The General Manager v. Mrs. Rajamani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2016
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN C.M.A. No.970 of 2016 & C.M.P. No. 7420 of 2016 The General Manager, Tamil Nadu State Transport Corporation Ltd., Thirumayam Salai, Pudukottai.
..Appellant/Respondent Vs.
1. Rajamani
2. Minor Thirukarthick
3. Palammal 2nd respondent Minor is represented by his naural guardian and next friend MotherRajamani
4. S.Katheeswaran
5. TATA AIG General Insurance Co. Ltd., No.1, Ethiraj Salai, Egmore, Chennai-600 008.
..Respondents/Petitioner Prayer: Civil Miscellaneous Appeal as against the fair and decreetal order dated 24.07.2014 made in M.C.O.P. No.286 of 2013 on the file of Motor Accidents Claims Tribunal (Principal District Judge), Perambalur.
For Appellant :: Mr.V.S.Vijay Veliappan
J U D G M E N T
This Civil Miscellaneous Appeal is preferred by the Transport Corporation as against the fair and decreetal order dated 24.07.2014 made in M.C.O.P. No.286 of 2013 on the file of Motor Accidents Claims Tirbunal (Principal District Judge), Perambalur.
2. On 10.09.2012 at about 11.00 p.m., the deceased Madhavan was riding Hero Honda Splender Plus two wheeler bearing Reg.No.TN-45-AM-4828 belonging to the 4th respondent which was insured with the 7th respondent on the extreme left eastern side
of Trichy-Pudukkotai Main Road and when the two wheeler was proceeding opposite to Bishmillah Hotel, Mathur, the appellant's bus bearing Reg.No.TN-55-N-0749 driven in a rash and negligent manner, hit against the said Madhavan, due to which, he sustained multiple fatal injuries all over the body and died on the spot.
3. Claiming compensation, the wife, minor son and mother of the deceased Madhavan, have approached the Tribunal for the loss of life of said Madhavan, to the tune of Rs.25,00,000/-.
4. The Tribunal based on the oral evidence of the witnesses, and the documentary evidence, had granted the following amounts as compensation with interest at 7.5% per annum:- Sl.No.
Head Amount granted by the Tribunal Loss of income Rs. 9,72,000.00 Loss of consortium Rs. 1,00,000.00 Loss of love and affection Rs. 90,000.00 Funeral expenses Rs. 10,000.00 Transport charges Rs.
10,000.00 Loss of estate Rs.
20,000.00 Total Rs. 12,02,000.00
5. The main contention of the learned counsel for the appellant/Corporation is that there is negligence on the part of the deceased who met with the accident and died and the Tribunal has failed to consider the evidence of RW1. Further, it is contended by the learned counsel for the appellant/Transport Corporation that though there is no proof of income, the Tribunal has fixed a sum of Rs.7,500/- as monthly income of the deceased which appears to be on the higher side and that the multiplier adopted also appears to be high. Hence, he prays that the amount awarded by the Tribunal has to be reduced.
6. This Court heard the submissions of the learned counsel for the appellant and perused the materials available on record.
7. A cursory glance of the award would make it clear that there was a clear evidence, which can be noticed from the FIR that the accident had occurred only due to the rash and negligent driving of the driver of the bus. Taking note of Ex.P6-R.C.Book and Ex.P7-Certificate of Registration relating to
the vehicle and Ex.P8 & 9-note books showing monthly salary of the deceased, the Tribunal has rightly fixed a sum of Rs.7,500/- notionally as monthly income of the deceased. The said Madhavan was aged about 25 years at the time of accident and taking note of the age of the deceased as per Ex.P2 and P3, and also following the decision of Sarla Verma Case, The Tribunal adopted correct multiplier '18' (between the age group of 21-25 the multiplier applicable only '18'), and arrived at Rs.10,80,000/- as loss of income, less 10% towards Income Tax which comes to Rs.9,72,000/- which cannot be said to be excessive. Apart from that, the Tribunal has awarded a sum of Rs.1,00,000/- towards loss of consortium in spite of the fact that the first respondent has lost her conjugal life at her early age and a sum of Rs.
30,000/- each towards loss of love and affection, a sum of Rs.10,000/- each towards funeral expenses and Transport charges and a sum of Rs.20,000/- towards loss of estate and arrived at a total compensation of a sum of Rs.12,02,000/- and apportioned the amount payable to the legal representatives of the deceased. Hence, the award of the Tribunal in granting compensation to the legal representatives of the deceased cannot be said to be excessive. Hence this Court finds no reason to interfere with the compensation awarded by the Tribunal and hence the appeal is dismissed. No costs. Connected miscellaneous petition is closed.
8. The Appellant Transport Corporation is directed to deposit the entire award amount together with proportionate costs and interest @ 7.5% per annum from the date of claim petition, before the Tribunal, if not already deposited within a period of four weeks from the date of receipt of a copy of this order and on such deposit being made, the first and third respondent herein/claimants are entitled to make necessary applications to withdraw the same as apportioned by the Tribunal and insofar as the second respondent/minor's share is concerned, the first respondent is permitted to withdraw the accrued interest once in six months till he attain majority. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kal
To
1. The Principal District Judge, Motor Accidents Claims Tribunal, Perambalur.
2. The Section Officer, VR Section, High Court, Madras.
Copy to: The General Manager, Tamil Nadu State Transport Corporation Ltd., Thirumayam Salai, Pudukottai.
+ 1 cc to M/s. V. S. Vijay Veliappan, Advocate SR.27532 C.M.A. No.970 of 2016 & C.M.P. No. 7420 of 2016 RSK(CO) EU 19.7.16