Madras High Court
T. Rukmani vs Tamil Nadu State Transport Corporation on 19 December, 2016
Author: N.Kirubakaran
Bench: N.Kirubakaran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2016 CORAM THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.M.A.No.1227 of 2006 1. T. Rukmani 2. Minor. T. Gurumoorthi 3. Minor T. Balamurali 4. Minor. T. Barathi 5. G. Selvanayagi .. Appellants/ Claimants (Minors are represented by their Mother/ Appellant 1 as Natural Guardian and next friend) Vs. Tamil Nadu State Transport Corporation, Kumbakonam. Represented by its Managing Director. ..Respondent PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the Judgment and Decree dated 23/03/2006 in MCOP. 134/2005 on the file of Motor Accidents Claims Tribunal-cum-Additional Chief Judicial Magistrate, Kumbakonam and enhance the award of compensation from Rs.4,96,000/- to Rs.10,00,000/- and pass any such further orders as this Honourable Court. !For Appellant : Mr. K. Viel Muthu for A. Thiruvadi Kumar ^For Respondent : Mr. B. Prabakaran for Mr. S. Raajeshver :JUDGMENT
This Civil Miscellaneous Appeal is filed by the appellants-claimants questioning the quantum of compensation of Rs.4,96,000/- (Rupees four lakhs and ninety six thousand only) [M.C.O.P.No.134 of 2005,on the file of Motor Accidents Claims Tribunal-cum-Additional Chief Judicial Magistrate, Kumbakonam] for the death of first appellant's husband namely, G.Thiagarajan, aged about 48 years, in the accident occurred on 03.06.2003.
2.The facts of the case are as follows:
On 03.06.2003, when the deceased was riding a motorcycle, the Transport Corporation bus, which was coming in opposite direction in rash and negligent manner, knocked down the motorcycle resulting in death of the said Thiagarajan, after admission in the hospital.
3.The claim petition was filed and after contest, the Tribunal found that the accident occurred because of the rash and negligent driving of the driver of the respondent-Transport Corporation bus and awarded the compensation as stated above and challenging the same, the present appeal is filed.
4.Heard Mr.K.Veilmuthu, appearing for Mr.A.Thiruvadikumar, learned Counsel for the appellants and Mr.B.Prabhakaran, appearing for Mr.S.Raajeshver, learned counsel for the respondent.
5. The Transport Corporation is not before this Court challenging the award and only the claimants are before this Court questioning the quantum. Therefore, only question for consideration of this Court is with regard to quantum.
6. Though the claimants contended that the deceased was earning Rs.20,000/- as a Railway Contractor, there was no positive evidence adduced by the claimants. Therefore, the Tribunal fixed the monthly income as Rs.3,000/- and adopting multiplier 13, fixed the loss of income at Rs.3,12,000/-.
7. The learned counsel for the appellants/claimants relied on the judgments in Alamelu v. Minor Janani reported in 2012 (1) TNMAC 737 and Divisional Manager, New India Assurance Co. Ltd. v. Saraswathi reported in 2012 (2) TNMAC 342, to show that a sum of Rs.4,500/- (Rupees Four Thousand and Five Hundred only) alone could be the monthly income of the drivers.
8. The accident in this case had occurred on 03.06.2003 and therefore, this Court is inclined to determine Rs.4500/- as per the above judgment and fixed monthly income at Rs.4500/- (Rupees Four Thousand and Five Hundred only).
9.There is a latest judgment of Three Judges Bench of the Honourable Supreme Court in Rajesh v. Rajbir Singh reported in (2013) 9 Supreme Court Cases 54 : 2013 (3) CTC 883, wherein it has been categorically held that self-employed persons and the persons with fixed wages are entitled to 50% addition towards their future prospects for the persons below the age of 40 years and 30% addition for the persons who are in the age group of 40 - 50 years. As the deceased was aged about 48 years, the future prospects to be added is at 30%. Accordingly, this Court determines the monthly income with future prospects as follows:
Rs.4,000/- + 30% = Rs.5,850/-.
