BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24/10/2007 CORAM: THE HONOURABLE MR.JUSTICE G.RAJASURIA C.M.A.(MD) No.188 OF 2006 and M.P.(MD)Nos.1 and 2 of 2007 and C.M.P(MD)No.1102 of 2006 Tamil Nadu Transport Corporation represented through its Managing Director, Bye-pass Road, Madurai-625 010. .. Appellant Vs 1.C.Guruvammal 2.C.Thannasi 3.Minor C.Vairavan 4.Minor C.Chellasamy 5.Minor c.Chinnakaruppi@Manjula (Minors 3 to 5 are represented through their mother and next friend of 1st Respondent) 6.Chinnakaruppi 7.Tamil Selvi .. Respondents Prayer Appeal filed under Section 173 of Motor Vehicles Act, 1988, against the Judgement and Decree dated 04.03.2005 made in MCOP.No.24 of 2000 by the learned Motor Accidents Claims Tribunal cum the First Additional District Judge, Madurai. !For Appellant ... Mr.Rajnish Pathiyil ^For Respondents ... N.Ganesan :JUDGMENT
This appeal is focussed as against the Judgement and Decree dated
04.03.2005 passed in MCOP.No.24 of 2000 by the learned Motor Accidents Claims
Tribunal cum the First Additional District Judge, Madurai.
2. Heard both sides.
3. The challenge in this Civil Miscellaneous Appeal is relating to the
quantum of compensation awarded by the Tribunal,vide Judgement dated 04.03.2005
to a tune of Rs.2,37,000/- (Rupees two lakh and thirty seven thousand only) on
the following sub-heads:
For loss of income – Rs.1,80,000/-
For love and affection – Rs. 50,000/-
For loss of consortium – Rs. 5,000/-
(for first and seventh
respondents)
For funeral expenses – Rs. 2,000/-
_____________
Total – Rs.2,37,000/-
4. While arguing the matter the learned counsel for the appellant
restricted his arguments to the effect that under the sub head love and
affection, the award of Rs.50,000/- (Rupees fifty thousand only) is ex-facie and
prima-facie on the higher side and it may be reduced to a sum of Rs.30,000/-
(Rupees thirty thousand only).
5. The learned counsel for the respondents is having no plausible contrary
argument to disagree with the suggestion of the learned counsel for the
appellant.
6. It is a trite proposition of law that under the caption love and
affection, the amount to be awarded is only an additional amount, over and above
the amount awarded under various other sub heads and it should not be excessive.
There are as many as seven claimants and awarding the sum of Rs.30,000/- (Rupees
thirty thousand only) in total under the sub head love and affection would meet
the ends of justice. Accordingly necessary modification be effected in the
award.
7. In the result, this Civil Miscellaneous Appeal is partly allowed and
the award of the Tribunal is reduced from Rs.2,37,000/- (Rupees two lakh thirty
seven thousand only) to Rs.2,17,000/- (Rupees two lakh and seventeen thousand
only), which shall carry interest at the rate of 9% as directed by the Tribunal.
No costs. Consequently, connected Miscellaneous Petitions are closed.
To
Motor Accidents Claims Tribunal cum
the First Additional District Judge,
Madurai.