High Court · 2024

Civil Miscellaneous Appeal No.1170 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 15.07.2024CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Civil Miscellaneous Appeal No.1170 of 2024M.Kalyanasundram (died)1. K.Chandravathinan2. Kalairasan3. Kaladevi4. M.Renuka5.C.Manavel[cause title accepted vide order dated 11.03.2024 made in CMP No.4715/2024 in CMA AR No.11143/2024by KRJ]... AppellantsVs.1. Managing Director, TNSTC (Division I) 3/137, Salamedu, Vazhuthareddy Post, Villupuram – 605 6022. General Manager, TNSTC (Division I), Cuddalore Region, Imperial Road, Cuddalore – 607 002 [Amended as per order in I.A.No.159 of 20211/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 2024 dated 07.05.2021]... RespondentsCivil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the order and decree in M.C.O.P No.1084 of 2013 dated 04.07.2023 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate, Cuddalore).For Appellant: Mrs.Ramya V RaoFor Respondents : M/s.C.R.Suresh Kumar for R1*****JUDGMENTThe claimants, who are the wife, minor children and parents of the deceased Kalyana Sundaram, not being satisfied with the quantum of compensation have filed this appeal challenging the award passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate, Cuddalore) in M.C.O.P No.1084 of 2013 dated 04.07.2023.2.The case of the claimants is that the deceased Kalyanasundaram was driving the Tata Ace Vehicle on 24.10.2012 and at about 2.00 p.m, the bus belonging to the transport corporation was driven 2/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 2024in a rash and negligent manner and it dashed on the vehicle that was driven by the deceased. As a result of which, the deceased sustained serious head injury. He was taking treatment continuously as an in patient and ultimately, he died on 22.05.2014. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation.3. The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the bus belonging to the transport corporation. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs20,37,950/- under various heads as follows :-Sl.No.Compensation awarded under the headAmount(in Rs.)1.Loss of IncomeRs.16,12,800/-2.Loss of Consortium ( 2 to 4 Rs.40,000/- each (Rs.40,000/- x 3 = 1,20,000/-) (5 and 6 Rs.20,000/- Rs. 1,60,000/-3/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 2024Sl.No.Compensation awarded under the headAmount(in Rs.)each (Rs.20,000/-x2)3.Medical expensesRs.2,35,089/- 4.Loss of estateRs. 15,000/-5.Funeral expensesRs. 15,000/-TotalRs.20,37,889/-rounded off to Rs.20,37,900/-The above compensation was directed to be paid with interest at the rate of 7.5% per annum. 4. The claimants not being satisfied with the quantum of compensation fixed by the Tribunal has filed this appeal seeking for enhancement of compensation. 5. Heard Mrs.Ramya V Rao, learned counsel for appellants/ claimants and Mr.C.R.Suresh Kumar, learned counsel for 1st respondent/Transport Corporation.6. This Court has carefully considered the submissions made on either side and the materials available on record.4/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 20247. This Court also carefully went through the award passed by the Tribunal.8.The learned counsel for appellants submitted that the Tribunal had fixed only a sum of Rs.8,000/- towards notional monthly income of the deceased. In the instant case, the claimants came up with a case that the deceased was a driver and he was earning a sum of Rs.50,000/- as monthly income. There was no evidence with regard to the avocation of the deceased and the income earned by him. The notional monthly income fixed by the Tribunal at Rs.8,000/- is on the lower side considering the fact that the accident had taken place in the year 2012 and the deceased was admittedly the owner / driver at the time of the accident and there were nearly five claimants dependant on the income of the deceased. Therefore, this Court is inclined to fix the notional monthly income at Rs.12,500/- per month.Considering the age of the deceased, 40% can be added towards future prospects. 