10. The size of the family of the deceased is four and as per the judgment of the Honourable Supreme Court in Sarla Verma v. Delhi Transport Corporation reported in 2009 (2) TN MAC 1 (SC), the 1/4th amount is to be deducted towards personal expenses. Accordingly, after deduction of 1/4th amount, the monthly income of the deceased would be Rs.4387.50/- (Rs.5850 - ,th ) .
11. Though the deceased was stated to be 46 years,s per Ex.P.8 Driving License the age of the deceased at the time of accident was 48 years.
12. As the age of the deceased was 48 years proper multiplier of '13' was rightly applied by the Tribunal and accordingly, loss of income would be Rs.6,84,450/-(Rupees six lakhs, eighty four thousand, four hundred and fifty only).
13. The Tribunal awarded only Rs.30,000/- towards loss for consortium. As per the judgment of the Honourable Supreme Court in Rajesh v. Rajbir Singh reported in (2013) 9 Supreme Court Cases 54 : 2013 (3) CTC 883 a sum of Rs.1,00,000/- (Rupees one lakh only) would be given. Hence, this Court awards Rs.1,00,000/-(Rupees one lakh only) to the first appellant towards loss of consortium.
14. The minor children 2 to 4 were awarded Rs.50,000/- each and the same is enhanced to Rs.75,000/- each making it to Rs.2,25,000/-(Rupees two lakhs and twenty five thousand only). The Tribunal has not awarded any sum towards loss of love and affection to the mother of the deceased. Rs.50,000/-(Rupees fifty thousand only) is awarded to the mother towards love and affection. The award of the Tribunal at Rs.2000/- each under the heads funeral expenses and Transport Charges is very low. Therefore, Rs.15,000/-(Rupees fiftteen thousand only) is awarded for funeral expenses and Rs.5000/-(Rupees five thousand only) is awarded for Transport Charges. Totally, award of compensation is enhanced from 4,96,000/- to Rs.10,79,450/- rounded upto Rs.10,80,000/- (Rupees ten lakhs and eight thousand only) with interest at the rate of 7.5%.
15. Accordingly, the appellants/claimants 1 to 5 are entitled to get the following compensation:
Sl.
No. Heads Amount awarded by Tribunal (Rs.) Amount reduced/ enhanced by this Court (Rs.) Total (Rs.)
1.
Loss of income 3,12,000 3,72,450/-
6,84,450/-
1. Loss of Consortium for first/first claimant/wife 30,000/-
70,000/-
1,00,000/-
3. Loss of Love and Affection for claimants 2 to 4 1,50,000/-
[Rs.50,000/- each) 75,000/-
2,25,000/-
4. Loss of love and affection for the mother of the deceased
-
50,0000/-
50,000/-
4. Transportation Charges 2,000 3000/-
5,000/-
5. Funeral Expenses 2,000/-
13000/-
15,000/-
Grand Total 10.79.450/-
Rounded off 10,80,000/-
16. Though the claimants restricted the claim, this Court re- appreciated the facts and awarded enhancement at Rs.10,80,000/- over and above claim. The restricted claim is not bar for this Court to award more amount. Therefore, the said amount is awarded by this Court.
17. In the result,
(i) This Civil Miscellaneous Appeal is allowed and The first appellant is entitled for Rs.2,75,000/- and the appellants 2 to 4 is entitled for Rs.2,50,000/- each and mother of the deceased is entitled to Rs.55,000/- with interest at the rate of 7.5% per annum and proportionate costs, from the date of petition till date of realisation. No costs.;
(ii) The respondent-Transport Corporation is directed to transfer the respective award amounts, less the amount already deposited, if any, as per the apportionment made above, through RTGS/NEFT to the personal Savings Bank Account Numbers of the claimants, after getting the Account Details from the respective claimants by the officials of the respondent-Transport Corporation, on or before 26.02.2017. Share of the minors shall be deposited in a nationalized bank till they attain majority and interest accrued in minor's share is permitted to be withdrawn by the first appellant once in three months directly from the bank.
18. List the matter on 27.02.2017 for reporting compliance. If the said amount is not deposited, the Chairman/ Managing Director and the Chief Accounts Officer of the respondent-Transport Corporation shall appear before this Court on that day.
To,
1.Motor Accidents Claims Tribunal-cum-Additional Chief Judicial Magistrate, Kumbakonam.
2. The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam..