Tamilnadu State Transport Corporation, v. Krishnaveni,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.A(MD)No.723 of 2019 and Cros.Obj(MD).No.18 of 2019 Tamil Nadu State Transport Corporation, The Branch Manager, Coimbatore ... Appellant / Respondent Vs.
1.Krishnaveni 2.Minor Gobika
3. Minor Gurusarathy [The minor respondents 2 and 3 are represented through their mother/ next guardian the 1st respondent]
4. Samayan
5. Valli
...Respondents / Petitioners
PRAYER:- Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree made in M.C.O.P.No.149 of 2016 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Sivagangai, dated 29.10.2018.
For Appellant : Mr.P.Prabhakaran For Respondents : Mr.K.Ravi for R1 to R5 Cros.Obj(MD).No.18 of 2019 1.Krishnaveni 2.Minor Gobika
3. Minor Gurusarathy [The minor respondents 2 and 3 are represented through their mother/next guardian the 1st respondent]
4. Samayan
5. Valli ...Cross Objectors/Respondents 1 to 5/ Petitioners 1 to 5 Vs.
Tamil Nadu State Transport Corporation, The Branch Manager, Coimbatore ... Appellant / Respondent For Cross Objectors : Mr.K.Ravi For Respondents : Mr.P.Prabhakaran 1/5
J U D G M E N T
This Civil Miscellaneous Appeal has been filed by the appellant/respondent against the award of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Sivagangai made in M.C.O.P.No.149 of 2016, dated 29.10.2018.
2. It is a case of fatal accident occurred on 05.06.2015 at about 08.00 p.m., when the deceased Duraisingam went to Kovai Saravanampatti Shakthi Road in hi vehicle bearing registration No.TN 66 AA 9135 and when he nearing Balamurugan Pazhamuthir Nilayam, at the left side of the road, at that time a TNSTC Bus bearing registration No.TN 38 N 1523 belonging to the appellant/respondent in a great speed driven by its driver in a rash and negligent manner dashed against the deceased Duraisingam and due to this accident, the deceased sustained head injuries and died on the spot.
3. The Wife, children and parents of the deceased filed a claim petition before the Tribunal in M.C.O.P.No.149 of 2016 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Sivagangai, seeking compensation of Rs.30,00,000/-.
4. Before the Tribunal, the respondents/claimants examined two witnesses as P.Ws.1 and 2 and marked 9 documents as Ex.P.1 to Ex.P.9. The appellant/Transport Corporation examined one witness as R.W.1 and marked 3 documents as ExR1 to Ex.R.3.
5. The Tribunal, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side and also appreciating the evidence on record, held that the accident occurred only due to the rash and negligent driving of the driver of the TNSTC bus and therefore, directed the appellant/Transport Corporation to pay a sum of Rs.19,01,250/-, as compensation with interest at 7.5% per annum from the date of petition to till the date of realization.
6. Against which, the appellant/Transport Corporation filed this present appeal seeking modification in the compensation.
7. The learned counsel for the appellant/Transport Corporation would submit that the deceased died at the age of 35 years and since, he was earning by running his own winding works company, without specific proof for the monthly income of the deceased, the Tribunal fixed the monthly income of Rs.7,500/-. It is also the contention of the learned counsel appearing for the appellant/Transport Corporation that though the age of the deceased was 35 years, the Tribunal ought to have adopted the multiplier '16' instead of '17' and would also state that the 2/5
Tribunal erred in deducting 1/4th income of deceased towards personal expenditure.
8. Learned counsel for the respondents/claimants would state that he had filed a Cross Objection and he would state that the deceased was earning the sum of Rs.25,000/- by running his own winding works company and therefore, the amount awarded by the Tribunal is very less and therefore he had filed the Cross Objection for enhancing the compensation. He would also state that though the interim order was granted by this Court at the time of admission itself directing the appellant/Transport Corporation to deposit a sum of Rs.15,00,000/-, but the appellant/Transport Corporation has not deposited the amount till date and the respondents/claimants who were lost their sole breadwinner of the family is now under financial crisis and he would pray for dismissal of the present appeal.
9. Heard the learned counsel for the parties and perused the materials placed before this Court.
10. On perusal of the records, it is seen that the Tribunal by fixing the income at Rs.7,500/- per month, deducting 1/4th there from, adopting multiplier 17, awarded the following compensation:- a) Loss of Income - Rs.17,21,250/- b) Loss of Consortium - Rs.40,000/- c) Funeral Expenses - Rs.15,000/- d) Loss of Estate - Rs.15,000/- e) Loss of Love and Affection - Rs.1,00,000/- f) Transport - Rs.10,000/- Total Rs.19,01,250/-.
