Madras High Court
The Managing Director, Tamil Nadu State ... vs P. Raman, Karuppammal, Kalamani And ... on 23 January, 2008
Author: P.P.S. Janarthana Raja
Bench: P.P.S. Janarthana Raja
JUDGMENT P.P.S. Janarthana Raja, J.
1. By consent of both the parties, the main CMA itself is taken up for final disposal.
2. This Civil Miscellaneous Appeal is filed by the Transport Corporation against the Decree and Judgment made in MCOP No. 403 of 2004 dated 16.10.2006 on the file of the Motor Accidents Claims Tribunal and Additional District Court (Fast Track Court No. 5), Coimbatore at Tiruppur.
3. Background facts in a nutshell are as follows:
On 10.08.2003 at about 9.15 p.m., the deceased Rangasamy and one Kandasamy were travelling in a moped bearing Registration No. TN-41-Z-7398. The deceased was the rider of the moped and the said Kandasamy was the pillion rider. They were proceeding towards west on the extreme left side of Coimbatore to Trichy Road near Semmipalayam Pirivu. At that time, a bus bearing Registration No. TN-33-N-1514 belonging to the appellant / Transport Corporation, came from the same direction in a rash and negligent manner and dashed against the moped. Due to the accident, the deceased sustained fatal injuries. He was taken to the hospital and he died in the hospital. The claimants are the father, mother, wife and the son of the deceased. They claimed a compensation of Rs. 12,12,000/-, but restricted their claim to Rs. 10,00,000/- before the Tribunal. The appellant / Transport Corporation resisted the claim. On pleadings, the Tribunal framed the following issues:
a) Whether the accident had occurred due to the rash and negligent driving of the driver of the bus belonging to the appellant / Transport Corporation or not?
b) Whether the claimants are entitled to receive any compensation? If so, what is the amount and from whom?
After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the bus driver and awarded a compensation of Rs. 4,83,000/- with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:
Rupees Loss of income 4,08,000/-
Loss of love and affection to the minor child 25,000/- Loss of consortium 25,000/- Loss of love and affection to the parents 20,000/- Funeral expenses 5,000/- ---------------------------------------------- Total... 4,83,000/- ==============================================
Aggrieved by the award, the Transport Corporation has filed the present appeal.
4. Learned Counsel appearing for the Transport Corporation questioned only the quantum of compensation awarded by the Tribunal and stated that it is excessive and exorbitant, without basis and justification, and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside.
5. Learned Counsel appearing for the respondents / claimants submitted that the Tribunal had considered all the relevant materials and evidence available on record and came to the correct conclusion and awarded a just, fair and reasonable compensation. Hence the order passed by the Tribunal is in accordance with law and the same has to be confirmed.
6. Heard the counsel. On the side of the claimants, witnesses P.W.1 and P.W.2 were examined and documents Ex.P1 to Ex.P4 were marked. On the side of the Transport Corporation, no witnesses were examined and no documents were marked. P.W.1 is the wife of the deceased. P.W.2 is one Kandasamy, who is the pillion rider. Given below is the list of exhibits marked on the side of the claimants:
Ex.P1-Copy of First Information Report Ex.P2-Copy of Post Mortem Certificate Ex.P3-Death Certificate Ex.P4-Legal Heir Certificate After considering the above materials and evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the bus driver. The finding given by the Tribunal is based on valid materials and evidence.
7. The deceased was 25 years old at the time of accident. The claimants claimed that the deceased was working in a Powerloom Factory belonging to one N.Murugasamy and that he was earning a sum of Rs. 5,000/- per month. P.W.2 is one Kandasamy, who is a co-worker in the said Powerloom Factory. He also stated that the deceased was earning Rs. 5,000/- per month. But no documentary evidence produced in support of the claim. Hence the Tribunal was of the view that the deceased would have earned a sum of Rs. 3,000/- per month and determined the annual income at Rs. 36,000/- (Rs. 3,000/- x 12). Out of the said sum, the Tribunal deducted 1/3rd towards personal expenses of the deceased and the balance sum of Rs. 24,000/- has been taken as the contribution of the deceased to the family. The deceased was 25 years old at the time of accident. Ex.P3 is the Death Certificate, which also confirms that the deceased was 25 years old. Taking into consideration of the same, the Tribunal adopted the multiplier of 17 and determined the loss of income at Rs. 4,08,000/- (Rs. 24,000/- x 17). The Tribunal has correctly determined the monthly as well as annual income and also adopted the correct multiplier of 17. Therefore, the amount awarded by the Tribunal at Rs. 4,08,000/- towards loss of income is confirmed. The Tribunal has awarded a sum of Rs. 25,000/- towards loss of consortium to the wife of the deceased. After taking into consideration the age of the widow, i.e., 21 years, I feel that the amount awarded by the Tribunal at Rs. 25,000/- towards loss of consortium is very reasonable and hence it is confirmed. The Tribunal has awarded a sum of Rs. 25,000/- towards loss of love and affection to the minor child of the deceased. After taking into consideration the age of the minor child, i.e., 5 months old at the time of accident, I feel that the amount awarded by the Tribunal at Rs. 25,000/- towards loss of love and affection to the minor child is very reasonable and hence it is confirmed. The Tribunal has awarded a sum of Rs. 10,000/- each to the father and mother of the deceased, totalling to Rs. 20,000/- in respect of loss of love and affection. After taking into consideration the facts and circumstances of the case, I feel that it would be appropriate and reasonable to award Rs. 7,500/- each to the parents of the deceased, totalling to Rs. 15,000/-, in respect of loss of love and affection, as against the sum of Rs. 20,000/- awarded by the Tribunal. Therefore, the amount awarded by the Tribunal towards loss of love and affection to the parents of the deceased is modified from Rs. 20,000/- to Rs. 15,000/-. The Tribunal has awarded a sum of Rs. 5,000/- towards funeral expenses, which is very reasonable and hence it is confirmed. The details of the modified compensation are as under:
Rupees Loss of income 4,08,000/-
Loss of love and affection to the minor child 25,000/- Loss of consortium 25,000/- Loss of love and affection to the parents 15,000/- Funeral expenses 5,000/- ------------------------------------------- Total 4,78,000/- ===========================================
Therefore the claimants are entitled to the modified compensation of Rs. 4,78,000/- as against the compensation of Rs. 4,83,000/- awarded by the Tribunal. The interest rate awarded by the Tribunal at 7.5% p.a. from the date of petition is very reasonable and hence it is confirmed.
8. It is stated that the appellant / Transport Corporation has already deposited 50% of the amount awarded by the Tribunal before filing of this appeal and another 50% was also deposited as per the order of this Court dated 21.04.2007. Therefore, respondents 1 to 3 are permitted to withdraw their respective share of the modified compensation of Rs. 4,78,000/-. The share of the minor / fourth respondent shall be invested in any Nationalised Bank proximate to the place of the residence of the minor's guardian, the third respondent, for a period of three years and renewable thereafter till the minor attains majority. The guardian of the minor is permitted to withdraw the accrued interest once in three months. The Transport Corporation is also permitted to withdraw the balance amount on making proper application.
9. The Civil Miscellaneous Appeal is disposed of with the above modification. Consequently, M.P. No. 1 of 2007 is closed. No costs.