Tamil Nadu State Transport v. Sathya,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2017 CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.(MD)No.789 of 2016 and C.M.P.(MD).No.7631 of 2016 Tamil Nadu State Transport Corporation Limited, Through its Managing Director, Office at No.2, Trivandrum Road, Vannarapettai, Tirunelveli.
... Appellant /1st Respondent Vs.
1.Sathya 2.Minor Subhashini 3.Minor Sanjay 4.Minor Pavithra (The Respondents 2 to 4 are minors represented through their mother and next guardian the 1st respondent herein)
...Respondents 1 to 4/
Petitioners 5.Subbiah Pandian 6.United India Insurance Company Limited, Through its Branch Manager, Office at No.5/1, Alagu Bhagavathy Complex, Kailasapuram Middle Street, Tirunelveli Junction.
... Respondents 5 & 6/ Respondents 2 & 3 Prayer: This Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the award and decree made in M.C.O.P.No.1096/2013 dated 25.06.2015 on the file of the Motor Accidents Claims Tribunal/ I Additional District and Sessions Judge, Tirunelveli.
For Appellant : Mr.P.Prabhakaran For Respondents : Mr.T.Selvan for R1 to R4 Mr.J.S.Murali for R6 No Appearance for R5
JUDGMENT
Heard the learned counsel on either side.
2.The Transport Corporation has filed this appeal questioning the impugned award on the ground of quantum. One Mani, the husband of the first claimant and the father of the respondents 2 to 4 died in the accident involving the bus belonging to the appellant Corporation.
The Tribunal awarded a sum of Rs.10,85,000/- with interest at 8% per annum. Aggrieved by the same, this appeal has been filed.
3.It is seen that the Tribunal has awarded a sum of Rs.50,000/- towards loss of consortium and a sum of Rs.25,000/- towards funeral expenses. The Honourable Supreme Court in the decision reported in National Insurance Company Limited Vs. Pranay Sethi and Ors. dated 31.10.2017, held that only a sum of Rs.40,000/- and Rs.15,000/- will have to be awarded under the said respective heads. Therefore, the compensation awarded by the Tribunal is reduced by Rs.20,000./- Also the interest is awarded only at the rate of 7.5% per annum. Excepting these two modifications, in all other respects the impugned award is confirmed. The compensation awarded by the Tribunal is therefore reduced from Rs.10,85,000/- to Rs.10,65,000/- with 7.5% interest per annum.
The award made in M.C.O.P.No.1096/2013 dated 25.06.2015 on the file of the Motor Accidents Claims Tribunal/I Additional District and Sessions Judge, Tirunelveli is modified accordingly.
4.The appellant is directed to deposit the entire compensation amount of Rs.10,65,000/- with interest at the rate of 7.5% per annum with costs, from the date of petition till the date of realization, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already
deposited, if any. The share of the minor claimants 2,3 and 4 shall be deposited in any one of the Nationalized Bank, till they attained majority. The natural guardian, the first respondent is permitted to withdraw the interest there from once in three months directly from the Bank. On such deposit, the claimants are entitled to withdraw the same, as apportioned by the Tribunal, less the amount already withdrawn by them, if any, by filing proper application before the Tribunal.
5.This Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar To 1.The Motor Accidents Claims Tribunal/ I Additional District and Sessions Judge, Tirunelveli 2.The Record Keeper, Vernacular Secton, Madurai Bench of Madras High Court, Madurai.
Copy to:
MR.SUBHIAH PANDIAN S/o.SHANMUGA THEVAR, No.2/45, Pillayar Kovil Street, Dharapuram, Tirunelveli.
+1 cc to MR.P.PRABHAKARAN, Advocate SR.No.85063 +1 cc to MR.T.SELVAN, Advocate SR.No.85007 +1 cc to MR.J.S.MURALI, Advocate SR.No.85219 C.M.A.(MD)No.789 of 2016 and C.M.P.(MD).No.7631 of 2016 02.11.2017 SMA/JC/SAR-4/27/12/2017:3P/7c