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2018 DIGILAW 3784 (MAD)

General Manager, Tamil Nadu State Transport Corporation Limited v. Vasanthi

2018-10-12

V.M.VELUMANI

body2018
JUDGMENT V.M.Velumani, J. This Civil Miscellaneous Appeal has been filed by the appellant/Transport Corporation against the award, dated 28.11.2017 made in M.C.O.P.No.205 of 2015 by the Motor Accident Claims Tribunal/Special District Judge, Tiruchirappalli. 2. Short facts necessary for the disposal of this appeal, are as follows: 2.1. The appellant/Transport Corporation is the respondent in M.C.O.P.No.205 of 2015 on the file of the Motor Accident Claims Tribunal/Special District Judge, Tiruchirappalli. The respondents 1 to 3 filed the claim petition claiming compensation for the death of one Mohanraj, husband of the first respondent, father of the second respondent and son of the third respondent. 2.2. According to the respondents 1 to 3/claimants, on 20.10.2014 at about 15.15 hours, the deceased Mohanraj was riding his two wheeler bearing Registration No.TN-48-M-2923 from Trichy to Chennai Bye Pass Road keeping his extreme left side of the road came near Samayapuram Vijaya Petrol Bunk 'U' turn, at that time, the bus belonging to the appellant/Transport Corporation bearing Registration No.TN-45-N-2119 was driven by its driver in a rash and negligent manner without sounding horn at hectic speed and dashed against the deceased. Due to the sudden impact, the deceased sustained multiple grievous injuries all over the body including head injury. Immediately, after the accident, the deceased was taken to the Atlas Hospital, Trichy and admitted as an inpatient from 20.10.2014 to 22.10.2014. But inspite of the best treatment, he died on 22.10.2014. 2.3. At the time of the accident, the deceased was aged 55 years and he was working as a Technician-II, Mechanical Department in Southern Railway earning a sum of Rs. 50,000/- per month. The respondents 1 to 3 are the dependents of the deceased and therefore, they claimed a sum of Rs. 25,00,000/-. 2.4. The appellant/Transport Corporation filed a counter statement denying all the averments made in the claim petition and submitted that the accident did not occur due to the rash and negligent driving of the driver of the appellant/Transport Corporation bus, but the rider of the two wheeler rode the two wheeler in a rash and negligent manner and invited the accident. Further, the appellant/Transport Corporation also denied the age, income and occupation and nature of the injuries. 2.5. Before the Tribunal, P.W.1 to P.W.3 were examined and Exs.P.1 to P.8 were marked on the side of the claimants. Further, the appellant/Transport Corporation also denied the age, income and occupation and nature of the injuries. 2.5. Before the Tribunal, P.W.1 to P.W.3 were examined and Exs.P.1 to P.8 were marked on the side of the claimants. On behalf of the respondent, R.W.1 was examined and no document was marked and Court documents were marked Exs.X1 to X.5. 2.6. The Tribunal, considering the pleadings, oral and documentary evidence, came to the conclusion that the accident occurred only due to the rash and negligent driving of the driver of the appellant/Transport Corporation bus and considering the claim of the respondents 1 to 3, awarded a sum of Rs. 49,40,358/- along with interest at the rate of 7.5% per annum from the date of petition till date of realisation and proportionate costs. 2.7. Aggrieved over the award of the Tribunal, the appellant/Transport Corporation has filed the present appeal. 3. The learned counsel appearing for the appellant/Transport Corporation contended that the Tribunal failed to consider the fact that only the rider of the two wheeler was responsible for the accident and the Tribunal ought to have fixed the entire negligence on the rider of the two wheeler and further submitted that the compensation awarded under various heads are excessive. 4. Per contra, the learned counsel appearing for the respondents 1 to 3 submitted that the Tribunal awarded the just and reasonable compensation and prayed for dismissal of the appeal. 5. Heard the learned counsel appearing for the appellant/Transport Corporation and the learned counsel appearing for the respondents 1 to 3 and perused the materials available on record. 