Kalpana v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.01.2024 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY 1.Kalpana 2.K.Raghu 3.K.Vanitha 4.Valliammal ...Appellant Vs The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore Division) Limited, 37, Mettupalayam Road, Coimbatore - 43.
... Respondents Prayer:
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to enhance the compensation awarded in MCOP.No.499 of 2009 vide order dated 25.02.2013 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Erode.
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For Appellant : Ms.D.Jevitha, for Mr.R.Nalliyappan For Respondent : Mr.M.Murali Vinodh, Standing counsel.
JUDGMENT
This civil miscellaneous appeal has been filed to enhance the compensation awarded vide the judgement dated 25.02.2013 in MCOP.No.499 of 2009.
2. The learned counsel for the appellants would submit that on 25.05.2009, while one Kumarasamy was proceeding in his bicycle at Kangayam to Tiruppur Main Road, the respondent Corporation bus bearing Registration No.TN-33-N-2202 came in a rash and negligent manner and dashed against the said Kumarasamy, due to which he was died at the Coimbatore Medical College Hospital on the same day. Considering all the aspects the Tribunal had awarded the following compensation:
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S.No Particulars Compensation (Rs.) Loss of Income 6,00,000 Loss of Consortium 25,000 Loss of Love and Affection 25,000 Transport Charges 5,000 Funeral Expenses 5,000 Loss of Estate 2,500 Total 6,62,500
3. Further, he would submit that there is no dispute with regard to the occurrence of accident or liability fastened by the Tribunal. However, the main contention of the claimants was that the accident was occurred in the year 2009 and at the time of accident, the deceased was working in a company and hence, even assuming that he was worked as Office Assistant in the said Company, the notional income of the deceased fixed by the Tribunal (Rs.5,000/-) appears to be on the lower side. Hence, he requests this Court to fix any reasonable amount as the notional income of the deceased.
4. In reply, the learned counsel for the respondent would fairly suggest this Court to fix a sum of Rs.9,000/- as notional income of the deceased and the same was also accepted by the appellant.
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5. Heard the learned counsel for the appellant and the respondent and also perused the materials available on record.
6. In view of the above, this Court is inclined to fix a sum of Rs.9,000/- as notional income of the deceased. Further, it appears that at the time of death, the deceased was aged about 45 years, however, the Tribunal had wrongly applied the multiplier as '15' instead of '14'. Hence, by applying '14' as multiplier and adding 25% as future prospects and by deducting 1/4 towards the personal expenses of the deceased, the loss of income would be calculated as follows: Rs.9,000/- (notional income) + Rs.2,250/- (25% future prospects) * 14 (multiplier) * 12 (months) * 3/4 (dependency) = Rs.14,17,500/-
7. Further, the Tribunal had only awarded a sum of Rs.25,000/- towards loss of consortium to the wife of the deceased. Hence, the same is enhanced to a sum of Rs.40,000/-. Since only a sum of Rs.25,000/- has been awarded under the head loss of love and affection, the same is enhanced to a sum of Rs.1,20,000/- (Rs.40,000/- each) to the appellants 2 to 4. It is also appears that the amount awarded towards the funeral expenses and loss of estate are on 4/8
lower side and hence, the same is enhanced to a sum of Rs.15,000/- each.
8. Accordingly, the compensation awarded by the Tribunal is modified as follows:
S.No Particulars Compensation awarded by the Tribunal Compensation awarded by this Court (Rs.) (Rs.) Loss of Income 6,00,000 14,17,500 Loss of Consortium 25,000 40,000 Loss of Love and Affection 25,000 1,20,000 Transport Charges 5,000 5,000 Funeral Expenses 5,000 15,000 Loss of Estate 2,500 15,000 Total 6,62,500 16,12,500
9. Therefore, the amount awarded by the Tribunal is modified as a sum of Rs.16,12,500/-. Accordingly, the award amount stands enhanced from a sum of Rs.6,62,500/- to Rs.16,12,500/-. In all other aspects, the award of the Tribunal stands confirmed. The compensation awarded by this Court shall be distributed to the claimants in the following proportions: a) to the 1st appellant/wife of the deceased - Rs.8,00,000/-; 5/8
b) to the appellants 2 and 3/children of the deceased - Rs.3,00,000/- each;
c) to the 4th appellant/mother of the deceased - Rs.2,12,500/-;
10. In the result, this Civil Miscellaneous Appeal is partly allowed and the respondent is directed to deposit a sum of Rs.16,12,500/- along with interest and costs, less the amount already deposited, if any, within a period of 6 weeks from the date of receipt of a copy of this judgment, to the credit of MCOP.No.499 of 2009 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Erode. Further, the appellants/claimants shall pay necessary Court fee, if any, on the enhanced compensation. Thereafter, the Tribunal is directed to immediately transfer the entire amount to the respective bank accounts of the claimants by way of RTGS, in the proportions determined by this Court, within a period of 3 weeks from the date of deposit and from the date of receipt of the Bank details obtained for the claimants or application for withdrawal from the claimants, whichever is earlier. No costs. 6/8
31.01.2024 Index: Yes/No Internet:Yes/No Speaking order/Non-speaking order nsa To:
The Motor Accident Claims Tribunal, Principal District Judge, Erode.
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KRISHNAN RAMASAMY,J.
nsa 31.01.2024 8/8