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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J. NISHA BANU, R. SAKTHIVEL
Managing Director, Tamilnadu State Transport Corporation Ltd. – Appellant
Versus
Bhuvaneswari – Respondent
JUDGMENT :
R.Sakthivel, J.
Feeling aggrieved by the Award dated October 10, 2022 passed by the ‘Motor Accidents Claims Tribunal (Special District Court), Salem’ (‘Tribunal’ for short) in M.C.O.P.No.202 of 2020, the respondent/Transport Corporation therein has preferred CMA.No.1295 of 2023. The claimants therein have preferred CMA.No.1788 of 2023 seeking enhancement of compensation.
2. For the sake of convenience, the parties will hereinafter be referred to as per their rank in the Motor Claim Original Petition.
3. The case of the claimants is that on November 27, 2019, the first claimant’s husband - Singaravelan was riding a two-wheeler bearing Registration No.TN.29-BJ-1571 with a pillion rider in Dharmapuri – Salem Main Road near Deevattipatti at about 22 hours. At that time, the bus bearing Registration No.TN-30-N-1438 belonging to the first respondent, driven by its driver in a rash and negligent manner from Salem towards Dharmapuri, suddenly turned without any signal or indicator, and hit against the deceased’s two-wheeler, due to which the deceased sustained grievous injuries and passed away on the way to Government Hospital, Salem. At the time of accident, the deceased was 24 yea
The court established that gross salary, including future prospects, should be considered for compensation in fatal accident claims, with a standard deduction of 1/3rd for personal expenses.
Negligence of the bus driver was established leading to the deceased's death; compensation increased to Rs.61,48,400 by correcting the income calculation and including future prospects.
The court affirmed that compensation for motor vehicle accidents should be calculated using the multiplier method, considering future prospects and personal expenses.
The main legal point established in the judgment is the interpretation and application of contributory negligence and compensation calculation guidelines under the Motor Vehicles Act, 1988.
The court confirmed that legal representatives, including married sons, have the right to claim compensation for the death of a family member in a motor vehicle accident.
The court upheld the principle of awarding just compensation based on the multiplier method, emphasizing the need for future prospects and proper deductions for personal expenses.
The court established that compensation can be enhanced without cross-objections, emphasizing the application of the multiplier method for calculating just compensation.
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