6. The Tribunal, based on the evidence of P.W.2 and R.W.1, rightly came to the conclusion that the accident occurred only due to the rash and negligent driving of the driver of the appellant/Transport Corporation bus and therefore, fastened the liability on the appellant/Transport Corporation. The said finding is based on evidence cannot be interfered with. 7. With regard to the compensation, the Tribunal, based on Ex.X.2- salary slip of the deceased, Ex.X.3-service register and Ex.X.4-promotion and pay revision details, rightly determined the monthly income of the deceased at Rs. 45,637/- and awarded 15% future prospectus (Rs.45,637 X 15/100 = Rs. 6,845/-) and awarded a sum of Rs. 52,482/- (Rs.45,637 + Rs. 6,845/-) and deducted one-third amount towards personal expenses. After deducting one-third amount, the Tribunal took the monthly contribution of the deceased at Rs. 45,637/- and awarded 15% future prospectus (Rs.45,637 X 15/100 = Rs. 6,845/-) and awarded a sum of Rs. 52,482/- (Rs.45,637 + Rs. 6,845/-) and deducted one-third amount towards personal expenses. After deducting one-third amount, the Tribunal took the monthly contribution of the deceased at Rs. 34,988/- (Rs.52,482/- - Rs. 17,494/-). 8. At the time of accident, the age of the deceased was 57 years, but the Tribunal has erroneously fixed the age of the deceased as 55 years and adopted the multiplier 11' and according to the age of the deceased, the appropriate multiplier to be adopted is 9' as per the Judgment of the Honourable Supreme Court in Sarla Verma Vs. Delhi Transport Corporation reported in, (2009) 2 TNMAC 1 (SC) and accordingly the loss of income would be Rs. 37,78,704/- (Rs.34,988 X 12 X 9). 9. The Tribunal awarded a sum of Rs. 20,000/- towards funeral and transportation expenses, which is on the higher side and hence, the same is reduced to a sum of Rs. 15,000/-. 10. Similarly, a sum of Rs. 2,00,000/- awarded to the respondents towards loss of love and affection is on the higher side and therefore, this Court set aside the same. 11. Similarly, a sum of Rs. 50,000/- awarded towards consortium, which is on the higher side and hence, the same is reduced to a sum of Rs. 40,000/- towards consortium. 12. The amount awarded by the Tribunal under the Medical bills for Ex.P.6, viz., a sum of Rs. 51,942/-, is very reasonable and the same is confirmed. 13. The Tribunal has not awarded any amount towards loss of estate and this Court awards a sum of Rs. 15,000/- towards loss of estate. Therefore, this Court modifies the award of the Tribunal by enhancing the compensation, as under:- S.No Description Amount awarded by Tribunal (Rs. Amount awarded by this Court (Rs) Award confirmed or enhanced or granted 1. Loss of dependency 46,18,416 37,78,704 Reduced 2. For funeral and transportation expenses 20,000 15,000 Reduced 3. For love and affection for the respondents 2,00,000 - Deleted 4. For consortium 50,000 40,000 Reduced 5. Medical bills for Ex.P.6 series 51,942 51,942 Confirmed 6. For loss of estate - 15,000 awarded Total 49,40,358 39,00,646 By reducing a sum of Rs. 10,39,712/- 14. Therefore, the appellant/Transport Corporation is liable to pay a sum of Rs. For love and affection for the respondents 2,00,000 - Deleted 4. For consortium 50,000 40,000 Reduced 5. Medical bills for Ex.P.6 series 51,942 51,942 Confirmed 6. For loss of estate - 15,000 awarded Total 49,40,358 39,00,646 By reducing a sum of Rs. 10,39,712/- 14. Therefore, the appellant/Transport Corporation is liable to pay a sum of Rs. 39,00,646/- with interest at the rate of 7.5% p.a., from the date of claim petition till the date of deposit and proportionate costs. 15. In the result, this Civil Miscellaneous Appeal is partly allowed. The appellant/Transport Corporation is directed to deposit the compensation amount with accrued interest and costs to the credit of M.C.O.P.No.205 of 2015 on the file of the Motor Accident Claims Tribunal/Special District Court, Tiruchirappalli, within a period of eight weeks from the date of receipt of copy of this judgment, less the amount, if any, already deposited. The first respondent is entitled to a sum of Rs. 30,50,646/-, the second respondent is entitled to a sum of Rs. 7,00,000/- and third respondent is entitled to a sum of Rs. 1,50,000/-. On such deposit, the respondents are permitted to withdraw the said award amount, less the amount, if any, already withdrawn, by making necessary application before the Tribunal. The appellant/Transport Corporation is permitted to withdraw the excess amount, if any. No costs. Consequently, connected Miscellaneous Petition is closed.