AI Structured Summary
Not yet generated for this judgment
Judgment
P.P.S. Janarthana Raja, J.—These Civil Miscellaneous Appeals are filed by the Transport Corporation against the Judgment and Decree
dated 26.10.1999 made in MCOP Nos. 561 of 1993, 571 of 1993, 553 of 1993, 560 of 1993, 569 of 1993 and 559 of 1993 on the file of
Motor Accidents Claims Tribunal (Sub Court), Tindivanam.
The background facts in a nutshell are as follows:
In a family consisting of a husband, wife and three children, the husband travelled in a Maruti Van bearing Registration No. TN-09-0882 on
24.08.1991 from Trichy to Chennai. When the Maruti Van was nearing Tindivanam in front of Aluminium Factory on G.S.T. Road, at 5.30 p.m. it
overtook the lorry and while overtaking, a bus bearing Registration No. TN-31-N-0259 pertaining to the appellant Transport Corporation, came
in a very rash and negligent manner on the opposite direction and dashed against the Maruti Car. As a result of the accident, the husband
Rajendran and one of the minor Children, namely Abinaya died on the spot. The remaining family members, i.e., wife, two children as well as the
sister of the deceased Rajendran have all sustained grievous injuries. The claimants filed Claim Petitions before the Tribunal. After considering the
materials and evidence on record, the Tribunal awarded compensation. The details regarding the accident, amounts claimed and awarded are as
under:
Sl. CMA No. O.P.No. Amt.claimed Amt.awarded Nature of Heads
No. (Rs.) (Rs.) injury
1970/2000 561/93 11,12,000/- 5,83,000/- Fatal Future income
Funeral expenses
Consortium
1971/2000 571/93 20,000/- 12,000/- Simple injuries Medical
and Transport Pain and
suffering.
1972/2000 553/93 20,000/- 11,000/- Simple injuries Medical
and Transport Extra
Nourishment.
1973/2000 560/93 1,00,000/- 60,000/- Grievous injuries Transport
55% disability Pain and
suffering. Permanent disability
1974/2000 569/93 50,000/- 25,000/- Simple injuries Transport
40% disability Pain and
suffering. Permanent disability
1975/2000 559/93 1,00,000/- 75,000/- Fatal Love and affection
and other heads.
In all the above claim petitions, the Tribunal awarded the interest rate at 12% pa. from the date of petition.
Aggrieved by the award amounts, the Transport Corporation, the appellant filed the present appeals.
Learned Counsel appearing for the appellant Transport Corporation submitted that the compensation amounts awarded by the Tribunal in all
these Claim Petitions are excessive. It is also submitted that the Tribunal had awarded the amounts without properly appreciating the facts on
record. It is further submitted that the accident had occurred only due to the rash and negligent driving of the Maruti Van. Hence the awards
passed by the Tribunal are unreasonable, without basis and justification and the same should be set aside.
Learned Counsel appearing for the claimants submitted that the Tribunal has considered all the relevant materials and evidence on record and
came to the right conclusion in awarding a just, fair and reasonable compensation. Hence the awards passed by the Tribunal are very reasonable
and the same are in accordance with law.
Heard the counsel. There is a factual finding by the Tribunal that the accident has occurred only due to the negligence on the part of the driver of
the bus, bearing Registration No. TN-31-N-0259 belonging to the appellant Transport Corporation. According to the evidence of P.W.1, wife of
the deceased, the bus belonging to the appellant Transport Corporation came in a rash and negligent manner and dashed against the Maruti van
and as a result of which, her husband and her daughter Abinaya were died on the spot. After considering the First Information Report, the Tribunal
had come to the conclusion that the accident was occurred only due to the negligence of the driver. In respect of quantum, I will take up the case
one by one:
CMA No. 1970 of 2000 (MCOP No. 561/93):
The claimants are the wife, two minor children, father and mother of the deceased Rajendran. She claimed a sum of Rs. 11,12,000/- as
compensation. The Tribunal awarded a sum of Rs. 5,83,000/- as compensation. In this case, P.W.1 is the wife of the deceased. She gave
evidence that her husband was 40 years at the time of accident and he was the Manager of Roselyn Granite Company. Further he was also a
Consultant for a number of granite quarries. The deceased husband was deriving an income of Rs. 15,000/- to Rs. 20,000/- per month. He was
also receiving a salary of Rs. 6,000/- per month from the said Granite Company. He also purchased a Maruti Car bearing Registration No. TN-
09-0882 and has a valid licence. The deceased husband was also owning lands and was also having a chance of setting up a factory if he would
have been alive. Hence the claimants claimed a sum of Rs. 11,12,000/- as compensation before the Tribunal, but there are no documents marked
to prove the income. Ex.P30 is the Post Mortem Report of the deceased Rajendran which reveals that the deceased was 40 years of age at the
time of accident. The Tribunal had taken into consideration all the facts and circumstances and came to the conclusion that the deceased would
have earned Rs. 4,000/- per month and fixed Rs. 48,000/- as the yearly income. Thereafter the Tribunal adopted 18 multiplier and determined Rs.
