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2015 Supreme(Mad) 1918

IN THE MADURAI BENCH OF MADRAS HIGH COURT
S. MANIKUMAR, G. CHOCKALINGAM, JJ.
The Managing Director, Tamil Nadu State Transport Corporation - Petitioner
Versus
Clara Jeyamani & Others - Respondents
Civil Miscellaneous Appeal(MD)No. 999 of 2014 & M.P(MD)No. 1 of 2014
Decided On : 20-04-2015

Advocates Appeared:
For the Appellant:S. Royce Emmanuel, Advocate.
For the Respondents:N. Sudhagar Nagaraj, Advocate.

Headnote:

Compensation - Motor Accidents Claims Tribunal - 2009 (2) TN MAC 1 (SC), 2015 (1) TNMAC 344(DB) - The court discussed the calculation of compensation for the deceased's family, including future prospects, income tax deduction, loss of consortium, love and affection, funeral expenses, transportation, and damage to clothes. The court relied on the legal provisions and interpretations from the mentioned cases to determine just compensation.

Fact of the Case:

The deceased's family claimed compensation of Rs.35,00,000 after the breadwinner's death. The deceased was a headmaster and the last drawn salary was Rs.16,412. The court discussed the calculation of compensation based on the deceased's income, future prospects, and deductions for personal and living expenses.

Finding of the Court:

The court found that the Claims Tribunal had erred in determining the compensation and suo motu enhanced the compensation based on legal precedents and principles of just compensation.

Issues: The issues included the calculation of compensation, deductions for income tax, loss of consortium, love and affection, funeral expenses, transportation, and damage to clothes.

Ratio Decidendi: The court applied the legal principles from various cases to determine just compensation for the deceased's family, considering income, future prospects, deductions, and additional expenses.

Final Decision: The court allowed the Civil Miscellaneous Appeal in part, directed the appellant to deposit the balance compensation amount, and permitted the family to withdraw their share of the compensation with interest. The court also directed the Tribunal to deposit the minor's share in a Nationalised Bank until she attains majority.

Judgment :-

S. Manikumar, J.

1. Being aggrieved by the quantum of compensation of Rs.27,33,000/-, awarded to the legal representatives of the deceased, with interest @ 7.5% per annum, the Managing Director, Tamil Nadu State Transport Corporation, Villupuram, has filed the present appeal.

2. Record of proceedings shows that pending appeal, vide order dated 13.04.2014 made in M.P(MD)No.1 of 2015, respondent No.2, has been declared, as major, and her guardian has been discharged.

3. Though several grounds have been raised, assailing the correctness of the award, made in MCOP.No.209 of 2009, dated 28.02.2014, on the file of the Motor Accidents Claims Tribunal, Sub Court, Kulithalai, inviting the attention of this Court, to the decision, made in Oriental Insurance Co.Ltd., vs. Raja Esakki, reported in 2015 (1) TNMAC 344(DB), Mr.Royce Emmanuel, learned counsel for the appellant corporation, submitted that the Claims Tribunal has exceeded in its jurisdiction, in determining the quantum of compensation, without deducting income-tax. According to him, 20% of income, ought to have been deducted towards income-tax.

4. Per contra, placing reliance, on the latest decision of the Hon'ble Supreme Court in Kansingh and another vs. Tukaram and others, reported in 2015 (1) TN MAC 1 (SC), Mr.Sudhagar Nagaraj, learned counsel for the respondents, submitted that only 10% is deductible towards income-tax. He agreed for 10% deduction. Submission is placed on record.

Heard the learned counsel for the parties and perused the materials available on record.

5. Material on record discloses that before death, the breadwinner, Mariadoss, aged about 43 years, was working as Headmaster in a Adi Dravidar Welfare Primary School, Sevalur, Manaparai, Trichy District. He died on 23.02.2009, and survived by his wife, aged about 34 years, Minor Sophiya, aged about 12 years and Minor Kirupa Salini, aged about 9 years and mother, aged about 73 years, at the time of filing the claim petition. They claimed compensation of Rs.35,00,000/-.

6. As per Ex.P4-Income Certificate, the last drawn salary of the deceased was Rs.16,412/-. As per the judgment of the Hon'ble Supreme Court in Smt.Sarla Verma and others vs. Delhi Transport Corporation and another, reported in 2009 (2) TN MAC 1 (SC), the Claims Tribunal adopted 14' multiplier. In the said decision, the Hon'ble Apex Court further held, that if the age of the deceased, is between 40 and 50 years, and if the deceased, had a permanent job, 30% of the salary, can be added towards future prospects. By applying the said decision, the Tribunal fixed the income as Rs.21,335/- i.e., 16412+4923(30% of Rs.21,335/-). Thereafter, for the purpose of computing loss of contribution to the family, the Tribunal deducted 1/4th of the salary towards the personal and living expenses of the deceased. As per Sarla Verma's case, if there are four dependants, 1/4th deduction towards personal and living expenses of the deceased, is permissible. Accordingly, the Tribunal deducted 1/4th and monthly contribution of the deceased to his family worked out to Rs.16,000/-. Annual income of the deceased arrived at is Rs.1,92,000/-.

7. Though Mr.S.Royce Emmanuel, learned counsel for the transport corporation relied on a Hon'ble Division Bench judgment of this Court in Oriental Insurance Co.Ltd., vs. Raja Esakki, reported in 2015 (1) TNMAC 344(DB), and prayed for 20% deduction towards income-tax, we are not inclined to accept the said submission, in view of the latest judgment of the Hon'ble Supreme Court in Kansingh and another vs. Tukaram and others, reported in 2015 (1) TN MAC 1 (SC), wherein, the Apex Court, by arriving at the annual income, added future prospects, on the basis of the age of the deceased and then, deducted 10% towards income-tax. It is well settled that the decision of the Apex Court is binding on all Courts throughout the country, under Articl
































































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