The Managing Director, v. M.Sivagangai,
C.M.A.No. 1632 of 2025 T.V.THAMILSELVI, J.
This matter was taken up for hearing under the caption "For Being Mentioned" today at the instance of the learned counsel for the respondents 1 to 3.
2. The learned counsel for respondents 1 to 3 would submit that this Court by Judgment dated 01.07.2025 partly allowed the above Civil Miscellaneous Appeal. However, she would submit that though the tribunal awarded a sum of Rs.1,50,000/- under the head of loss of love and affection, there is no compensation awarded by this court under the said head. Hence, he prayed to award some amount under the said head and requested to modify the calculation column and also prayed to issue fresh order copy.
3. Heard the contentions of learned counsel for appellant and perused the order.
4. Considering his submissions, Registry is directed to substitute para 5, calculation column in para 6 and para 7 as follows :- 1/13
"5. Considering the facts and circumstances of the case and also the fact that the tribunal has awarded a compensation under the head of love and affection of Rs.1,50,000/- and also for loss of consortium of Rs.40,000/-. As rightly pointed out by the learned counsel for the appellant, once the compensation was awarded under the head of loss of consortium, there cannot be any further compensation for loss of love and affection. However, on considering the fact that his legal heirs are wife, daughter and son and they are solely depend upon him and they have lost his love and affection. Considering that, this Court is inclined to award a sum of Rs.50,000/- under the head of loss of love and affection. Further, this Court is inclined to reduce award under the head of loss of clothes from Rs.25,000/- to Rs.10,000/-. Except above modification, the award passed by the tribunal under other heads remain unchanged.
6. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- 2/13
S.No.
Heads Compensation awarded by the tribunal.
Compensation awarded by this Court 1.
Loss of income/dependence Rs.24,34,000/- Rs.24,34,000/- 2.
Loss of clothes Rs.25,000/- Rs.10,000/- 3.
Loss of consortium Rs.40,000/- Rs.40,000/- 4.
Funeral expenses Rs.15,000/- Rs.15,000/- 5.
Transportation charges Rs.15,000/- Rs.15,000/- 6.
Love and affection Rs.1,50,000/- Rs.50,000/- Total Rs.26,79,000/- Rs.25,64,000/-
7. In view of the discussions made earlier, the compensation awarded by the Tribunal is reduced to Rs.25,64,000/-. The appellant is directed to deposit the said amount - together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP No. 3007 of 2017 on the file of the Motor Vehicle Accident Claim Tribunal, Special District Judge No.1, Cuddalore, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the respondents 1 to 3 is permitted to withdraw the award amount by making formal application before the Tribunal. The appellant may deduct the amount, if any amount has already deposited before the tribunal.
3/13
5. Registry is directed to incorporate above correction in the judgment of this Court in C.M.A.No.1632 of 2025 dated 01.07.2025 and issue fresh order copy.
12.08.2025 rpp 4/13
T.V.THAMILSELVI, J.
rpp C.M.A. No.1632 of 2025 12.08.2025 5/13
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-07-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 1632 of 2025 AND CMP NO. 14366 OF 2025
1. The Managing Director, Tamil Nadu State Transport Corporation, No.3/137, Salamedu, Vazhuthareddy, Villupuram.
Appellant(s) Vs
1. M.Sivagangai, W/o.Late Murugan, Residing at No.35, Murugan Koil Veethi, Bharathi Nagar, Ariyur, Puducherry.
2.P.Deepalakshmi, W/o.Pushparaj, Residing at No.35, Murugan Koil Veethi, Bharathi Nagar, Ariyur, Puducherry.
3.M.Sethuraman, S/o.Late Murugan, Residing at No.35, Murugan Koil Veethi, Bharathi Nagar, Ariyur, Puducherry.
4.S.Vairamal, 6/13
W/o.Late Selvamani, No.29 Santhani Street, Kosapalayam, Puducherry.
5.The United India Insurance Co.Ltd., No.13A, Nethaji Road, Manjakuppam, Cuddalore.
Respondent(s) CMA No. 1632 of 2025 PRAYER To set aside the award dated 30-10-2023 passed in MCOP No. 3007 of 2017on the file of the Motor Vehicle Accident Claim Tribunal, Special District Judge, No.1, Cuddalore.