8,64,000/- as the income earned if he would have been alive. After deducting 1/3rd of the amount towards personal expenses, the balance amount
of Rs. 5,76,000/- has been fixed as loss of income to the family of the deceased Rajendran. The Tribunal awarded Rs. 2,000/- to the funeral
expenses and Rs. 5,000/- towards loss of consortium. Thus, a total compensation of Rs. 5,83,000/- was awarded by the Tribunal. In this case the
compensation towards conventional damages awarded by the Tribunal is very reasonable and hence the same is confirmed. The monthly income
fixed by the Tribunal is very reasonable and hence the same is confirmed. The only dispute is regarding the adoption of multiplier. There is no
dispute regarding the age of the deceased which was 40 years at the time of accident. The correct multiplier that should have been adopted by the
Tribunal is 16. If 16 multiplier is adopted, the compensation towards loss of income works out to Rs. 5,12,000/-. Hence the amount of Rs.
5,76,000/- awarded by the Tribunal towards loss of income is modified to Rs. 5,12,000/-. The details of the modified compensation are as under:
Rupees
Towards loss of income 5,12,000/-
Funeral expenses 2,000/-
Loss of consortium 5,000/-
----------
Total... 5,19,000/-
==========
Therefore the claimants are entitled to the modified compensation of Rs. 5,19,000/- as against Rs. 5,83,000/- awarded by the Tribunal. The
interest rate fixed by the Tribunal at 12% p.a. is confirmed as the same was prevailing at that time.
CMA No. 1971 of 2000 (MCOP No. 571/93):
The respondent / claimant is one Aishwarya who is the daughter of the deceased Rajendran. As a result of the accident, she sustained simple
injuries. The claimant claimed a compensation of Rs. 20,000/- before the Tribunal. The Tribunal awarded a compensation of Rs. 12,000/-. The
claimant deposed that she sustained simple injuries and she was given first aid treatment and subsequently she was treated in a hospital at Chennai.
P.W.4 is the Doctor who had given evidence that the claimant suffered injuries on the face, hands and legs. He also assessed the disability at 10%.
Taking into consideration of the injuries sustained, medical expenses, transport, pain and suffering, the Tribunal awarded a consolidated sum of Rs.
12,000/-. The compensation awarded by the Tribunal is based on valid materials and evidence and the same is also reasonable. Hence the
compensation awarded by the Tribunal is confirmed. The counsel appearing for the appellant Transport Corporation is unable to produce any
material or evidence or compelling reason to interfere with the order of the Tribunal. The interest rate fixed by the Tribunal at 12% p.a. is
confirmed as the same was prevailing at that time.
CMA No. 1972 of 2000 (MCOP No. 553/93):
The claimant is the injured in the accident, who is the sister of the deceased Rajendran. P.W.2 is the claimant. The claimant has given an evidence
that she sustained injuries on the right side of the head and the right eye brow. In respect of injuries, Ex.P39 and Ex.P40 were marked. On facts
and taking into consideration these exhibits the Tribunal awarded a sum of Rs. 11,000/- as against Rs. 20,000/- claimed by the claimant. After
taking into consideration of the simple injuries on the basis of Ex.P39 and Ex.P40, the amount awarded by the Tribunal is very reasonable and
hence the same is confirmed. This amount is a consolidated amount for medical expenses, transport and extra nourishment. The counsel appearing
for the appellant Transport Corporation is unable to produce any material or evidence or compelling reason to interfere with the order of the
Tribunal. The interest rate fixed by the Tribunal at 12% p.a. is confirmed as the same was prevailing at that time.
CMA No. 1973 of 2000 (MCOP No. 560/93):
The claimant is the injured in the accident, who is the wife of the deceased Rajendran. P.W.1 is the claimant. She sustained grievous injuries and
her disability was assessed at 55%. The nature of the injuries are deep wound on the fore head, dislocation of jaws, fracture of left shoulder and
some of the teeth have fallen. She had also taken treatment in a private hospital due to these injuries. She is unable to perform normal activities.
