Madras High CourtCMA/2026/2017allowed

Jayalakshmi v. The Managing Director

2017-07-18Honourable Dr. Justice S. Vimala8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-12-2024

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI CMA. 2026 of 2017 JAYALAKSHMI W/O.LATE.P.V.BASKARAN, ALL ARE AT NO.98, BIG STREET, 65, PALUR VILL & PO, ATHUR, CHENGALPET TK, KANCHEEPURAM DT APPELLANT(S) Vs THE MANAGING DIRECTOR TAMILNADU STATE TRANSPORT CORPORATION, KANCHEEPURAM.

RESPONDENT(S) For Appellant(s):

M/S.V.PARIVALLAL For Respondent(s):

Mr.S.SANTHOSH KUMAR

ORDER

Today the matter is listed under the caption "for being mentioned".

2. Learned counsel appearing for the appellants submitted that though the appellants have been awarded a sum of Rs.7,82,700/- as compensation to be payable by the respondent Corporation, however, this Court has not fixed the proportionment of the award. Hence, paragraph No.8 of the order dated 18.07.2017 shall stand modified as follows: "8. The respondent / Transport Corporation is directed

to deposit the entire amount, along with interest at 7.5% per annum from the date of petition till the date of deposit, as determined by this Court, less the amount already deposited, if any, before the Tribunal, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to transfer 60% of the award in favour of the first appellant and 20% in favour of the second and third appellants respectively along with proportionate interests, directly to the bank account of the respective appellants through RTGS, within a period of two weeks thereafter. Additional Court fee shall be paid by the claimants for the enhanced amount before obtaining the copy of the judgment.

4. Registry is directed to carry out the necessary correction in the order dated 18.07.2017 and issue fresh copy of the order to the learned counsel for the parties.

09.12.2024 RAP To

1. THE MANAGING DIRECTOR TAMILNADU STATE TRANSPORT CORPORATION, KANCHEEPURAM. RAP

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2017

CORAM

THE HONOURABLE Dr.JUSTICE S.VIMALA C.M.A.No.2026 OF 2017 1.Jayalakshmi 2.Anandan 3.Ramesh ..

Appellants Vs The Managing Director, Tamil Nadu State Transport Corporation, Kancheepuram.

Respondents Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 20.03.2017 made in M.C.O.P.No.284 of 2012 on the file of the Motor Accidents Claims Tribunal (2nd Additional District and Sessions Judge, Ranipet, Vellore District).

For Appellants : Mr. V.Parivallal For Respondent : Mr.S.V.Vasanthakumar

JUDGMENT

The deceased, aged 58 years, Branch Post Master as well as doing

Real Estate Business, earning a sum of Rs.20,000/- per month, met with an accident on 23.04.2011 and died after taking treatment for eight days.

2. The wife and sons as claimants have filed the claim petition for compensation claiming a sum of Rs.25,00,000/-. As against the claim made, the tribunal has passed an award for a sum of Rs.6,12,700/-.

3. It is the grievance of the learned counsel for the appellants that the award under the heads "loss of consortium" and "loss of love and affection" to the claimants are extremely low and therefore, they require enhancement.

4. The deceased was aged 58 years at the time of accident. As there was no proof for monthly income of the deceased the income had been taken at Rs.7,000/- per month and deducting 1/3rd towards personal expenses, the monthly contribution of the deceased had been taken at Rs.4,700/- and adopting multiplier 18 the loss of earning to the family (Rs.4,700/-x12 x8) was arrived at Rs.4,51,200/-.

5. The medical expenses incurred during the period, when the deceased was alive has been quantified at Rs.31,500/-.

5.1. Loss of consortium to the first claimant has been awarded at Rs.50,000/-. Awarding Rs.25,000/- towards love and affection for each of the sons, Rs.30,000/- for funeral expenses the total amount of compensation has been arrived at Rs.6,12,700/-.

6. The tribunal has not awarded any amount towards pain and suffering of the deceased while he was alive and hence, a sum of Rs.20,000/- is awarded towards pain and suffering and that amount is awarded towards loss of estate.

6.1.Rs.25,000/- awarded towards loss of love and affection is enhanced from 25,000/- to 1,00,000/- to each of the sons. 6.2.So far as loss of consortium is concerned, the deceased himself was aged 58 years and therefore, the loss of consortium awarded at Rs.50,000/- is reasonable and therefore, the claim for enhancement cannot be considered .

7. In the result, overall compensation is enhanced from 6,12,700/- to (*) 7,82,700/- which is payable with interest at 7.5% per annum from the date of petition till the date of deposit. This appeal is allowed to the extent indicated above. No costs. (*)

Sl.No. Description Amount awarded by the Tribunal (Rs.) Amount awarded by this Court (Rs.) Pecuniary loss 4,51,200 4,51,200 Medical Exp.

31,500 31,500 Loss of Consortium 50,000 50,000 Loss of Love and affection 50,000 (25,000 each) 2,00,000 (1,00,000 each) Loss of Estate ........

20,000 Funeral Exp.

30,000 30,000 Total 6,12,700 7,82,700/-

8. The respondent/Transport Corporation is directed to deposit the entire award amount, along with interest at 7.5% per annum from the date of petition till the date of deposit, as determined by this Court, less the amount already deposited, if any, before the Tribunal, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit being made, the Tribunal is directed to transfer 50% of the award amount along with proportionate interests, directly to the bank account of the appellants /claimants through RTGS, as per proportion fixed by the Tribunal, within a period of two weeks thereafter and the balance 50% of the award amount shall be deposited in any one

of the nationalized banks initially for a period of three years and renewable thereafter. Additional Court fee shall be paid by the claimants for the enhanced amount before obtaining the copy of the judgment. 18.07.2017 Index : Yes/No Internet : Yes/No kv/sms To

1. The Motor Accidents Claims Tribunal (2nd Additional District and Sessions Judge, Ranipet, Vellore District).

2. The Section Officer, VR Section, High Court, Madras.

S.VIMALA,J.

sms/kv

C.M.A.No.2026 OF 2017 18.07.2017