V.Sivaraman v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-07-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. V.Sivaraman S/o.G.Venu, res at NO.2/54, Moopanar Street, Nesavalar Nagar, Jalladianpettai, Chennai-600010 2.K.Adhilakshmi W/o.Kumar, res at NO.2/54, Moopanar Street, Nesavalar Nagar, Jalladianpettai, Chennai-600010

3. BHARATHI W/o.Murugan, res at NO.2/54, Moopanar Street, Nesavalar Nagar, Jalladianpettai, Chennai-600010 Appellant(s) Vs

1. The Managing Director Tamilnadu State Transport Corporation Ltd., No.3/137, Salamedu, villupuram605602 Respondent(s)

PRAYER To allow the present appeal award enhanced compensation in judgment and decree dt. 30.06.2023 in MCOP No.7037/2017 on the file of the Special Sub Judge-II, Small Causes Court, Chennai For Appellant(s):

Mr.R.Nalliyappan For Respondent(s):

Mr.C.R.Sureshkumar JUDGEMENT This Civil Miscellaneous Appeal has been filed to enhance the compensation in judgment and decree dt. 30.06.2023 in MCOP No.7037/2017 on the file of the Special Sub Judge-II, Small Causes Court, Chennai

2. On 05.11.2017 at about 00.45 hours when the deceased was proceeding in a bus bearing registration No. TN 32 N 3073 along Chennai - Vellore National Highway at Vellaigate overbridge middle, the driver drove the bus in a rash and negligent manner dashed against the vehicle due to which deceased sustained grevious injuries and died on 24.06.2018 while undergoing treatment. Thereafter the claimants filed the petition before the tribunal claiming compensation. The respondent contested the case by filing counter. After

considering the oral and documentary evidence, the tribunal awarded compensation. Challenging the quantum of compensation the claimants filed this appeal.

3. The learned counsel for the appellants/claimants submit that the deceased was working as mason earned Rs.700 per day but the tribunal has fixed only Rs.6,000/- as notional income of the deceased which is very meagre. Hence, he prays to enhance the compensation.

4. The learned counsel for the respondent submits that tribunal has rightly fixed compensation which needs no interference. Hence, he prays to dismiss this appeal.

5. Considering the facts of the case, the deceased died 60 months after the accident and also the claimants has not produced any post mortem report to prove cause of death and disability certificate also not produced hence the tribunal has rightly awarded compensation only in few heads. However, considering the cost of living at the time of the accident this Court is inclined to fix Rs.16,000/- as income of the deceased. Accordingly, the claimants are entitled to Rs.64,000/- under the head of loss of income for four months and

Rs.20,000/- for extra nourishment and Rs.10,000/- for transportation. Except above modification, the award passed by the tribunal in other heads remain unchanged.

7. In view of the discussions made earlier, the award passed by the Tribunal is modified as follows:- S.No.

Head Compensation awarded by the Tribunal Compensation awarded by this Court 1.

Pain and sufferings Nil Nil 2.

Loss of Income Rs.36,000/- Rs.64,000/- 3.

Medical Expenses Rs.4,800/- Rs.4,800/- 4.

Transportation expenses Rs.5,000/- Rs.10,000/- 5.

Extra Nourishment Rs.10,000/- Rs.20,000/- 6.

Attender charges Rs.30,000/- Rs.30,000/- 7.

Damages to cloths and article Nil Nil 8.

Lost of amenities Nil Nil 9.

For permanent disability Nil Nil Total Rs.85,800/- Rs.1,28,800/-

8. In view of the discussions made earlier, the compensation awarded by the Tribunal is enhanced to Rs. 1,28,800/-. 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.7037/2017 on the file of the Special Sub Judge-II, Small Causes Court, Chennai, within a period eight weeks from the date of receipt of a copy of this judgement. On such deposit, the claimants are 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.

9. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs.

10-07-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Managing Director Tamilnadu State Transport Corporation Ltd., No.3/137, Salamedu, villupuram605602.

2. The Special Sub Judge-II, Small Causes Court, Chennai.

3. The Section officer, V.R Section, High Court, Madras.

T.V.THAMILSELVI J.

pbl 10-07-2025