IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.03.2017 CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.M.A.No. 1097 of 2017 and CMP.No.5389 of 2017 Tamilnadu Govt. Transport Corp. Ltd., rep. by its Managing Director, having its office at Kancheepuram, Villupuram Division ... Appellant vs.
1. T.P.Mathivanan
2. Parvathi ... Respondents Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Order and Decreetal Order in MCOP No.1 of 2014 dated 16.06.2016 on the file of Motor Accidents Claims Tribunal, [Sub Court], Cheyyar.
For Appellant : Mr.P.Paramasiva Doss J U D G M E N T
[Order of the Court was made by S.MANIKUMAR, J.]
Being aggrieved by the quantum of compensation of Rs.19,18,000/- with interest, at the rate of 7.5% per annum, from the date of claim till realisation and costs, awarded in MCOP No.1 of 2014 dated 16.06.2016 on the file of MACt [Sub Court], Cheyyar, to the parents/legal representatives of the deceased, Mathivanan, stated to have pursued his Post Doctoral Programme from Annamalai University and a part time Professor, Tamilnadu State Transport Corporation at Kancheepuram, Villupuram Division, has filed, the appeal with a delay of 12 days in filing.
2. Accident has occurred on 11.10.2013. Claim in MCOP No.1 of 2014, on the file of MACT [Sub Court], Cheyyar, has culminated into an award on 16.06.2016.
3. Mr.P.Paramasiva Doss, learned counsel for the appellant-Transport Corporation submitted that challenge in this appeal on quantum, is to the error committed by the tribunal in applying multiplier of '18' for the purpose of computing the loss of contribution to the family when the age of the deceased as per Ex.P10, Driving Licence is 27 years. Except the above, no other challenge has been made. Submission of Mr.P.Paramasivadoss, learned counsel for the Transport Corporation is placed on record.
4. Having regard to the judgment of the Hon'ble Supreme Court, that accident victims should be paid just compensation promptly and having regard to the time consumed in this litigation, we have also heard the learned counsel on the merits of the appeal.
5. On the basis of entries in Ex.P10, Driving Licence, the tribunal has fixed the age as 27 years. As per the decision of the Hon'ble Supreme Court in Sarla Verma and others Vs. Delhi Transport Corporation and another, reported in 2009 (2) TNMAC 1 (SC), for the age group of persons between 26 and 30, proper multiplier which ought to have been applied by the tribunal is ' 17'. There is no dispute over the determination of income of Rs.16,000/-, based on Ex.P5, certificate issued by the Chairman of Annamalai University, Ex.P6, Salary details and Ex.P7, UGC order.
6. Perusal of the award shows that when the deceased was pursuing his Post Doctoral Programme from Annamalai University, the tribunal has failed to consider addition of income under the head, future prospects and accordingly, computed loss of contribution to the family. At this juncture, we tabulate the compensation awarded by the tribunal under various head.
Loss of income : Rs.17,28,000/-
Loss of love and affection to parents : Rs. 1,50,000/-
(Rs.75,000/- each) Funeral expenses : Rs. 25,000/-
Transportation : Rs. 10,000/- Damages to clothes and articles : Rs. 5,000/-
Total : Rs.19,18,000/-
7. Perusal of the award also discloses that the tribunal has not considered awarding just compensation under the head loss of estate. If '17' multiplier is applied to the multiplicand of Rs.8,000/-, the loss of contribution to the family would be Rs.16,32,000/-. Considering the fact that the tribunal has failed to award just compensation by addition of future prospects, loss of estate and inadequate compensation under the head loss of love and affection, we are of the view that the overall compensation of Rs.19,18,000/- does not require any reduction. Hence, award of the tribunal is confirmed. Civil Miscellaneous Appeal is dismissed. No costs. Consequently, the connected Miscellaneous petition is closed.
8. Consequent to the dismissal of the appeal, the Managing Director, Tamilnadu State Transport Corporation, Kancheepuram, Villupuram Division, the appellant herein, is directed to deposit the entire award amount with interest at the rate of 7.5% per annum, from the date of claim and costs, of this appeal, less the statutory deposit, to the credit of MCOP No.1 of 2014 on the file of Motor Accidents Claims Tribunal, [ Sub Judge ], Cheyyar, within a period of six weeks from the date of issue of the order.
9. On such deposit, the respondents/claimants are entitled to seek for disbursement of the award amount as apportioned by the tribunal, with proportionate interest and costs by filing necessary applications before the tribunal.
10. Post on 25.04.2017 'for reporting compliance'.
11. Mr.P.Paramasivadoss, learned counsel for the appellant-Transport Corporation, shall communicate the orders of this Court to the Managing Director, Tamilnadu State Transport Corporation, Kancheepuram, Villupuram Division, the appellant herein, for compliance.
Note to office:
Issue order copy by 22.03.2017.
[S.M.K., J.] [M.G.R.,J.] 21.03.2017 Index: Yes/No Internet: Yes/No ars To The Motor Accident Claims Tribunal, [Sub Court ], Cheyyar S.MANIKUMAR, J.
AND M.GOVINDARAJ, J.
ars C.M.A.No. 1097 of 2017 and CMP.No.5389 of 2017
21.03.2017
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