THE HON'BLE Dr. JUSTICE S.VIMALA C.M.A.No.2302 of 2014 The Managing Director, Tamil Nadu Transport Corporation Ltd., (Division II), Chennimalai Road, Erode. ... Appellant/3rd respondent ..vs..
1. S.Shakila
2. Minor Yokraj
3. Minor Shobika (Minors are represented by their mother S.Shakila)
4. Kannammal ... Respondents 1 to 4/Petitioners
5. A.Shanmugam ... 5th respondent/1st respondent
6. The United India Insurance Co. Ltd., Sankaralinganur Street, N.G.R.Road, Palladam ... 6th respondents/2nd respondent Appeal filed under Section 173 of Motor Vehicles Act 1988, against the Judgment and Decree dated 30.11.2011 made in M.C.O.P.No.642 of 2009 on the file of the Motor Accident Claims Tribunal and Additional District Judge, (FTC No.IV), Coimbatore.
For Appellant : Mr.R.T.Sundari For R1 to R4 : Mr.Ma.Pa.Thangavel
JUDGMENT
The deceased, Sivasamy, aged about 40 years, working as a conductor and earning a sum of Rs.8,000/- per month, met with an accident on 27.01.2009 and succumbed to the injuries. Hence, the legal representatives, namely, the wife, son, daughter and mother of the deceased filed a claim petition in M.C.O.P.No.642 of 2009 on the file of the Motor Accident Claims Tribunal and Additional District Judge, (FTC No.IV), Coimbatore, claiming compensation of Rs.15,00,000/-.
2. The Tribunal, considering the oral and documentary evidence, has passed an award for a sum of Rs.8,20,830/- as compensation, the break up details of which are as under:
Total - Rs. 8,20,830/-
Challenging the finding on negligence as well as quantum of compensation, the Transport Corporation has filed this appeal.
3. It is the main contention of the learned counsel appearing for the appellant that the Tribunal has erred in holding that the accident had been caused by the driver of the bus and the quantum of compensation awarded by the Tribunal is very excessive and the same has to be reduced.
4. A perusal of the award passed by the Tribunal reveals that the wife of the deceased was examined as P.W.1 and the driver of the Transport Corporation was examined as R.W.1. R.W.1, in his evidence, has deposed that since the lorry was suddenly stopped, he could not control the vehicle and hit against the lorry.
5. On considering the evidence of R.W.1-driver of the Transport Corporation, it is clear that the lorry was going in front of the bus and the lorry stopped suddenly, the driver of the bus had to stop the vehicle suddenly, the bus hit on the back side of the lorry. Any prudent driver would leave a gap of 10 meters between the vehicle driven by him and the vehicle ahead of him so that any sudden stoppage of the vehicle before would not in any way affect the vehicle following it. In the case on hand, the gap between the offending vehicle and the vehicle before it was less than 10 meters. This clearly shows that the driver of the bus was not following the traffic regulations and, hence, was driving in a rash and negligent manner due to which the accident had occurred. Hence, the finding of the Tribunal that the bus was driven in a rash and negligent manner is based on record and does not require any interference.
6. Insofar as the quantum of compensation is concerned, the Tribunal, based on Ex.A4-postmortem certificate, fixed the age of the deceased at 40 years at the time of accident. Further, Ex.A10, legal heir certificate shows the date of birth of the deceased as 02.06.1969 and date of death as 27.01.2009. Therefore, the Tribunal has fixed the age of the deceased at 40 years at the time of accident and adopted multiplier of 16. P.W.2-Easwaran, Senior Assistant of Tamil Nadu State Transport Corporation has deposed that the deceased was working as daily wage worker and he was getting Rs.178/- per day. Hence, the Tribunal has fixed the salary of the deceased at Rs.178/- per day and arrived at the monthly income of the deceased at Rs.5340/-. Considering the number of dependents, the Tribunal has deducted 1/4th amount towards personal expenses of the deceased and quantified the loss of dependency at Rs.7,68,960/- (Rs.5340 x 12 – ¼ x 16). The Tribunal as awarded a sum of Rs.5,000/- towards funeral expenses and Rs.10,000/- each to the claimants towards loss of love and affection and Rs.6870/- towards medical expenses.
7. The above compensation awarded by the Tribunal cannot be said to be excessive, disproportionate or erroneous. However, considering the number of dependents and the age of the minor claimants, the Tribunal ought to have awarded more compensation towards loss of love and affection to the children and mother of deceased and the Tribunal should have also awarded separate compensation under the head loss of consortium to the wife. However the compensation awarded under the head loss of love and affection is on the lower side. This Court is of the view that higher compensation should be awarded under loss of love and affection and compensation should have been awarded towards loss of consortium, which has not been awarded by the Tribunal. Therefore, this Court is of the considered view that the compensation awarded by the Tribunal under the various heads cannot be said to be excessive.
8. For the reasons as stated above, the Civil Miscellaneous Appeal is dismissed, confirming the award dated 30.11.2011 made in M.C.O.P.No.642 of 2009 on the file of the Motor Accident Claims Tribunal and Additional District Judge, (FTC No.IV), Coimbatore.
9. The Transport Corporation is directed to deposit the entire amount of compensation awarded by the Tribunal, less the amount, if any, already deposited, along with interest at the rate of 7.5% p.a. from the date of petition till the date of deposit, to the credit of claim petition, within a period of four weeks from the date of receipt of a copy of this Judgment. The claimants are entitled to their share of amount as per the apportionment made by the Tribunal. On such deposit being made, the Tribunal shall transfer the respective share amounts of the claimants directly to the Bank Account of the claimants through RTGS within a period of two weeks thereafter. As far as the share of the minor claimants are concerned, the same shall be deposited in interest bearing fixed deposit in any one of the Nationalised Banks till they attain majority and the first respondent is entitled to withdraw the interest accruing on such deposit once in three months. No costs.
05.01.2017 ogy/GLN Index : Yes / No. To The Motor Accident Claims Tribunal and Additional District Judge, (FTC No.IV), Coimbatore.
Dr.S.VIMALA, J.
ogy/GLN C.M.A.No.2302 of 2014 05.01.2017