The Managing Director, v. Kaladevi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.366 of 2016 and C.M.P.(MD) No.5250 of 2016 The Managing Director, Tamil Nadu State Transport Corporation Limited, New Railway Station Road, Kumbakonam.

... Appellant/Respondent Vs.

1.Kaladevi 2.Minor Atchaiya 3.Minor Madhumidha (R2 and 3 are minors rep. By their mother, the 1st respondent) ...

Respondents Prayer : This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the award and decree made in M.C.O.P.No.393 of 2011 dated 08.12.2015 on the file of the Motor Accident Claims Tribunal/Special District Court, Thanjavur. For Appellant : Mr.P.Prabhakaran Respondents : Mr.G.Karnan

JUDGMENT

The Transport Corporation has filed this appeal challenging the impugned award on the ground of quantum.

2.It is seen that while computing pecuniary loss, the Tribunal had taken future prospects at 50%. The Hon'ble Supreme Court has now clarified that in the case of a person, who is aged between 30 to 40, if he is in a permanent job, only 40% of the monthly income will have to be added towards future prospects. In that event, the pecuniary loss quantified by the Tribunal will have to be reduced from Rs.17,26,848 to Rs.16,11,725/-. For loss of love and affection for the minor children and consortium for wife, a sum of Rs.1,20,000/- can be awarded. For transportation expenses, a sum of Rs.10,000/- and for funeral expenses and loss of estate, a sum of Rs.30,000/- can be awarded. Thus, the compensation payable to the https://hcservices.ecourts.gov.in/hcservices/

claimants is quantified at Rs.17,71,725/-.

3.The award dated 08.12.2015 made in M.C.O.P.No.393 of 2011 on the file of the Motor Accident Claims Tribunal/Special District Court, Thanjavur. is modified accordingly.

4.The appellant is directed to deposit the said compensation amount with interest at the rate of 7.5% per annum, from the date of petition, till the date of realization and costs, 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 being made, the first claimants is permitted to withdraw her share as apportioned by the Tribunal, less the amount already withdrawn by her, if any, by filing proper application before the Tribunal. The share of the minor claimants shall be deposited in any one of the nationalised bank and the first claimant is entitled to withdraw the interest thereon once in three months directly from the bank. 5.This Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Special District Judge, Motor Accident Claims Tribunal, Thanjavur.

2. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) + 1 CC TO Mr.P.PRABHAKARAN, ADVOCATE IN SR No. 89006 + 1 CC TO Mr.G.KARNAN, ADVOCATE IN SR No. 88955 ARUL TE/SV-MMS/SAR-3 : 12/02/2018 : 2P/6C C.M.A.(MD)No.366 of 2016 and C.M.P.(MD) No.5250 of 2016 22.11.2017 https://hcservices.ecourts.gov.in/hcservices/