THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.A.No.1770 of 2017 and CMP No.9519 of 2017 The Managing Director, Tamilnadu State Transport Corporation, Villupuram, Kancheepuram Region - 631 502 ... Appellant versus
1. Mrs. Lakshmi Sharma
2. Minor S.Yashica Sharma ... Respondents [Minor/2nd respondent rep. by her mother/1st respondent Mrs.Lakshmi Sharma] Prayer: Civil Miscellaneous Appeal is filed, against the judgment and decree in M.C.O.P.No.2169 of 2015, dated 31.01.2017, on the file of the Motor Accident Claims Tribunal, [Chief Small Causes Court], Chennai.
For Appellant : Mr.J.Lokesh For Respondents : Mr.K.Varadha Kamaraj
JUDGMENT
(Judgment of the Court was made by S.MANIKUMAR ,J.) Caveator is on record.
2. Quantum of compensation of Rs.44,58,789/- with interest, at the rate of 7.5% per annum, ordered in MCOP No.2169 of 2015 on the file of MACT [Chief Small Causes Court], Chennai to the legal representatives of the deceased, is the only challenge in this appeal, on the grounds inter alia that the tribunal erred in fixing the monthly income of the deceased as Rs.20,000/- for the purpose of computing the loss of contribution to the family. Added further, it is also the contention of the Tamilnadu State Transport Corporation that when 1st respondent/wife had already been awarded Rs.1,00,000/- towards loss of consortium, which includes love and affection, a further sum of Rs.25,000/- to her under the head loss of love and affection is superfluous and excess. Except the above, no other grounds are urged.
3. We have heard the learned counsel for the parties and perused the materials available on record.
4. Having regard to the limited challenge, there is no need to delve into the aspects of negligence and liability to pay compensation.
5. Accident has occurred on on 16.12.2014. Deceased is stated to be a Site Engineer-cum-Supervisor in Sri Veera Enterprise, Atomic Power Station, Kalpakkam and earned Rs.45,000/- per month. He was aged 27 years and survived by his wife and minor daughter aged about one year. To support the educational qualification, respondents/claimants have marked Ex.P9, B-Tech Original mark Sheet. Though legal representatives have not produced any proof of income of Rs.45,000/-, considering the age and educational qualification, tribunal has notionally fixed the same as Rs.20,000/- per month.
6. Deceased was a professional and stated to have worked as Engineer-cum-Supervisor. Determination of monthly income on the above evidence adduced by the legal representatives of the deceased, cannot at any stretch of imagination be said to be grossly excessive warranting reduction. Computation of compensation towards estimating pecuniary loss has been done in accordance with the settled principles of law.
7. In this regard, tribunal has also taken note of the decisions of the Hon'ble Supreme Court in Smt.Sarala Varma and others Vs. Delhi Transport Corporation and another, reported in 2009 (2) TNMAC 1 (SC), Rajesh and others Vs. Rajbir Singh and others, reported in 2013(3) CTC 883 and Reshma Kumari and Others Vs. Madan Mohan and another, reported in 2013(2) CTC 680.
8. In the light of the above discussion, we are not inclined to accept the contention of the appellant.
9. On the aspect as to whether the tribunal has committed any error in awarding compensation of Rs.25,000/- under the head loss of love and affection to the 1st respondent/wife in addition to a separate award of Rs.1,00,000/- under the head loss of consortium, we are in agreement with the submission of the learned counsel for the transport corporation. However, going through the award, we find that the tribunal has awarded a lesser compensation of Rs.25,000/- under the head of loss of love and affection to the 2nd respondent/minor aged about one year, at the time of accident. Excess amount of Rs.25,000/- awarded to the wife/1st respondent, under the head loss of love and affection can be adjusted against the inadequate compensation awarded to the minor.
10. In the result, we confirm the award pertaining to compensation under the head loss of love and affection to the minor as Rs.50,000/-. The Civil Miscellaneous Appeal is dismissed. No Costs. Consequently the connected Miscellaneous Petition is closed.
11. Mr.Lokesh learned counsel appearing for the Managing Director, Tamilnadu State Transport Corporation, Kancheepuram, submitted that the entire award amount with proportionate interest and costs would be deposited within six weeks from the date of receipt of a copy of this order.
Submission is placed on record.
12. In view of the above, there shall be a direction to the Managing Director, Tamilnadu State Transport Corporation, Kancheepuram, the appellant herein, to deposit a sum of Rs.44,58,789/- with interest at the rate of 7.5% per annum from the date of claim till deposit and costs, less the statutory deposit, to the credit of M.C.O.P.No.2169 of 2015, on the file of the Motor Accident Claims Tribunal, [Chief Small Causes Court], Chennai, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the 1st respondent/wife is permitted to withdraw the share apportioned to her with proportionate interest and costs, by making necessary application.
13. Share of the minor/2nd respondent Rs.20,25,000/- is directed to be deposited in a fixed deposit in a nationalised bank, proximate to the residence of the respondents. Mother/1st respondent is permitted to withdraw the interest accrued from the share of the minor, once in three months.
14. Post the Civil Miscellaneous Appeal after six weeks, 'for reporting compliance'.
http://www.judis.nic.inIndex: Yes/No.
(S.M.K., J) (G.R.S., J.) 29.06.2017 Internet: Yes/No. ars
S. MANIKUMAR, J.
AND G.R.SWAMINATHAN, J.
ars To
1. The Motor Accident Claims Tribunal, [Chief Small Causes Court], Chennai.
2. The Section Officer, VR Section, High Court, Madras C.M.A.No.1770 of 2017 and CMP No.9519 of 2017
29.06.2017