Managing Director Tamil Nadu State Transport Corporation Limited, Villupuram v. R. Annammal
2012-08-24
ARUNA JAGADEESAN
body2012
DigiLaw.ai
Judgment :- 1. These Civil Miscellaneous Appeals are filed by the Tamil Nadu State Transport Corporation Limited, Villupuram against the Judgment and Decree dated 13.7.2006 made in MCOP.Nos.868 and 869/2005 by the learned Subordinate Judge (MACT) Gingee, whereby the Tribunal awarded a sum of Rs.7,60,000/-as total compensation to the claimants in MCOP.No.868/2005 for the death of the deceased Rajamani, who died in the motor accident that had occurred on 13.10.2003 and a sum of Rs.40,000/-as total compensation to the injured claimant Natarajan in MCOP.No.869/2005 for the injuries sustained by him in the same accident. 2. On 13.10.2003, when the deceased and the injured claimant were travelling in the TVS-50 Motorcycle towards Narasinganur Village (Gingee to Villupuram main Road), they were hit by the bus bearing Reg.No.TN-32-N-1277 belonging to the Appellant Transport Corporation, as a result of which, they sustained injures and the deceased Rajamani succumbed to the injuries. The deceased Rajamani was a HMV driver and was earning Rs.7500/- p.m. as income and he was aged 45 years old at the time of the accident. His wife and two sons are the claimants in MCOP.No.868/2005 and the injured is the claimant in MCOP.No.869/2005. 3. The Tribunal, after considering the evidence, determined the monthly income of the deceased at Rs.6000/-, taking into account the age of the deceased, who was 45 years old at the time of the accident, applied the multiplier of 15 and determined the loss of dependency at Rs.7,20,000/-. To this, the Tribunal has added a sum of Rs.5000/-for funeral expenses, Rs.15,000/- for loss of consortium and Rs.20,000/- towards loss of love and affection. In all, a sum of Rs.7,60,000/-was awarded as total compensation to the claimants in MCOP.No.868/2005 with interest at 7.5 p.a. from the date of the claim petition till the date of realization. To the injured claimant in MCOP.No.869/2005, the Tribunal awarded a sum of Rs.40,000/-as total compensation with interest at 7.5 per cent from the date of the claim petition till the date of realization. 4. The learned counsel for the Appellant Transport Corporation has contended that in so far as the claimants in MCOP.No.868/2005 is concerned, the Tribunal erroneously fixed Rs.6000/- as monthly income of the deceased without any evidence and also contended that the compensation awarded under other heads is also excessive. On the other hand, the learned counsel for the Respondents/claimants has supported the impugned awards in all respects. 5.
On the other hand, the learned counsel for the Respondents/claimants has supported the impugned awards in all respects. 5. The accident in question is not in dispute. The deceased Rajamani died in the accident and the injured Natarajan sustained injuries in the same accident are also not disputed. PW.2's evidence indicated that the deceased was a HMV Driver and he used to ply the vehicle to different States, like Bombay, Calcutta, etc. According to him, the deceased was earning not less than Rs.8000/-p.m. The fact that the deceased was a HMV driver is not under challenge. As a HMV driver, the deceased would have earned not less than Rs.200/- per day that is Rs.6000/-p.m. The Tribunal has rightly taken the monthly income as Rs.6000/- p.m., deducted 1/3rd towards his personal expenses, applied the correct multiplier of 15, as he was aged 45 years old at the time of the accident, in terms of the decision of the Honourable Supreme Court reported in 2009-6-SCC-121 (Sarla Verma and others Vs. Delhi Transport Corporation and another) and thus, awarded a sum of Rs.7,20,000/-towards loss of dependency, which appears to be just and reasonable. Considering the fact that the claimants in MCOP.No.868/ 2005 have lost love and affection of the deceased, it is a fit case where a sum of Rs.35,000/-under the conventional heads and Rs.5000/-for funeral expenses to be awarded. In the said view of the matter, the amount awarded by the Tribunal cannot be termed as excessive. Therefore, the impugned awarded passed by the MCOP.No.868/2005 is confirmed. 6. The injured claimant in MCOP.No.869/2012, who was a mason by profession, sustained injuries on his right, left chin, right thigh, left wrist and left toe. He had lost two teeth on his upper jaw. He has taken treatment in Government Hospital, Villupuram and thereafter, in Government Hospital, Gingee. Taking note of the injuries he sustained and the resultant effect of the said injuries, the Tribunal has awarded Rs.25000/-as compensation for the injuries sustained by him, which appears to be just and reasonable. Considering the fact that he lost two teeth on his upper jaw and other injuries suffered by him, Rs.5000/-has been awarded towards pain and suffering. To this, the Tribunal has added Rs.9000/-for the loss of income during the period of treatment at the rate of Rs.4500/- p.m. for two months and Rs.1000/- for extra nourishment.
Considering the fact that he lost two teeth on his upper jaw and other injuries suffered by him, Rs.5000/-has been awarded towards pain and suffering. To this, the Tribunal has added Rs.9000/-for the loss of income during the period of treatment at the rate of Rs.4500/- p.m. for two months and Rs.1000/- for extra nourishment. In all, a sum of Rs.40,000/-was awarded as total compensation to the injured claimant in MCOP.No.869/ 2005 with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization, which appears to be just and reasonable compensation and is in consonance with the evidence placed on record. Therefore, the impugned award passed in MCOP.No.869/2005 is also confirmed. 7. In the result, these Civil Miscellaneous Appeals are dismissed and the impugned awards in both the appeals are confirmed. It is seen from the records that the entire award amount has been deposited with interest in both the appeals and the claimants MCOP.No.868/2012 were permitted to withdraw Rs.2,00,000/-, Rs.90,000/-and Rs.90,000/- respectively with interest. The claimants in MCOP.No.868/2012 are permitted to withdraw their respective remaining shares with accrued proportionate interest as apportioned by the Tribunal, after giving credit to the amount already withdrawn by them. The claimant in MCOP.No.869/2012 is permitted to withdraw the entire award with accrued interest. No costs.