1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2011 Coram: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI C.M.A.(MD)No.617 of 2011 and M.P.No.1 of 2011 The Managing Director, Tamil Nadu State Transport Corporation, (Madurai) Ltd., Dindigul Region, Dindigul. ... Appellant/1st Respondent -Vs- 1.A.Ramuammal 2.P.A.Kumaraguru 3.Velmurugan 4.Kalavathi ... Respondents/Petitioners 1 to 4 5.P.Murugan ... Respondents/ 2nd respondent PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award dated 28.04.2004 made in M.C.O.P.No.508 of 2002 on the file of the Motor Accident Claims Tribunal/Additional District and Sessions cum Fast Track Court, Dindigul. For appellant : Mr.Rajnish Pathiyil For respondents : Mr.T.R.Subramanian 1 to 4 For R5 : Steps Due JUDGMENT The appeal is filed by Tamil Nadu State Transport Corporation against the award of compensation of Rs.2,70,000/- with interest at 9% per annum made in favour of the wife, son and daughters of one Ayyalu @ Subramanian, who is the victim in the fatal accident occurred at 9.15 p.m. on 11.04.2002 near Semmanapatti Pirivu on Palani to Dindigul Road. 2.The date, time and place of the accident, the manner of the accident as due to the rash and negligent driving of the driver of the bus belonging to the State Transport Corporation leading to the death of Ayyalu @ Subramanian, his age, avocation and monthly earning, the relationship of the claimants with that of the deceased and their dependency upon his income are not so seriously denied. 3.The present appeal is filed by the Transport Corporation by questioning its liability to pay any compensation on the ground that the bus driver is not responsible for the accident and by questioning the quantum of compensation, particularly the rate of interest awarded by the Tribunal, whereas the learned counsel for the claimants would in the https://hcservices.ecourts.gov.in/hcservices/ 2 course of argument seek enhancement of compensation by contending that the Tribunal omitted to award any compensation for loss of love and affection and omitted to award reasonable amount for loss of consortium. 4.Regarding the manner of the accident, the Tribunal has, on the basis of Ex.P1, FIR, Ex.P2, rough sketch, Ex.P5, charge sheet and on the basis of the oral evidence of five witnesses, rightly arrived at a conclusion that the bus driver is by his rash and negligent driving solely at fault and responsible for the accident and no ground is made out on the side of the appellant to disagree with the finding rendered by the Tribunal. Regarding the quantum of compensation, the Tribunal grossly erred in omitting to award any compensation for loss of love and affection for the claimants and has awarded only Rs.9,000/- for loss of consortium to the first claimant. Considering the age of the deceased and claimants and their relationship, this Court is of the view that a reasonable sum of Rs.10,000/- each for loss of love and affection and Rs.14,000/- as loss of consortium for the first claimant can be awarded as compensation. Loss of income Rs.2,56,000/- Funeral expenses Rs. 5,000/- Loss of Consortium Rs. 14,000/- Loss of Love and affection Rs. 40,000/- -------------- Rs.3,15,000/- -------------- Thus the total compensation comes to Rs.3,15,000/- and the same is as rightly argued by the learned counsel for the appellant payable with interest at 7.5 % per annum. 5.In the result, the award dated 28.04.2009 made in M.C.O.P.No.508 of 2002 on the file of the Motor Accident Claims Tribunal/Additional District and Sessions cum Fast Track Court, Dindigul, is modified by awarding Rs.3,15,000/- payable with proportionate costs and interest at 7.5% per annum from the date of petition till date of payment. Out of the total compensation amount, the first claimant and the claimants 2 to 4 are entitled to get Rs.1,65,000/- and Rs.50,000/- each and on deposit of the amount into Court, the claimants are permitted to withdraw the same with accrued interest and costs. The claimants are directed to pay excess Court fee if any for enhanced compensation within one month from the date of receipt of the copy of this order, failing which the amount shall not carry interest for the period from the date of this order till the date of payment of Court fee. The civil miscellaneous appeal is accordingly disposed of. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Motor Accident Claims Tribunal/ Additional District and Sessions cum Fast Track Judge, Dindigul. +1cc to Mr.T.R.Subramanian, Advocate, SR.No.17520 gcg GH : 19.07.2011 : 3p/3c Judgment in C.M.A.(MD)No.617 of 2011 08.06.2011 https://hcservices.ecourts.gov.in/hcservices/