Valarmathi v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on 12.03.2024 Pronounced on 28.03.2024
CORAM
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN 1.Valarmathi W/o.G.Rajaarman @ Rajaram 2.R.Latchumanan S/o.G.Rajaarman @ Rajaram 3.V.Pasamalar W/o.Velavan 4.R.Karhtikeyan S/o.G.Rajaarman @ Rajaram 5.K.Sangumalar W/o.Kotpulichozhan Petitioners all are permanently residing at Thaikal Main Road, Karikuppam Pudukuppam, C Pudupettai, Bhuvanagiri Taluk Now residing at Main Road, Alapakkam and Post Cuddalore Taluk.
... Appellants Vs.
The Managing Director Tamil Nadu State Transport Corporation (VPM Divn.I) Ltd., 1/8
No.3/137, Salademu, Vazhuthareddy Post Villupuram 605 401.
... Respondents Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree in MCOP.No.1949 of 2018 dated 27.04.2021 on the file of the Motor Accident Claims Tribunal/1st Additional District & Sessions Judge, Cuddalore.
For Appellants : Ms.Ramya V Rao For Respondents : Mr.C.R.Suresh Kumar
J U D G M E N T
The Appeal has been filed against the Judgment and Decree in MCOP.No.1949 of 2018 dated 27.04.2021 on the file of the Motor Accident Claims Tribunal/1st Additional District & Sessions Judge, Cuddalore. 2.The claim Petitioners are the Appellants herein and they filed this Appeal, seeking enhancement of compensation awarded in MCOP.No.1949 of 2018 on the file of the Motor Accident Claims Tribunal/1st Additional District & Sessions Judge, Cuddalore. For the sake of convenience, the parties are referred to as per their ranking before the trial Court. 2/8
3.The legal representatives of the deceased G.Rajaraman @ Rajaram filed MCOP.No.1949 of 2018 on the file of the Motor Accident Claims Tribunal/1st Additional District & Sessions Judge, Cuddalore, seeking compensation and filed this Appeal on the point of quantum. 4.The factum of the accident, manner of the accident, rash and negligent driving on the part of the driver of the Respondent's vehicle are not under challenge in this Appeal. Accordingly, the finding rendered by the trial Court that the accident taken place due to the rash and negligent driving of the driver of the Respondent's vehicle is hereby confirmed. 5.During the trial, on the side of the claim Petitioners, PW1 & PW2 were examined & Ex.P1 to Ex.P10 were marked and on the side of the Respondents, RW1 was examined and Ex.R1 was marked.
6.Heard the learned counsel appearing on behalf of the claim Petitioners and the learned counsel appearing on behalf of the Transport Corporation. 3/8
7.The Transport Corporation has neither filed any Appeal challenging the finding rendered by the Tribunal as to the rash and negligence nor file any Cross Objection Petition.
8.In this Appeal, the only point for consideration is quantum. As per Ex.P.4/Post mortem certificate, the deceased was aged about 65 years at the time of the accident and hence as per the judgment of the Hon'ble Supreme Court in the case of Sarla Verma & Others .Vs. Delhi Transport Corporation & another, reported in 2009 (2) TNMAC 1 (SC), right multiplier is "7" for the age of the deceased.
9.The Tribunal has fixed the monthly income at Rs.6,000/-. As per the Division Bench's judgment of this Court in the case of Andal & Others Vs. Avinav Kannan and others reported in 2019(1) TNMAC 54 (DB) , the notional income comes to Rs.13,302/- (Rs.6500 x 264/129). Hence, I am inclined to fix the income at Rs.12,000/- per month. Since the deceased is self employed and he is aged about 65 years at the time of the accident, the question of future prospects does not arise. The number of family members of the deceased is 5 4/8
and therefore, 1⁄4th has to be deducted towards personal expenses of the deceased. Therefore, the pecuniary loss sustained by the claim Petitioners are re-assessed as follows:
Rs.12,000/- x 12 x 7 x 3⁄4 = Rs.7,56,000/- 10.The Tribunal has awarded a sum of Rs.40,000/- towards loss of consortium, a sum of Rs.25,000/- towards loss of love and affection, a sum of Rs.10,000/- towards transport expenses and a sum of Rs.10,000/- towards funeral expenses, which are just and proper and the same are hereby confirmed. S.No.
Head Amount (Rs.) Pecuniary loss 756000 Loss of consortium 40000 Loss Love and affection 25000 Funeral expenses 10000 Transportation 10000 Total Compensation 841000 In total, the claim Petitioners are entitled to a sum of Rs.8,41,000/- (Rupees eight lakh and forty one thousand only) and the interest awarded by the Tribunal at the rate of 7.5% per annum is also confirmed. 5/8
11.In fine, (i) this Civil Miscellaneous Appeal stands partly allowed, enhancing the compensation from Rs.4,63,000/- to Rs.8,41,000/- to the extent indicated above. No Costs.
(ii) the Transport Corporation is directed to deposit the enhanced award amount, with 7.5% interest per annum and costs before the Tribunal, within a period of twelve weeks from the date of receipt of a copy of this order. (iii) on such deposit being made, all the claim Petitioners/Appellants are entitled to get their share in the enhanced award amount, as per the ratio of apportionment made by the Tribunal. The claim Petitioners are permitted to withdraw their entire share with proportionate interest and costs, less the award amount already withdrawn, if any, by filing necessary application before the Tribunal.
(iv) the claim Petitioners are directed to pay the court fee, if any, for the 6/8
enhanced compensation amount and the Registry is directed to draft the decree only after the receipt of Court fee.
28.03.2024 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai To The 1st Additional District & Sessions Judge Motor Accident Claims Tribunal Cuddalore.
7/8
RMT.TEEKAA RAMAN.J, sai Pre-delivery Judgment made in Dated: 28.03.2024 8/8