Hence she claimed Rs. 1,00,000/- as compensation. In this case, P.W.4 is the Doctor. He gave the wound certificate and fixed the disability at
55%. He also stated that the claimant sustained grievous injuries. With regard to disability, Ex.49 was marked. Also, the claimant filed series of
medical bills, Ex.P5 to Ex.P29. Taking into consideration the grievous injuries and disability at 55%, the Tribunal awarded a compensation as
follows:
Pain and suffering Rs. 10,000/-
Medical treatment and
expenses Rs. 10,000/-
Permanent disability Rs. 40,000/-
------------
Total.... Rs. 60,000/-
============
The Tribunal awarded the compensation based on valid materials and evidence. The award amount is very reasonable and hence the same is
confirmed. The counsel appearing for the appellant Transport Corporation is unable to produce any material or evidence or compelling reason to
interfere with the order of the Tribunal. The interest rate fixed by the Tribunal at 12% p.a. is confirmed as the same was prevailing at that time.
CMA No. 1974 of 2000 (MCOP No. 569/93):
The respondent / claimant is one Minor Subashini, represented by her mother and natural guardian Chandra. Chandra is the sister of the deceased
Rajendran. The claimant claimed a sum of Rs. 50,000/- as compensation before the Tribunal. The claimant sustained injuries and the disability was
assessed at 40%. P.W.3 is the Subashini. She herself has given evidence that she sustained injuries on the right eye brow and front teeth. She also
has given evidence that she sustained injuries all over the body. She is also studying third year B.B.M. in Ethiraj College. Due to these injuries she
is unable to concentrate on her studies and because of the injuries on the face, she is unable to get married and she was also taking treatment for
the teeth. Further she had given evidence that she is unable to swallow the food. In respect of treatment to her, Ex.P41 to Ex.P43 are marked.
P.W.4 is the Doctor who had given treatment to her. Ex.P45 and Ex.P46 are also marked which relates to the medical slip given to Subashini. The
Doctor has given evidence that the claimant suffered grievous injuries on her face and all over the body and her disability has been assesed at 40%,
marked as Ex.P51. The Tribunal after considering the materials and evidence on record, awarded a sum of Rs. 5,000/- towards pain and suffering,
Rs. 5,000/- towards transport and Rs. 15,000/- towards permanent disability, totalling to a compensation of Rs. 25,000/-. The compensation
awarded by the Tribunal is based on valid materials and evidence and the same is also reasonable. Hence the compensation awarded by the
Tribunal is confirmed. The counsel appearing for the appellant Transport Corporation is unable to produce any material or evidence or compelling
reason to interfere with the order of the Tribunal. The interest rate fixed by the Tribunal at 12% p.a. is confirmed as the same was prevailing at that
time.
CMA No. 1975 of 2000 (MCOP No. 559/93):
The claimant is the wife of the deceased Rajendran. A daughter of the claimant by name Abinaya was also died in the accident. The deceased
Abinaya was 2 years old at the time of accident, which is as per Post Mortem Report marked as Ex.P3. The amount claimed by the claimant is Rs.
1,00,000/- towards love and affection. The Tribunal, taking into consideration of the facts and circumstances of the case, awarded a sum of Rs.
75,000/- towards love and affection. The award amount passed by the Tribunal is very reasonable and is in accordance with law. Hence the same
is confirmed. The counsel appearing for the appellant Transport Corporation is unable to produce any material or evidence or compelling reason to
interfere with the order of the Tribunal. The interest rate fixed by the Tribunal at 12% p.a. is confirmed as the same was prevailing at that time.
It is stated that the appellant Transport Corporation has already deposited 50% of the amounts awarded by the Tribunal in all these appeals.
The appellant Transport Corporation is directed to deposit the balance amount of compensation with 12% interest p.a. from the date of petition, as
confirmed by this Court above, after adjusting the amounts already deposited, within a period of six weeks from the date of receipt of a copy of
this order. On such deposit the major claimants are entitled to withdraw their respective shares fully from the deposit. With regard to minors, their
shares shall be deposited in a Fixed Deposit in any Nationalised Bank initially for a period of three years and renewable thereafter till the minors
attain majority. The guardians of the respective minors are permitted to withdraw the accrued interest once in three months.
The Civil Miscellaneous Appeals are disposed of accordingly. Consequently, C.M.P. Nos. 19011 to 19016 of 2000 are closed. No costs.