C.M.A.No.1932 of 2016 MSM(CO) CA(25/10/2016)