THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Civil Miscellaneous Appeal Nos.203 and 1082 of 2013
1. Mrs.Kiranmai, W/o.C.Manikandan.
2. Minor.M.Harishini D/o.C.Manikandan, (minor represented by her mother and next friend V.Kiranmai)
3. G.Suseela W/o.K.Chandran
4. K.Chandran S/o.K.Kunju Kuttan ..Appellants in CMA.No.203 of 2013 ..Respondents in CMA.No.1082 of 2013 Vs.
The Managing Director, Metropolitan Transport Corporation Ltd., Chennai – 2. .. Respondent in CMA.No.203 of 2013 .. Appellant in CMA.No.1082 of 2013 Common Prayer:Civil Miscellaneous Appeals filed u/s.173 of Motor Vehicles Act, 1988, against the judgment of Motor Accident Claims Tribunal, XV Additional http://www.judis.Jniuc.dinge, Chennai, passed in M.C.O.P.No.2796 of 2009 on 13.08.2012.
For Appellants/Respondents :Mr.Suriyanarayanan for Mr.Vasanthakumar For Respondent/Appellant :Mr.Sivakumar for Mr.S.Ravikumar *****
J U D G M E N T
[Judgment of the Court was made by C.T.SELVAM, J.] These two appeals arise against the judgment of learned XV Additional Judge, Chennai, passed in M.C.O.P.No.2796 of 2009 on 13.08.2012.
2. Appellants in C.M.A.No.203 of 2013 are claimants. Appellants are wife, minor daughter and parents of deceased. Respondent in C.M.A.No.203 of 2013 is a Transport Corporation. On 24.07.2009 at about 21.25 hours, while deceased was riding his two-wheeler, a bus bearing registration No.TN-01-N-8120 belonging to respondent transport corporation, driven in a rash and negligent manner, dashed against him, owing to which deceased was thrown out of the vehicle and was run over by the wheels of the bus.
3. Before Tribunal, claimants have examined 3 witnesses and marked 13 exhibits. One witness was examined on the side of appellant transport corporation and no exhibits were marked. On appreciation of materials before it, Tribunal, under judgment dated 13.08.2012, found that the death has occurred owing to rash and negligent driving of the bus. To prove the avocation of deceased, respondents 1 to 4 have marked Ex.P8, service and salary certificate of deceased and on the basis of the same, Tribunal has fixed the monthly income of deceased at Rs.12,000/-. Tribunal had deducted 1/3rd towards personal expenses, fixed the monthly income at Rs.8,000/- and annual income at Rs.96,000/-, applied multiplier 17 and arrived at loss of income at Rs.16,32,000/- [96,000*17]. This Court finds that a reasonable sum of Rs.5,000/- towards funeral expenses, Rs.50,000/- towards loss of consortium and Rs.75,000/- towards loss of love and affection has been awarded. The total compensation has been arrived at Rs.17,62,000/-. Appellant Transport Corporation was directed to pay such sum together with interest at 7.5% p.a. from the date of claim petition till the date of payment. The Tribunal has also directed due apportionment of the compensation amount between claimants inter alia directing deposit of a portion of the share of claimants in a nationalised bank for a period of three years.
4. Seeking enhancement of compensation, claimants have preferred C.M.A.No.203 of 2013. Challenging the quantum of compensation, transport corporation has preferred C.M.A.No.1082 of 2013.
5. Heard learned counsel for appellants/claimants and learned counsel for respondent Transport Corporation.
6. Learned counsel for claimants submitted that the employer has been examined as P.W.3 and he has informed the monthly salary of the victim as Rs.12,000/- p.m. Accepting such evidence and Ex.P8, Service and Salary Certificate of deceased, Tribunal has fixed his monthly income at Rs.12,000/-. Learned counsel contended that future prospectus of the deceased ought to have been calculated at 40% since the deceased was aged 34.
7. Learned counsel for respondent Transport Corporation submitted that even as per the very claim, claimants have informed that the monthly salary of the deceased was Rs.10,000/-. Learned counsel also contended that making a provision of 30% towards future prospectus would be appropriate. Learned counsel further submitted that the appropriate multiplier is 16 and not 17 as held by the Tribunal.
8. Considering the rival submissions and taking into consideration that even as per the claim, it has been informed that the deceased was earning Rs.10,000/- per month, this Court considers it appropriate to fix the monthly income of the deceased at Rs.10,000/- as the deceased was aged 34, his future prospectus is to be fixed at 40%. We also accept the contention of learned counsel for respondent transport corporation that the appropriate multiplier is '16'. We consider it appropriate to award a sum of Rs.10,000/- towards transportation and Rs.15,000/- towards loss of estate and enhance the amount awarded under the head funeral expenses to Rs.15,000/-. Accordingly, the award is modified as follows:
The enhanced sum of Rs.21,81,000/- is to be paid together with interest at 7.5% p.a. from the date of claim petition till the date of deposit.
9. In the result,
i. C.M.A.No.203 of 2013 is partly allowed. The compensation awarded by tribunal is enhanced to Rs.21,81,000/-. Respondent Transport Corporation is directed to deposit the enhanced award amount, less that already deposited, within a period of six weeks from the date of receipt of this judgment. Appellants/claimants are at liberty to withdraw the amount on due application as apportioned by tribunal.
C.T.SELVAM, J
and M.V.MURALIDARAN, J
rm/gm
ii. C.M.A.No.1082 of 2013 is dismissed.
iii. No costs.
Index:yes/no, Internet:yes rm/gm To The Motor Accident Claims Tribunal, XV Additional Judge, Chennai.
[C.T.S., J] [M.V.M., J] 20.11.2017
Civil Miscellaneous Appeal No.203 of 2013
and 1082 of 2013