CMA No. 1632 of 2025 For Appellant(s):
Mr.C.R.Sureshkumar For Respondent(s): Ms.N.Lavanya For Mrs.M.Malar For R1 To R3 JUDGEMENT This Civil Miscellaneous appeal has been filed to set aside the award dated 30-10-2023 passed in MCOP No. 3007 of 2017on the file of the Motor Vehicle Accident Claim Tribunal, Special District Judge, No.1, Cuddalore.
2. On 01.02.2017 at about 05.20 p.m, when the deceased was travelling in the vehicle bearing registration No. PY 01 BA 1959 in the 7/13
Chennai - Kumbakonam main road, at the time, the Government bus bearing registration No. TN 32 N 3335 driven by the driver in a rash and negligent manner dashed the vehicled travelling in the deceased, due to which, the deceased died on the spot. Thereafter, the claimants filed the petition before the tribunal claiming compensation. The second and third respondents contested the case by filing counter. On considering the oral and documentary evidence, the tribunal awarded a sum of Rs. 26,79,000/- as compensation. Challenging the quantum of compensation, the Tamil State Transport corporation filed this appeal.
3. The learned counsel for the appellant submits that the award passed by the tribunal under the head of love and affection is very unneccesary for the reason that loss of consortium also awarded. Further, the tribunal awarded a sum of Rs.25,000/- for loss of cloth, which is excessive. Further, the submitted that once the compensation is awarded under the head of loss of love and affection, there cannot be any further compensation for loss of consortium to that effect he relied the judgement of this Court in the case of The United India Insurance Company Limited Vs. M. Sivagangai and others in the case of CMA No. 904 of 2024. 8/13
4. The learned counsel for the respondents submit that the tribunal has rightly passed the award which needs no interference.
5. Considering the facts and circumstances of the case and also the fact that the tribunal has awarded a compensation under the head of love and affection of Rs.1,50,000/- and also for loss of consortium of Rs.40,000/-. As rightly pointed out by the learned counsel for the appellant, once the compensation was awarded under the head of loss of consortium, there cannot be any further compensation for loss of love and affection. Accordingly, the compensation awarded under the head of love and affection is ordered to be set aside. Further, this Court inclined to reduce award from Rs.25,000/- to Rs.10,000/- for loss of clothes. Except above modification, the award passed by the tribunal under other heads remain unchanged.
6. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- S.No.
Heads Compensation awarded by the tribunal.
Compensation awarded by this Court 1.
Loss of income/dependence Rs.24,34,000/- Rs.24,34,000/- 2.
Loss of clothes Rs.25,000/- Rs.10,000/- 9/13
S.No.
Heads Compensation awarded by the tribunal.
Compensation awarded by this Court 3.
Loss of consortium Rs.40,000/- Rs.40,000/- 4.
Funeral expenses Rs.15,000/- Rs.15,000/- 5.
Transportation charges Rs.15,000/- Rs.15,000/- 6.
Love and affection Rs.1,50,000/- NIL Total Rs.26,79,000/- Rs.25,14,000/-
7. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs.25,14,000/-. The respondent is directed to deposit the said amount - together with interest at the rate of 7.5% per annum from the date of claim petition to the date of realisation, to the credit of MCOP No. 3007 of 2017on the file of the Motor Vehicle Accident Claim Tribunal, Special District Judge, No.1, Cuddalore., within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the appellant/claimant is permitted to withdraw the award amount by making formal application before the Tribunal. The respondent may deduct the amount, if any amount has already deposited before the tribunal.
10/13
8. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.
01-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes 11/13
CMA No. 1632 of 2025 To 1.M.Sivagangai, W/o.Late Murugan, Residing at No.35, Murugan Koil Veethi, Bharathi Nagar, Ariyur, Puducherry.
2.P.Deepalakshmi, W/o.Pushparaj, Residing at No.35, Murugan Koil Veethi, Bharathi Nagar, Ariyur, Puducherry.
3.M.Sethuraman, S/o.Late Murugan, Residing at No.35, Murugan Koil Veethi, Bharathi Nagar, Ariyur, Puducherry.
4.S.Vairamal, W/o.Late Selvamani, No.29 Santhani Street, Kosapalayam, Puducherry.
5.The United India Insurance Co.Ltd., No.13A, Nethaji Road, Manjakuppam, Cuddalore.
6. The section officer, V.R Section, High Court, Madras.
7. The Motor Vehicle Accident Claim Tribunal, Special District Judge, No.1, Cuddalore.
12/13
T.V.THAMILSELVI J.
CMA No. 1632 of 2025 AND CMP NO. 14366 OF 2025 01-07-2025 13/13