Tamil Nadu State Transport Corporation, Karaikudi v. Vimala
2017-01-23
N.KIRUBAKARAN
body2017
DigiLaw.ai
JUDGMENT : N. Kirubakaran, J. This Civil Miscellaneous Appeal has been preferred by the appellant-Transport Corporation against the award of the Tribunal to the tune of Rs. 11,52,648/- (Rupees Eleven Lakhs Fifty Two Thousand Six Hundred and Forty Eight only) for the death of one John Xavier, aged about 30 years, working as Supplier in the TASMAC Bar allegedly earning about Rs. 10,000/- (Rupees Ten Thousand only) per month, in the accident occurred on 15.11.2011, when he was riding his two wheeler from Devakottai to Kadambanendal at Thiruvadanai Main Junction bus stop from travelling north to south, the bus belonging to the appellant-Transport Corporation coming from south to north driven in a rash and negligent manner and knocked down the two wheeler. Hence, the claim petition. 2. On contest, the Tribunal found that the accident occurred because of the negligent driving of the appellant-Transport Corporation bus and awarded the aforesaid award amount. 3. Mr. P. Prabhakaran, learned Counsel for the appellant- Transport Corporation would submit that he is only questioning the quantum as the Tribunal wrongly adopted the multiplier 17' taking into consideration the age of the deceased as 30 years, whereas even according to the respondents/claimants as per the claim statement, the deceased was aged 35 years and therefore, the multiplier has to be reduced. 4. The records would show that based on the evidence of P.W. 2 - eyewitness, the Tribunal rightly came to the conclusion that the accident occurred because of the rash and negligent driving of the appellant-Transport Corporation by its driver. 5. Though the respondents/claimants stated the age of the deceased as 35 years, the Tribunal, based on Ex.P.2 - post-mortem certificate, rightly arrived at the age of the deceased as 30 years. In the absence of any material evidence with regard to the age of the deceased, the Tribunal rightly went by Ex.P.2 - post-mortem certificate given by the Doctor. Hence, the said determination cannot be found fault with. 6. Since this Court confirms the age of the deceased as 30 years, the Tribunal rightly applied the multiplier 17' as per the judgment of the Honourable Supreme Court in Rajesh and others v. Rajbir Singh and others reported in (2013) 9 Supreme Court Cases 54. 7. Similarly, 1/4th amount was rightly deducted towards personal expenses of the deceased as the size of the family is 4.
7. Similarly, 1/4th amount was rightly deducted towards personal expenses of the deceased as the size of the family is 4. The Tribunal in the absence of any proof regarding the income of the deceased and by following the judgment of this Court in C.M.A. No.3354 of 2014 reported in Managing Director, Tamil Nadu State Transport Corporation Ltd., Kumbakonam Taluk v. B. Maheswari and Others 2015 (1) TN MAC 315, rightly determined a sum of Rs. 6,750/- (Rupees Six Thousand Seven Hundred and Fifty only) per month, as monthly income. However, no amount towards future prospects was added and considering the age of the deceased as 30 years, 50% has to be added towards future prospects as per the judgment of the Honourable Supreme Court in Rajesh and others v. Rajbir Singh and others reported in (2013) 9 Supreme Court Cases 54. Accordingly, the monthly income of the deceased would be Rs. 10,125/- (Rupees Ten Thousand One Hundred and Twenty Five only) [Rs.6,750/- + Rs. 3,375/-] and after deducting 1/4th amount towards the personal expenses of the deceased, the monthly contribution of the deceased would come to Rs. 7,593.75 (Rupees Seven Thousand Five Hundred and Ninety Three and Paise Seventy Five only) [Rs.10,125/- - Rs. 2,531.25] and accordingly, the loss of income would be Rs. 15,49,125/- (Rupees Fifteen Lakhs Forty Nine Thousand One Hundred and Twenty Five only) [Rs.7,593.75 X 12 X 17]. 8. The first respondent/wife of the deceased was hardly aged 26 years at the time of the accident. The loss of husband is very painful and would be cruel, that too, at the age of 26 years and therefore, following the judgment of the Honourable Supreme Court in Rajesh and others v. Rajbir Singh and others reported in (2013) 9 Supreme Court Cases 54, a sum of Rs. 1,00,000/- (Rupees One Lakh only) is awarded towards loss of consortium, by enhancing a sum of Rs. 50,000/- (Rupees Fifty Thousand only) awarded by the Tribunal. However, a sum of Rs. 10,000/- (Rupees Ten Thousand only) awarded to the first respondent/wife of the deceased towards loss of love and affection is deleted in view of the award of Rs. 1,00,000/- (Rupees One Lakh only) towards loss of consortium. 9.