5/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 20249.The compensation under the head of loss of income / dependency is calculated as follows :-Monthly Income:Rs. 12,500/-Add: Future Prospects:Rs. 5,000/-40% of Rs.12,500/------------------Rs. 17,500/-Annual Income:Rs. 2,10,000/-(17,500 * 12)Less : Personal expensesRs.2,10,000/- * 1/4:Rs. 52,500/------------------Rs. 1,57,500/-Multiplier: x 16------------------Loss of income/dependency:Rs.25,20,000/-------------------9.The Tribunal has fixed only a sum of Rs.1,60,000/- under the head of loss of consortium. This Court is inclined to fix a sum of Rs.2,00,000/- (Rs.40,000 x 5) under the head of “loss of love and affection”. 10.In the instant case, the deceased underwent treatment for nearly 111 days as an in patient. Right through from the date of accident, 6/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 2024the deceased was bedridden and have to be taken care by someone on a continuous basis. Therefore, this Court is inclined to fix Rs.50,000/- towards the Attender Charges.11.The compensation that has been granted under the other heads are reasonable and it does not require the interference of this Court. 12.In the light of the above discussion, this Court modifies the compensation in the following manner:-Sl.No.Compensation awarded under the headAmount(in Rs.)1.Loss of IncomeRs.25,20,000/-2.Loss of Consortium to wife Rs. 40,000/-3.Loss of love and affection to Children and parents (3 to 6 Rs.40,000 x 4)Rs.1,60,000/-3.Medical expensesRs.2,35,089/- 4.Loss of estateRs. 15,000/-5.Funeral expensesRs. 15,000/-6.Attendar ChargesRs. 50,000/-TotalRs.30,35,089 /-7/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 202413. The compensation awarded by the Tribunal at Rs.20,37,900/- is enhanced to Rs.30,35,089/-. The Transport Corporation is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of four weeks from the date of receipt of this judgment. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. In the result, the Civil Miscellaneous Appeal is allowed in the above terms. No costs.15.07.2024Speaking Judgment/Non-speaking JudgmentIndex :Yes/NoNeutral citation: Yes/Norka8/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 2024N.ANAND VENKATESH.,JrkaTo, Motor Accident Claims Tribunal (Chief Judicial Magistrate, Cuddalore)Civil Miscellaneous Appeal No.1170 of 202415.07.20249/9

Civil Miscellaneous Appeal No.1170 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 15.07.2024CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Civil Miscellaneous Appeal No.1170 of 2024M.Kalyanasundram (died)1. K.Chandravathinan2. Kalairasan3. Kaladevi4. M.Renuka5.C.Manavel[cause title accepted vide order dated 11.03.2024 made in CMP No.4715/2024 in CMA AR No.11143/2024by KRJ]... AppellantsVs.1. Managing Director, TNSTC (Division I) 3/137, Salamedu, Vazhuthareddy Post, Villupuram – 605 6022. General Manager, TNSTC (Division I), Cuddalore Region, Imperial Road, Cuddalore – 607 002 [Amended as per order in I.A.No.159 of 20211/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 2024 dated 07.05.2021]... RespondentsCivil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the order and decree in M.C.O.P No.1084 of 2013 dated 04.07.2023 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate, Cuddalore).For Appellant: Mrs.Ramya V RaoFor Respondents : M/s.C.R.Suresh Kumar for R1*****JUDGMENTThe claimants, who are the wife, minor children and parents of the deceased Kalyana Sundaram, not being satisfied with the quantum of compensation have filed this appeal challenging the award passed by the Motor Accident Claims Tribunal (Chief Judicial Magistrate, Cuddalore) in M.C.O.P No.1084 of 2013 dated 04.07.2023.2.The case of the claimants is that the deceased Kalyanasundaram was driving the Tata Ace Vehicle on 24.10.2012 and at about 2.00 p.m, the bus belonging to the transport corporation was driven 2/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 2024in a rash and negligent manner and it dashed on the vehicle that was driven by the deceased. As a result of which, the deceased sustained serious head injury. He was taking treatment continuously as an in patient and ultimately, he died on 22.05.2014. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation.3. The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the driver of the bus belonging to the transport corporation. Having rendered such a finding, the Tribunal proceeded to fix the total compensation at Rs20,37,950/- under various heads as follows :-Sl.No.Compensation awarded under the headAmount(in Rs.)1.Loss of IncomeRs.16,12,800/-2.Loss of Consortium ( 2 to 4 Rs.40,000/- each (Rs.40,000/- x 3 = 1,20,000/-) (5 and 6 Rs.20,000/- Rs. 1,60,000/-3/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 2024Sl.No.Compensation awarded under the headAmount(in Rs.)each (Rs.20,000/-x2)3.Medical expensesRs.2,35,089/- 4.Loss of estateRs. 