The Managing Director vs Thangakani

The Transport Corporation is the appellant challenging the award of Rs.8,63,500/- (Rupees Eight Lakhs Sixty Three Thousand and Five

Hundred only) awarded by the Tribunal for the death of one Dhanapalan, aged about 67 years, allegedly earning about Rs. 20,000/- (Rupees

Twenty Thousand only) in the accident occurred on 13.08.2013, when the bus was driven in a rash and negligent manner and hit the deceased

cyclist. Therefore, the claim petition.

On contest, the Tribunal found that the driver of the appellant-Transport Corporation bus was rash and negligent and awarded a sum of

Rs.8,63,500/- (Rupees Eight Lakhs Sixty Three Thousand and Five Hundred only). The award of the Tribunal is being challenged before this

Court only on the quantum of compensation.

Heard Mr.P.Prabhakaran, learned Counsel for the appellant- Transport Corporation and Mr.G.Venugopal, learned Counsel for the

respondents/claimants.

The only question is with regard to the quantum. Though the learned Counsel for the appellant would submit that there was no proof regarding

the monthly income of Rs.6,500/- (Rupees Six Thousand and Five Hundred only) for the deceased, aged 67 years, who was doing his own

business. In the absence of any proof regarding the income, the Tribunal rightly followed the judgment of the Honourable Supreme Court in Siddiq

Ali v. Divisional Manager, United India India Insurance Company Limited reported in 2014 (1) TN MAC 459, rightly determined the monthly

income at Rs.6,500/- (Rupees Six Thousand and Five Hundred only).

Further, the Tribunal taking into consideration the size of the family as 4 members, deducted 1/4th amount towards personal expenses. The said

deduction of 1/4th amount towards personal expenses is not correct, as the third respondent/daughter of the deceased is already married and she

is living with her husband and therefore, even by following the judgment of the Honourable Supreme Court in Sarla Verma v. Delhi Transport

Corporation reported in 2009 (2) TN MAC 1 (SC), 1/3rd amount has to be deducted and accordingly, after deducting 1/3rd amount, the monthly

income would be Rs.4,333/- (Rupees Four Thousand Three Hundred and Thirty Three only) [Rs.6,500/- - Rs.2,167/-]. The multiplier ''5'' was

rightly adopted by the Tribunal and therefore, the loss of income would be Rs.2,59,980/- (Rupees Two Lakhs Fifty Nine Thousand Nine Hundred

and Eighty only) [Rs.4,333/- X 12 X5].

A sum of Rs.50,000/- (Rupees Fifty Thousand only) awarded towards loss of consortium to the first respondent/wife of the deceased is very

reasonable and the same is confirmed.

However, a sum of Rs.50,000/- (Rupees Fifty Thousand only) each to all the respondents/claimants, totalling a sum of Rs. 2,00,000/- (Rupees

Two Lakhs only) towards loss of love and affection is unwarranted and therefore, the respondents 2 to 4/claimants 2 to 4 are jointly entitled to a

sum of Rs.1,00,000/- (Rupees One Lakh only) and accordingly, a sum of Rs.2,00,000/- (Rupees Two Lakhs only) is reduced to a sum of

Rs.1,00,000/- (Rupees One Lakh only) towards loss of love and affection.

The amounts awarded under the other heads, viz., a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred only) towards loss of estate;

a sum of Rs.5,000/- (Rupees Five Thousand only) towards transportation charges; a sum of Rs.10,000/- (Rupees Ten Thousand only) towards

funeral expenses; a sum of Rs.10,000/- (Rupees Ten Thousand only) towards extra nourishment; a sum of Rs.10,000/- (Rupees Ten Thousand

only) towards pain and sufferings; a sum of Rs.2,81,414/- (Rupees Two Lakhs Eighty One Thousand Four Hundred and Fourteen only) towards

medical expenses and a sum of Rs.2,000/- (Rupees Two Thousand only) towards damages to the bicycle, are all reasonable and they are

confirmed. The rate of interest awarded by the Tribunal at 7.5% per annum remains unaltered.

In the result, this Civil Miscellaneous Appeal is partly allowed, reducing the award amount from Rs.8,63,500/- (Rupees Eight Lakhs Sixty Three

Thousand and Five Hundred only) to a sum of Rs.7,30,894/- (Rupees Seven Lakhs Thirty Thousand Eight Hundred and Ninety Four only)

[Rs.2,59,980/- (loss of income) + Rs.50,000/- (loss of consortium) + Rs.1,00,000/- (loss of love and affection to the respondents 2 to 4) +

Rs.2,500/- (loss of estate) + Rs.5,000/- (transportation charges) + Rs.10,000/- (funeral expenses) + Rs.10,000/- (extra nourishment) +

Rs.10,000/- (pain and sufferings) + Rs.2,81,414/- (medical expenses) + Rs.2,000/- (damages to the bicycle)] and the appellant-Transport

Corporation is directed to deposit the entire award amount along with interest at the rate of 7.5% per annum from the date of petition till date of

realisation and proportionate costs, to the credit of M.C.O.P.No.303 of 2013, on the file of the Motor Accident Claims Tribunal - cum ? Sub

Court, Vallioor, within a period of eight weeks from the date of receipt of a copy of this judgment and on such deposit, the Tribunal shall transfer

the same as per the apportionment made by the Tribunal, to the respective Personal Savings Bank Account Numbers of the respondents 1 to

4/claimants, through RTGS/NEFT, after getting their Account Details, within a period of two weeks thereafter. In the facts and circumstances of

the case, there shall be no order as to costs. Consequently, the connected civil miscellaneous petition is closed.