The Managing Director v. R.Jayanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.M.A.NO.629 OF 2021 AND C.M.P.NO.3818 OF 2021 The Managing Director, Tamil Nadu State Transport Corporation Limited, Division III, NH4, Main Road, Ponnerikarai, Karanipettai Post, Kanchipuram Taluk.

...Appellant / Respondent Vs.

1.R.Jayanthi 2.R.Rukmani 3.A.Selvaraji

...Respondents / Petitioners

Prayer : This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the Award and decree dated 30.09.2019 made in M.C.O.P.No.655 of 2015, on the file of the Additional District Court (FTC), (Motor Accidents Claims Tribunal), Kanchipuram.

For Appellant : Mr.K.J.Sivakumar For Respondents 1 to 3 : Mr.M.Sivakumar for Mr.C.Prabakaran

J U D G M E N T

(The matter is heard through "Video Conferencing/Hybrid mode") This Civil Miscellaneous Appeal has been filed by the appellant-Transport Corporation to set aside the award of the Tribunal dated 30.09.2019 made in M.C.O.P. No.655 of 2015, on the file of the Additional District Court (FTC), (Motor Accidents Claims Tribunal), Kanchipuram.

2.The appellant is the respondent in M.C.O.P.No.655 of 2015, on the file of the Additional District Court (FTC), (Motor Accidents Claims Tribunal), Kanchipuram. The respondents /

claimants filed the said claim petition, claiming a sum of Rs.20,00,000/- as compensation for the death of one R.Dineshkumar, who died in the accident that took place on 21.09.2014.

3.According to the respondents, on the date of accident, when the deceased R.Dineshkumar was riding a Motorcycle along with one pillion rider viz., D.Damodaran from his native village towards Mamandoor on the extreme left side of the mud road, opposite to Irukundram Village Government School, on the GST High ways, the driver of the Bus owned by the appellantTransport Corporation drove the same in a rash and negligent manner and hit against the Motorcycle driven by the said R.Dineshkumar and caused the accident. In the accident, the said R.Dineshkumar sustained fatal injuries and died on the spot. The accident occurred only due to rash and negligent driving by driver of the Bus. Hence, the respondents filed the claim petition claiming compensation for the death of R.Dineshkumar against the appellant as owner of the Bus involved in the accident.

4.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by driver of the Bus owned by the appellant-Transport Corporation and directed the appellant to pay a sum of Rs.15,82,000/- as compensation to the 1st respondent. The Tribunal dismissed the claim petition as against the respondents 2 and 3.

5.To set aside the award of the Tribunal dated 30.09.2019 made in M.C.O.P. No.655 of 2015, the appellant - Transport Corporation has come out with the present appeal. 6.Though the appellant-Insurance Company raised various grounds with regard to negligence, at the time of arguments, the learned counsel appearing for the appellant restricted his arguments only with regard to quantum of compensation awarded by the Tribunal. The learned counsel appearing for the appellant contended that in the absence of any documents by the respondents to prove the age, avocation and income of the deceased R.Dineshkumar, the monthly income of Rs.7,500/- fixed by the Tribunal is excessive. The Tribunal erred in awarding compensation towards loss of consortium to the 1st respondent who is the mother of the deceased R.Dineshkumar. The total compensation awarded by the Tribunal is excessive and prayed for setting aside the award of the Tribunal.

7.The learned counsel appearing for the respondents made his submissions in support of the award passed by the Tribunal and prayed for dismissal of the appeal.

8.Heard the learned counsel appearing for the appellantTransport Corporation as well as the respondents and perused the materials available on record.

9.It is the case of the respondents that the deceased was working as an AC Mechanic and was earning a sum of Rs.16,000/- per month at the time of accident. They did not file any document to prove the avocation and income of the deceased. In the absence of any evidence, the Tribunal fixed a sum of Rs.7,500/- per month as notional income of the deceased and granted 40% enhancement towards future prospects. The accident is of the year 2014. The cost of living has increased enormously and salary of even unskilled workers has increased substantially. Considering the year of accident and nature of work done by the deceased, the monthly income fixed by the Tribunal is meagre. The deceased was a Bachelor aged 21 years at the time of accident.

The Tribunal having rightly applied the multiplier '18', erroneously deducted 1/3rd towards personal expenses of the deceased and awarded compensation towards loss of dependency, instead of deducting 50% towards personal expenses. The Tribunal has granted a sum of Rs.40,000/- towards loss of consortium to the 1st respondent who is the mother of the deceased, instead of granting compensation towards loss of love and affection. In view of the meagre amount fixed by the Tribunal as monthly income of the deceased, the deduction of 1/3rd towards personal expenses of the deceased is not interfered with. The amounts awarded by the Tribunal towards conventional heads are also not excessive, warranting interference by this Court.

10.In the result, this Civil Miscellaneous Appeal is dismissed and the amount awarded by the Tribunal at Rs.15,82,000/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit is confirmed. The appellant-Transport Corporation is directed to deposit the award amount along with interest and costs, less the amount already deposited, within a period of twelve weeks from the date of receipt of a copy of this judgment, to the credit of M.C.O.P. No.655 of 2015. On such deposit, the 1st respondent is permitted to withdraw the award amount, along with interest and costs, after adjusting the amount, if any, already withdrawn, by filing necessary applications before the Tribunal. The appeal is dismissed as against the respondents 2 and 3. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gsa

To 1.The Additional District Court, Fast Track Court, (Motor Accident Claims Tribunal), Kanchipuram.

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

+1cc to Mr.K.J.Sivakumar, Advocate, S.R.No.18994 +1cc to M/s.C.Prabakaran, Advocate, S.R.No.18931 C.M.A.No.629 of 2021 and C.M.P.No.3818 of 2021 AJS(CO) RVM(22/11/2021)