The Managing Director, vs S. Vanitha

Court
Madras High Court

CMA(MD) No. 873 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
AND
THE HON'BLE MR.JUSTICE RAJNISH PATHIYIL
CMA(MD) No. 873 of 2024
and
C.M.P(MD)No.9381 of 2024
CNR:{HCMD010315962024}
The Managing Director,
Tamil Nadu State Transport Corporation Ltd.,
Kumbakonam Region,
New Railway Station Road,
Kumbakonam.
..Appellant(s)
Vs
1. S. Vanitha
W/o. Late. Sakthivel,
South Street,
Thiruvaipadi,
Veerakaan,
Thiruvidaimarudur Taluk,
Thanjavur District.
2. S.Sukasini (Minor)
D/o. Late. Sakthivel,
South Street,
Thiruvaipadi,
Veerakaan,
Thiruvidaimarudur Taluk,
Thanjavur District.
3. S.Sriram (Minor)
S/o. Late. Sakthivel,
South Street,
Thiruvaipadi, Veerakaan,
Thiruvidaimarudur Taluk,
Thanjavur District.
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CMA(MD) No. 873 of 2024
4. N.Mohanambal,
W/o. Nagaraj,
South Street,
Thiruvaipadi,
Veerakaan,
Thiruvidaimarudur Taluk,
Thanjavur District.
5. M.Nagaraj,
S/o. Muthu,
South Street,
Thiruvaipadi,
Veerakaan,
Thiruvidaimarudur Taluk,
Thanjavur District.
..Respondent(s)
(Minor Respondents 2 and 3
Rep. by Guardian mother 1st
respondent)
PRAYER: Civil Miscellaneous Appeal is filed under Section 173 of
Motor Vehicle Act to set aside the order of the Motor Accident Claims
Tribunal Cum Special Principal Sub Court, Kumbakonam made in
M.C.O.P.No.189 of 2022 dated 19.06.2023 and allow the appeal.
For Appellant(s) :Mr.S.Micheal Heldon Kumar
For Respondent(s) :Mr.M.Karunanithi
JUDGMENT
(Judgment of the Court was delivered by RAJNISH PATHIYIL J.)
The Civil Miscellaneous Appeal has been filed challenging the
award dated 19.06.2023 passed in M.C.O.P.No.189 of 2022 on the file of
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CMA(MD) No. 873 of 2024
the Motor Accidents Claims Tribunal (Principal Sub Court),
Kumbakonam.
2. The parties are referred to as per the litigative status before the
Tribunal, in order to avoid any ambiguity.
3. The manner of the accident as has been set out in the award
passed by the Tribunal is as under:
On 09.04.2022, at about 05.00 p.m., the first claimant's husband
was riding his TVS Scooty bearing Registration No.TN-68-AB-1227,
with a person named Selvam as a pillion passenger. They were travelling
along the Kumbakonam-Chennai Main Road from west to east on the left
side of the road. When they reached a point opposite the Kaliamman
Temple near the Manambadi Main Road, the respondent Transport
Corporation bus bearing Registration No.TN-68-N-0637, which was
approaching from the opposite direction (south), was driven at a high
speed in a rash and negligent manner. The bus collided with the two-
wheeler, causing injuries to the back of his head, the right side of the
forehead and the lower leg of the pillion passenger, Selvam, died on the
spot. Sakthivel, the husband of the first claimant, who was riding the two-
wheeler, sustained severe injuries to his right leg, as well as injuries to his
head and other parts of his body. He was initially given first aid at the
Government Hospital, Kumbakonam, followed by further treatment at
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CMA(MD) No. 873 of 2024
Meenakshi Private Hospital, Thanjavur. Subsequently, he was admitted
as an inpatient at the Thanjavur Medical College Hospital from
10.04.2022 to 15.04.2022. Despite receiving intensive medical care, he
died on 15.04.2022.
4. The first claimant is the wife, the claimants 2 and 3 are the
children and the claimants 4 and 5 are the father and mother of the
deceased Sakthivel.
5. The Tribunal, after considering the claim petition as well as the
counter filed by the respondents, framed the following three issues:
(1) Due to whose negligence did the accident occur?
(2) Who is liable to pay compensation to the claimants?
(3) What is the amount of compensation to which the
claimants are entitled to?
6. On the issue of negligence, the Tribunal came to the conclusion
that the negligence was attributable only to the driver of the Transport
Corporation bus.
7. On the other two issues, namely, as to whether the claimants are
entitled to compensation and if so, how much compensation should be
payable to the claimants. The Tribunal considered the same after taking
note of the income of the deceased.
8. The deceased was working as a Crane Signalman in Eversendal,
United Arab Emirates. To establish his income, the claimants had
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CMA(MD) No. 873 of 2024
produced Ex.P5 as well as Exs.P24 and P25, to establish that the
deceased was earning a sum of Rs.30,000/- and that he was aged 40 years
at the time of the accident. His passport, marked as Ex.P15, reveals the
date of birth of the deceased as 19.04.1981. Since the accident happened
on 09.04.2022, the deceased was aged 40 years at the time of the
accident.