50,000/- (Rupees Fifty Thousand only) awarded by the Tribunal. However, a sum of Rs. 10,000/- (Rupees Ten Thousand only) awarded to the first respondent/wife of the deceased towards loss of love and affection is deleted in view of the award of Rs. 1,00,000/- (Rupees One Lakh only) towards loss of consortium. 9. The respondents 2 and 3/children of the deceased were hardly aged 2 years and 1 year old respectively and they lost their father's love and affection and guidance throughout their life. It is very difficult for the children to get groomed in the absence of their father. For loss of love and affection, the respondents 2 and 3/children of the deceased are entitled to a sum of Rs. 1,50,000/- (Rupees One Lakh and Fifty Thousand only) each, totalling a sum of Rs. 3,00,000/- (Rupees Three Lakhs only) by enhancing a sum of Rs. 10,000/- (Rupees Ten Thousand only) each granted by the Tribunal. 10. A sum of Rs. 10,000/- (Rupees Ten Thousand only) awarded towards loss of love and affection to the fourth respondent/mother of the deceased, is enhanced to a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only). 11. The amounts awarded under the other heads, viz., a sum of Rs. 20,000/- (Rupees Twenty Thousand only) towards funeral expenses and a sum of Rs. 5,000/- (Rupees Five Thousand only) towards damage to the two wheeler are all reasonable and they are confirmed. However, a sum of Rs. 5,000/- (Rupees Five Thousand only) awarded towards transportation charges is very low and the same is enhanced to a sum of Rs. 15,000/- (Rupees Fifteen Thousand only). 12. Accordingly, the respondents/claimants are entitled to get the following compensation: Sl. No. Heads Amount awarded by Tribunal (Rs.) Amount reduced/enhanced by this Court (Rs.) Total (Rs.) 1 Loss of Income 10,32,648.00 (+) 5,16,477.00 15,49,125.00 2 Loss of Consortium to the first respondent/wife 50000 (+) 50,000.00 1,00,000.00 3 Loss of Love and Affection to the first respondent/wife 10000 Deleted Deleted 4 Loss of Love and Affection to the respondents 2 and 3/children - Rs. 1,50,000/- each. 20000 (+) 2,80,000.00 3,00,000.00 5 Loss of Love and Affection to the fourth respondent/mother 10000 (+) 15,000.00 25000 6 Funeral Expenses 20000 Nil 20000 7 Damage to the Two Wheeler 5000 Nil 5000 8 Transportation Charges 5000 (+) 10,000.00 15000 Grand Total 20,14,125.00 Rounded off 20,15,000.00 13.
1,50,000/- each. 20000 (+) 2,80,000.00 3,00,000.00 5 Loss of Love and Affection to the fourth respondent/mother 10000 (+) 15,000.00 25000 6 Funeral Expenses 20000 Nil 20000 7 Damage to the Two Wheeler 5000 Nil 5000 8 Transportation Charges 5000 (+) 10,000.00 15000 Grand Total 20,14,125.00 Rounded off 20,15,000.00 13. Out of the above said award amount, the respondents/claimants are entitled to get their resspective shares as per the apportionment made hereunder: Sl. No. Claimants Amounts Rs. 1 1st Respondent/1st Claimant/Wife of the deceased 8,15,000.00 2 2nd Respondent/2nd Claimant/Minor Daughter of the deceased 5,50,000.00 3 3rd Respondent/3rd Claimant/Minor Daughter of the deceased 5,50,000.00 4 4th Respondent/4th Claimant/Mother of the deceased 1,00,000.00 Total 20,15,000.00 However, the rate of interest awarded by the Tribunal at 7.5% per annum, remains unaltered. 14. The facts of the case enable this Court to enhance the compensation from Rs. 11,52,648/- (Rupees Eleven Lakhs Fifty Two Thousand Six Hundred and Forty Eight only) to a sum of Rs. 20,15,000/- (Rupees Twenty Lakhs and Fifteen Thousand only), even at the admission stage itself, while dismissing the appeal preferred by the appellant-Transport Corporation. This Court has got power and jurisdiction to enhance the compensation even in the absence of appeal/cross appeal by the claimants, by invoking Order 41, Rule 33 of the Code of Civil Procedure by re-appreciating the evidence, especially, when the Tribunal has not followed the correct law and awarded the appropriate amount. 15. In the result, (i) This Civil Miscellaneous Appeal is dismissed; (ii) The respondents/claimants are entitled to a sum of Rs.
15. In the result, (i) This Civil Miscellaneous Appeal is dismissed; (ii) The respondents/claimants are entitled to a sum of Rs. 20,15,000/- (Rupees Twenty Lakhs and Fifteen Thousand only) along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs; (iii) The appellant-Transport Corporation is directed to transfer the respective shares of the first respondent/wife of the deceased as well as the fourth respondent/mother of the deceased in the award amount, along with interest at rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs, less the amount already deposited, if any, as per the apportionment made by this Court, directly to their respective Personal Savings Bank Account Numbers, through RTGS/NEFT, after getting the Account Details of the first respondent/wife of the deceased by the officials of the appellant-Transport Corporation, within a period of twelve weeks from the date of receipt of a copy of this judgment; (iv) Insofar as the shares of the minor respondents 2 and 3/children of the deceased are concerned, the appellant-Transport Corporation is directed to deposit their respective share amounts, as per the apportionment made by this Court, to the credit of M.C.O.P.No.45 of 2012, by the Motor Accident Claims Tribunal - cum - Sub Court, Devakottai and thereafter, the Tribunal shall deposit the same in any one of the nationalised banks in an interest bearing Fixed Deposit under a renewable scheme, till they attain majority; (v) The first respondent/mother of the children is permitted to withdraw the interest accrued thereon once in two months for the welfare of the minor respondents 2 and 3/children of the deceased; (vi) Since the appeal filed by the appellant-Transport Corporation is dismissed and enhancement has been made in favour of the respondents/claimants suo motu ex parte by this Court, the respondents/claimants may not be knowing about the enhancement made by this Court and therefore, a copy of this judgment is directed to be served on the respondents/claimants, directly free of costs; (vii) In the facts and circumstances of the case, there shall be no order as to costs. Consequently, the connected civil miscellaneous petition is closed.