11. The Hon'ble Supreme Court, in Syed Sadiq vs. United India Insurance Co.Ltd., reported in 2014 (1) TN MAC 459(SC), has fixed the monthly income at Rs.6,500/- for a vegetable vendor where there was no proof of income. In the present case on hand, during the time of accident, the deceased eking out his life by running his own winding works company and hence, it is reasonable to fix Rs.7,500/- as a monthly income and since the age of the injured claimant was found to be 35 years, the appropriate multiplier to be applied as per the Smt.Sarla Verma .vs. Delhi Transport Corporation reported in 2009(2) TN MAC 1(SC) case, is '16' and therefore, the loss of income would be Rs.7500/- + 40% X 12 X 16 X 3/4 = Rs.15,12,000/- and therefore, the compensation awarded for loss of income is modified to Rs.15,12,000/-.
12. Further, the sum of Rs.40,000/- (Rupees Forty Thousand only) awarded by the Tribunal towards loss of consortium, is on the lower side and therefore, the same is enhanced to a sum of Rs.50,000/- (Rupees Fifty Thousand only).
3/5
13. Similarly, the sum of Rs.1,00,000/- (Rupees One Lakh only) awarded by the Tribunal towards loss of love and affection is on the lower side and therefore, the same is enhanced to a sum of Rs.2,00,000/- (Rupees Two lakhs only) by this Court and the other heads are confirmed.
14. In view of the settled position of law, this Court modifies the award of the Tribunal by as under:- S.No Description Amount awarded by Tribunal (Rs) Amount awarded by this Court (Rs) Award confirmed or enhanced or granted 1.
Loss of Income 17,21,250 15,12,000 modified 2.
Loss of Consortium 40000 50000 Enhanced 3.
Funeral Expenses 15000 15000 4 Loss of Estate 15000 15000 5.
Loss of Love and Affection 1,00,000 2,00,000 Enhanced 6.
Transport 10000 10000 Total Rs.19,01,250 Rs.18,02,000 Modified to a sum of Rs.18,02,000/-
15. In the result, (i) This Civil Miscellaneous Appeal is partly allowed, modifying the award of the Tribunal from Rs.19,01,250/- (Rupees Nineteen Lakhs One Thousand and Two Hundred and Fifty only) to a sum of Rs.18,02,000/- (Rupees Eighteen Lakhs and Two Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs; (ii) The appellant/Insurance Company is directed to deposit the entire award amount of Rs.18,02,000/- (Rupees Eighteen Lakhs and Two Thousand only) with accrued interests and costs, within a period of four weeks from the date of receipt of a copy of this judgment. On such deposit being made, the respondents/claimants are permitted to withdraw the entire award amount, with accrued interests and costs, without filing any formal application before the Tribunal.
(iii) Insofaras the minor respondents 2 and 3 are concerned, thier shares with accrued interest shall be deposited in any one of the Nationalized Bank, in Fixed Deposit, initially for a period 4/5
of three years, renewable thereafter, till they attain majority. The first respondent/claimant, the mother and guardian of the minors, is permitted to withdraw the interest accrued thereon once in three months and utilize the same for the welfare of the minors. The first respondent, the mother/guardian of the minor, is permitted to withdraw the interest accrued thereon once in three months for the welfare of the minor, till they attain majority. No Costs.
16. Learned counsel for the claimants would agree to the above order considering the financial crisis of the claimants and would pray to deposit the entire amount within a period of four weeks, for which, the learned counsel for the appellant/Transport Corporation also agreed. Accordingly, Cross Objection is closed.
17. As rightly stated, this Court, by an interim order dated 04.10.2019, directed the appellant/Transport Corporation to deposit a sum of Rs.15,00,000/- to the credit of M.C.O.P.No.149 of 2016. But, even after a lapse of one and half years, the appellant/Transport Corporation has not deposited the amount as directed by this Court. Hence, this court directs the appellant/Transport Corporation to pay the entire amount within a period of four weeks to the credit of M.C.O.P.No.149 of 2016.
18. List the matter on 10.03.2021, for 'reporting compliance'. Sd/- Assistant Registrar(CS-) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To 1.Motor Accident Claims Tribunal/Chief Judicial Magistrate Court, Sivagangai.
2.The Record Keeper,Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.P.PRABHAKARAN, Advocate ( SR-4220[F] dated 10/02/2021 +1 CC to M/s.K.RAVI, Advocate ( SR-4346[F] dated 10/02/2021 ) C.M.A(MD)No.723 of 2019 and Cros.Obj(MD).No.18 of 2019 10.02.2021 SGS(CO) TR(12.02.2021) 5P 6C 5/5