The Superintendent Of Police, v. Chitra,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI C.M.A(MD)No.18 of 2017 and CMP(MD)No.198 of 2017 The Superintendent of Police, Thanjavur Town, Court Road, Thanjavur District. : Appellant/Respondent Vs.
1.Chitra 2.Sri Rasmi (Minor) Minor represented by her mother and natural guardian 1st respondent) 3.Pappammal : Respondents/Claimants PRAYER: Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act against the award, dated 30.01.2016 made in MCOP No.96 of 2014 on the file of Motor Accident Claims Tribunal (Special District Judge), Thanjavur. For Appellant : Mr.Aayiram K.Selvakumar Additional Government Pleader For R1 and R2 : Mr.S.Pari For 3rd Respondent: Mr.M.Karunanidhi
JUDGMENT
[Judgment of the Court was made by T.KRISHNAVALLI,J.] Challenge made in this appeal is to the award passed by the Motor Accident Claims Tribunal (Special District Judge), Thanjavur, in MCOP No.96 of 2014, dated 30.01.2016. 2.The brief facts of the case are that on 07.09.2012 at 8.30 hours, the deceased Sankar was travelling along with Gunasekaran and one Kavi Arasan in the Police Vehicle TN-49-G-0599. When the vehicle was nearing Paruthikottai Petty Shop Bus Stop, due to sudden assault of insects on the face of the driver namely Gunasekaran, he lost control of the vehicle and dashed against a
tree. In that process, the deceased Sankar sustained multiple grievous injuries all over the body and immediately, he was taken to Thanjavur Medical College Hospital, where he succumbed to the injuries. The claimants, being the wife, son and mother of the deceased, sought compensation of Rs.90,00,000/- on the ground that the driver of the offending vehicle was responsible for the accident.
3.The claimants have stated that the deceased Sankar was working as Special Sub Inspector of Police and he was earning Rs.30,022/- per month. A criminal case in Crime No.305 of 2012 was registered against the driver of the offending vehicle by Orathanadu Police Station.
4.The claim was opposed by the appellant disputing the manner of accident and their liability to pay compensation. 5.The Tribunal, upon consideration of oral and documentary evidence, came to the conclusion that the driver of the offending vehicle was responsible for the accident and awarded compensation of Rs.31,05,106/- with interest @ 9 % p.a.
6.Heard both sides and perused the materials available on record.
7.The manner of the accident and the finding on negligence are not in dispute and the appeal is confined only to quantum of compensation awarded by the Tribunal.
8.It is contended by the learned counsel for the appellant that the tribunal has not applied correct multiplier and the quantum of award is on the higher side, so the quantum is to be reduced. On the other hand, the learned counsel for the respondents 1 to 3/claimants submitted that the award is reasonable, which does not warrant any interference of this court. .
9.In the instant case, it is not in dispute that the deceased was working as Special Sub Inspector of Police and he was 47 years old at the time of accident. The Tribunal fixed the monthly income of the deceased at Rs.30,022/- and after deducting 1/3rd towards personal expenses and by applying multiplier '13', awarded Rs.28,10,106/- towards loss of income. Further, the Tribunal awarded Rs.1,00,000/- towards loss of consortium to the first claimant; Rs.1,50,000/- towards loss of love and affection to the claimants 2 and 3; Rs.10,000/- towards transportation; Rs.25,000/- for funeral expenses and Rs.10,000/- towards loss of estate. In total, the Tribunal has awarded Rs.31,05,106/- together with interest @ 9% p.a. We are of the considered opinion that the award of the tribunal, based on the evidence is reasonable and warrants no interference of this court and the same is confirmed.
10.In the result, the Civil Miscellaneous Appeal is dismissed, confirming the award of the tribunal. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (RTI) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The Motor Accidents Claims Tribunal-cum- Special District Judge, Thanjavur.
2.The Superintendent of Police, Thanjavur Town, Court Road, Thanjavur District.
Copy to:
The Record Keeper, V.R Section(Records), Madurai Bench of Madras High Court, Madurai.(2 Copies) + 1 CC TO MR.M.KARUNANIDHI, ADVOCATE IN SR NO.73619 + 1 CC TO SPECIAL GOVERNMENT PLEADER,IN SR NO.73858 ER BU/PM/SAR-IV : 04.10.2018 : 3P/7C C.M.A(MD)No.18 of 2017 18.07.2018