Madras High Court
Tamil Nadu State Transport Corporation vs R.Santhi on 28 March, 2008
Author: G.Rajasuria
Bench: G.Rajasuria
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/03/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA C.M.A.No.494 of 2001 Tamil Nadu State Transport Corporation (Madurai Division I) Ltd., rep. by its Managing Director, Madurai. .. Appellant Vs 1.R.Santhi 2.Muthukumar (R2 declared as major and discharged from guardianship vide order dated 07.11.2002 made in C.M.P.No.12807 of 2002) 3.Balachandran (R3 declared as major and discharged from guardianship vide order dated 24.03.2004 made in C.M.P.No.16010 of 2003) 4.Rajalakshmi (R4 declared as major and discharged from guardianship vide order dated 05.09.2005 made in C.M.P.No.5345 of 2005) 5.Minor Deivayanai (died) (R1 recorded as LR of the deceased R5 vide order dated 10.08.2007 made in M.P.No.2 of 2007) .. Respondents Prayer Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgement and Decree dated 29.09.2000 passed in M.C.O.P.No.1411 of 1998 by the learned Motor Accidents Claims Tribunal-cum-II Additional District Judge, Madurai. !For Appellant ... Mr.D.Sivaraman for Mr.Rajnish Pathiyil ^For RR1 to 4 ... Mr.C.Godwin :JUDGMENT
This appeal is focussed as against the Judgement and Decree dated 29.09.2000 passed in M.C.O.P.No.1411 of 1998 by the learned Motor Accidents Claims Tribunal-cum-II Additional District Judge, Madurai.
2. Heard both sides.
3. The Tribunal vide Judgement dated 29.02.2000 awarded compensation to a tune of Rs.3,70,000/- (Rupees three lakhs and seventy thousand only) under the following sub-heads:
For loss of income -Rs.2,70,000.00 For loss of love and affection -Rs. 25,000.00 For loss of consortium -Rs. 25,000.00 For pain and sufferings -Rs. 25,000.00 For medical expenses -Rs. 20,000.00 For funeral expenses -Rs. 5,000.00
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Total -Rs.3,70,000.00
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4. The challenge in this appeal is relating to the quantum of compensation awarded by the Tribunal on the main ground that relating to the death of a carpenter, the Tribunal awarded a total compensation of Rs.3,70,000/- (Rupees three lakhs and seventy thousand only), however while awarding so, only one fourth () of the income was deducted instead of deducting one third (1/3) of the income towards the expenditure which the deceased would have incurred for maintaining himself had he been alive.
5. The point for consideration is as to whether the Tribunal awarded 'just compensation'?
The point:
6. The learned counsel for the appellant/ Transport Corporation would advance his arguments to the effect that catena of decisions of the Hon'ble Apex Court would highlight that now unit method is not applicable and only flat rate deduction of one third (1/3) is permissible and that too when the wife and the children of the deceased are claiming compensation. I would recollect the trite proposition that 1/3 of the income should be deducted towards the expenditure which the deceased would have incurred for maintaining himself had he been alive irrespective of the fact whether the deceased lead the life of a Bohemian or that of a Spartan. The Tribunal assessed the monthly income of the deceased in a sum of Rs.2000/- (Rupees two thousand only) and has chosen the multiplier 15. At the relevant time of the accident, the deceased was aged about 41 years. Taking a cue from the Second Schedule appended to the Motor Vehicles Act, the appropriate multiplier would be 15. Hence, the compensation under the head 'loss of income' shall be re-fixed at Rs.2,40,000/- [ 2000 X 12 X 15 X 2/3 = 2,40,000 ] (Rupees two lakhs and forty thousand only).
7. Towards loss of consortium and towards loss of love and affection totally a sum of Rs.50,000/- (Rupees fifty thousand only) was awarded. By and large, the total sum awarded under those sub heads are correct, but I would like to rearrange it as under:
Towards loss of consortium a sum of Rs.10,000/- (Rupees ten thousand only) and towards loss of love and affection at the rate of Rs.10,000/- (Rupees ten thousand only) for each children could be awarded. As such, the total under the aforesaid two sub heads would come to the same amount of Rs.50,000/- (Rupees fifty thousand only).
8. Towards pain and sufferings, correctly a sum of Rs.25,000/- (Rupees twenty five thousand only) was awarded, because the deceased died a year and a half after the accident.
9. Towards medical expenses a sum of Rs.25,000/- (Rupees twenty five thousand only) was awarded based on bills, which requires no interference.
10. Towards funeral expenses a sum of Rs.5000/- (Rupees five thousand only) was awarded, which also could be confirmed.
11. Towards transport expenses, no compensation was awarded and a sum of Rs.1000/- (Rupees one thousand only) could be awarded, taking into account the fare prevailing during the year 1996. Accordingly, the compensation is modified as under:
For loss of income -Rs.2,40,000.00 For loss of love and affection -Rs. 40,000.00 For loss of consortium -Rs. 10,000.00 For pain and sufferings -Rs. 25,000.00 For medical expenses -Rs. 20,000.00 For funeral expenses -Rs. 5,000.00 For transport expenses -Rs. 1,000.00
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Total -Rs.3,41,000.00
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12. The Tribunal awarded 12% interest p.a.; considering the prevailing rate at that time, the interest awarded is reduced to 9% p.a.
13. In the result, this Civil Miscellaneous Appeal is partly allowed and the award of the Tribunal is reduced from Rs.3,70,000/- (Rupees three lakhs and seventy thousand only) to Rs.3,41,000 /- (Rupees three lakhs and forty one only), which shall carry interest at the rate of 9% p.a. from the date of M.C.O.P. till deposit. Proportionately there will be variation in the allotments in favour of each of the claimants depending upon the variation in the total compensation awarded herein. No costs. Consequently, connected Miscellaneous Petition is closed. No costs.
smn To The Motor Accidents Claims Tribunal cum the II Additional District Judge, Madurai.