Tamil Nadu State Express v. Amutha
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2017 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.1186 of 2017 and C.M.P.(MD).No.11765 of 2017 Tamil Nadu State Express Transport Corporation, Chennai.
Through its Managing Director ... Appellant/1st respondent Vs.
1.Amutha 2.Minor Visali 3.Minor Priyadharsini (The minor respondents 2 and 3 are represented by their mother, the first respondent) 4.Saroja ... Respondent 1 to 4/Petitioner 5.Joseph ... 5th Respondent/Respondent No.2 Prayer: Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the award dated 18.04.2017 made in M.C.O.P.No.346 of 2012 on the file of the Motor Accident Claims Tribunal/Additional District Court, Kumbakonam.
For Appellant : Mr.P.Prabhakaran For R-1 to R-4 : Mr.R.Prakash
J U D G M E N T
The Tamil Nadu State Express Transport Corporation has filed this appeal questioning the impugned award on the grounds of negligence as well as quantum. One Raman was standing in Edamalaipatti-Puthur Road on 26.08.2011. The bus belonging to the
appellant Transport Corporation hit him. The Tribunal fastened the entire negligence on the driver, employed by the appellant Corporation. The said finding is based on credible material and proper reasoning. It does not warrant any interference. 2.Coming to quantum, the occurrence took place in the year 2011. The deceased was working as agricultural coolie and as well as Electrician. Therefore, the Tribunal rightly took the monthly income as Rs.6,500/-. However, it erred in adding 50% towards future prospects. As per the recent decision of the Hon'ble Supreme Court in Special Leave Petition (Civil) No.25590 of 2014 (National Insurance Co. Ltd vs. Pranay Sethi), the addition of future prospects in such cases can only be 40%. Therefore, the compensation payable to the claimants will have to be reworked as under:- Sl.No Heads Amount in Rupees 1.
Pecuniary loss for the family Rs.13,92,300/- 2.
Loss of consortium for the wife Rs.40,000/- 3.
Loss of love and affection for Rs.80,000/- minor children 4.
Loss of love and affection for Rs.20,000/- mother 5.
For funeral expenses Rs.15,000/- 6.
For loss of estate Rs.15,000/- Total Rs.15,62,300/- 3.The compensation awarded by the Tribunal is reduced from Rs.16,76,852/- to Rs.15,62,300/-.
4.The appellant Transport Corporation is directed to deposit the entire compensation amount of Rs.15,62,300/- with interest at the rate of 7.5% per annum and costs, from the date of petition till the date of realization, within a period of twelve weeks from the date of receipt of a copy of this order, less the amount already
deposited, if any. On such deposit, the first and the fourth respondents/claimants are permitted to withdraw their respective shares as apportioned by the Tribunal, less the amount already withdrawn by them, if any by filing proper petition before the Tribunal. The share of the minor claimants shall be deposited in any one of the Nationalised Bank in an interest bearing account and the natural guardian/mother of the minor claimants is permitted to withdraw the accured interest once in three months directly from the bank, only for the welfare of minor claimants, till they attain majority.
5.The Civil Miscellaneous Appeal is partly allowed. The award dated 18.04.2017 made in M.C.O.P.No.346 of 2012 on the file of the Motor Accident Claims Tribunal/Additional District Court, Kumbakonam is modified, accordingly. No costs. Consequently, C.M.P. (MD).No.11765 of 2017 is closed.
Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To The Additional District Court, The Motor Accident Claims Tribunal, Kumbakonam.
Copy to The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
+2cc to M/S.R.PRAKASH, Advocate SR.No.93594. +1cc to M/S.P.PRABHAKARAN, Advocate SR.No.93676. C.M.A.(MD)No.1186 of 2017 19.12.2017 kmi SDS/SKN:RSK/SAR 3/10.01.2018/3P/7C