15,000/-5.Funeral expensesRs. 15,000/-TotalRs.20,37,889/-rounded off to Rs.20,37,900/-The above compensation was directed to be paid with interest at the rate of 7.5% per annum. 4. The claimants not being satisfied with the quantum of compensation fixed by the Tribunal has filed this appeal seeking for enhancement of compensation. 5. Heard Mrs.Ramya V Rao, learned counsel for appellants/ claimants and Mr.C.R.Suresh Kumar, learned counsel for 1st respondent/Transport Corporation.6. This Court has carefully considered the submissions made on either side and the materials available on record.4/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 20247. This Court also carefully went through the award passed by the Tribunal.8.The learned counsel for appellants submitted that the Tribunal had fixed only a sum of Rs.8,000/- towards notional monthly income of the deceased. In the instant case, the claimants came up with a case that the deceased was a driver and he was earning a sum of Rs.50,000/- as monthly income. There was no evidence with regard to the avocation of the deceased and the income earned by him. The notional monthly income fixed by the Tribunal at Rs.8,000/- is on the lower side considering the fact that the accident had taken place in the year 2012 and the deceased was admittedly the owner / driver at the time of the accident and there were nearly five claimants dependant on the income of the deceased. Therefore, this Court is inclined to fix the notional monthly income at Rs.12,500/- per month.Considering the age of the deceased, 40% can be added towards future prospects. 5/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 20249.The compensation under the head of loss of income / dependency is calculated as follows :-Monthly Income:Rs. 12,500/-Add: Future Prospects:Rs. 5,000/-40% of Rs.12,500/------------------Rs. 17,500/-Annual Income:Rs. 2,10,000/-(17,500 * 12)Less : Personal expensesRs.2,10,000/- * 1/4:Rs. 52,500/------------------Rs. 1,57,500/-Multiplier: x 16------------------Loss of income/dependency:Rs.25,20,000/-------------------9.The Tribunal has fixed only a sum of Rs.1,60,000/- under the head of loss of consortium. This Court is inclined to fix a sum of Rs.2,00,000/- (Rs.40,000 x 5) under the head of “loss of love and affection”. 10.In the instant case, the deceased underwent treatment for nearly 111 days as an in patient. Right through from the date of accident, 6/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 2024the deceased was bedridden and have to be taken care by someone on a continuous basis. Therefore, this Court is inclined to fix Rs.50,000/- towards the Attender Charges.11.The compensation that has been granted under the other heads are reasonable and it does not require the interference of this Court. 12.In the light of the above discussion, this Court modifies the compensation in the following manner:-Sl.No.Compensation awarded under the headAmount(in Rs.)1.Loss of IncomeRs.25,20,000/-2.Loss of Consortium to wife Rs. 40,000/-3.Loss of love and affection to Children and parents (3 to 6 Rs.40,000 x 4)Rs.1,60,000/-3.Medical expensesRs.2,35,089/- 4.Loss of estateRs. 15,000/-5.Funeral expensesRs. 15,000/-6.Attendar ChargesRs. 50,000/-TotalRs.30,35,089 /-7/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 202413. The compensation awarded by the Tribunal at Rs.20,37,900/- is enhanced to Rs.30,35,089/-. The Transport Corporation is directed to deposit the enhanced compensation, less the amount already deposited, together with interest at 7.5% p.a. from the date of claim petition till the date of deposit within a period of four weeks from the date of receipt of this judgment. Insofar as the enhanced compensation is concerned, the deficit court fee, if not paid, shall be paid by the appellants. The other directions issued by the Tribunal with regard to the mode of payment of compensation remains unaltered. In the result, the Civil Miscellaneous Appeal is allowed in the above terms. No costs.15.07.2024Speaking Judgment/Non-speaking JudgmentIndex :Yes/NoNeutral citation: Yes/Norka8/9 https://www.mhc.tn.gov.in/judis Civil Miscellaneous Appeal No.1170 of 2024N.ANAND VENKATESH.,JrkaTo, Motor Accident Claims Tribunal (Chief Judicial Magistrate, Cuddalore)Civil Miscellaneous Appeal No.1170 of 202415.07.20249/9