9. In respect of the income, the Tribunal took into account the fact
that Exs.P24 and P25 reveals that the deceased was earning 1,112 UAE
Dirhams, which, when converted at the prevailing conversion rate
applicable at the time of filing of the claim petition, namely, Rs.20.14/-
per Dirham, amounts to Rs.22,396/- (1,112 X 20.14) per month. An
addition of 25% was made towards future prospects, and a sum of
Rs.5,599/- was added to Rs.22,396/-, thereby arriving at a sum of
Rs.27,995/- as the monthly income of the deceased. If the said sum is
annualised, it would work out to Rs.3,35,940/- (Rs.27,995 x 12). Since
the deceased was 40 years of age, applying the multiplier of 15, as has
been set out in the judgment of the Hon'ble Supreme Court in the case of
Sarla Verma and others Vs. Delhi Transport Corporation and another
reported in (2009) 6 SCC 121 , the amount arrived at was Rs.50,39,100/-.
After deducting 1/4th towards personal expenses, as the claimants are
five in numbers, applying the law laid down by the Hon'ble Supreme
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CMA(MD) No. 873 of 2024
Court in National Insurance Company Limited Vs. Pranay Sethi and
others reported in 2018 (1) LW 331, the amount arrived at towards loss
of dependency is Rs.37,79,325/-.
10. We find no discrepancy in the assessment of the said damages
by the Tribunal, as the same is founded on Exs.P24 and P25. The learned
counsel for the Transport Corporation would submit that the said
documents pertain to the year 2021 and not to the current year, namely, it
does not pertain to the relevant year in which the deceased met with the
accident and died.
11. We find that such submissions deserve to be considered only to
be rejected, for the reason that only certificates pertaining to the period
prior to the death of the deceased can be taken note of, and the accident
happened on 09.04.2022. The certificate marked as Ex.P24 is in respect
of August 2021 and Ex.P25 is dated 22.12.2021. Therefore, the
contention of the Transport Corporation that those documents are dated
and could not have been relied upon is rejected.
12. The overall assessment of the Tribunal with regard to the other
conventional damages, namely, funeral expenses, loss of estate,
reimbursement of medical expenses, compensation on account of loss of
consortium awarded to the first claimant, loss of love and affection to the
second and third claimants, who are the children of the deceased and loss
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CMA(MD) No. 873 of 2024
of love and affection to the fourth and fifth claimants, who are the parents
of the deceased, cannot be faulted with. The overall conspectus of the
assessment of damages by the Tribunal is just and proper and has been
made in accordance with the law laid down by the Hon'ble Supreme
Court, both in the case of Pranay Sethi's case (cited supra) as well as in
the case of Sarla Verma's case (cited supra) . The tabulation of the
compensation awarded under the various heads is as follows:
Sl.No. Description Amount (Rs.)
1. Loss of dependency 37,79,325/-
2. Funeral expenses 16,500/-
3. Loss of Estate 16,500/-
4. Reimbursement of medical expenses 32,638/-
5. loss of consortium to the first
claimant
44,000/-
6. loss of love and affection to the
claimants 2 and 3
88,000/-
7. loss of love and affection to the
claimants 4 and 5
88,000/-
Total 40,64,963/-
13. We find no reasons to interfere with the same and, accordingly,
the Civil Miscellaneous Appeal is liable to be dismissed.
14. In the result, this Civil Miscellaneous Appeal is dismissed. If
the Transport Corporation has not deposited the entire award amount, the
Transport Corporation is directed to deposit the entire award amount ,
less the amount already deposited, within a period of twelve weeks from
the date of receipt of a copy of this judgment to the credit of the aforesaid
M.C.O.P.No.189 of 2022 on the file of the Motor Accident Claims
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CMA(MD) No. 873 of 2024
Tribunal Cum Special Principal Sub Court, Kumbakonam.
15. The claimants are entitled to disbursement of the said amount
as per the ratio set out in the award of the Tribunal. On such deposit, the
major claimants 1, 4 and 5 are permitted to withdraw their respective
shares with proportionate interest and costs by filing formal permission
petition before the Tribunal. The share of the minor claimants 2 and 3
shall be deposited in a Nationalised Bank in a fixed deposit until they
attain majority. The interest accruing on such deposit is permitted to be
withdrawn by the first respondent/mother of the minor claimants, once in
three months directly from the bank. No costs. Consequently, connected
Miscellaneous Petition is closed.
(A.Q.,J.) (R.P.L.,J.)
10-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
PS
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CMA(MD) No. 873 of 2024
To
1.The Motor Accident Claims Tribunal
Special Principal Sub Court, Kumbakonam.
Copy To :
Section Officer ( VR Section ),
Madurai Bench of Madras High Court,
Madurai.
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CMA(MD) No. 873 of 2024
ABDUL QUDDHOSE, J.
AND
RAJNISH PATHIYIL, J.
PS
CMA(MD) No. 873 of 2024
10-11-2026
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