C.M.A.No.2207 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.09.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.2207 of 2021
1.V.Gowri
2.Kalpana
3.V.Balachandar
4.Balaji
Venkatraman (since died)
5.Saroja ... Appellants
Vs.
1.Golden Shelters Pvt. Ltd.
No.33, Greams Road
Shafee Mohammed Road
Chennai-600 006.
2.Bharti Axa Insurance Co. Ltd.
No.162, Metro Plaza 2nd floor
Anna salai, Mount Road
Opposite Spencer Plaza
Chennai – 600 002. ... Respondents
Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor
Vehicles Act, 1988, against the judgment and decree dated 11.01.2021 made
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https://www.mhc.tn.gov.in/judis
C.M.A.No.2207 of 2021
in M.C.O.P.No.429 of 2018 on the file of Motor Accident Claims Tribunal,
Special Sub Court No.1, Small Causes Court, Chennai.
For Appellant : Mrs.A.Subadra
For R1 : Ms.N.Sumathi
For R2 : Mr.B.Siva Kollapan
JUDGMENT
(Judgment of the Court was delivered by V.M.VELUMANI,J.) The Civil Miscellaneous Appeal is filed for enhancement of compensation granted by the Tribunal in the award dated 11.01.2021 made in M.C.O.P.No.429 of 2018 on the file of Motor Accident Claims Tribunal, Special Sub Court No.1, Small Causes Court, Chennai.
2.The appellants along with one Venkatraman are the claimants in M.C.O.P.No.429 of 2018 on the file of Motor Accident Claims Tribunal, Special Sub Court No.1, Small Causes Court, Chennai. They filed the said claim petition claiming a sum of Rs.75,00,000/- as compensation for the death of one Vinayagam, who died in the accident that took place on 2/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2207 of 2021 01.12.2017. Pending claim petition, the said Venkatraman, father of the deceased died.
3.The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of car belonging to the 1st respondent and directed the 2nd respondent/Insurance Company being insurer of the said car to pay a sum of Rs.16,37,500/- as compensation to the appellants.
4.Not being satisfied with the amounts awarded by the Tribunal, the appellants have come out with the present appeal seeking enhancement of compensation.
5.The learned counsel appearing for the appellants contended that the deceased was aged 49 years at the time of accident, he was working as a Mason and was earning a sum of Rs.25,000/- per month. The Tribunal without considering the same, fixed only a meagre sum of Rs.10,000/- per month as notional income of the deceased. The Tribunal has granted only 3/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2207 of 2021 25% enhancement towards future prospects. The amounts awarded by the Tribunal under different heads are meagre and prayed for enhancement of compensation.
6.Per contra, the learned counsel appearing for the 2nd respondent/Insurance Company contended that the appellants have not filed any document with regard to avocation and income of the deceased. In the absence of any material with regard to avocation and income of the deceased, the Tribunal fixed a sum of Rs.10,000/- per month as notional income of the deceased, which is excessive. The Tribunal after considering all the materials on record, awarded compensation, which is not meagre. The appellants have not made out any case for enhancement of compensation and prayed for dismissal of the appeal.
7.Heard the learned counsel appearing for the appellants as well as the learned counsel appearing for the respondents and perused the entire materials available on record.
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8.It is the contention of the appellants that the deceased was working as a Mason at the time of accident and was earning a sum of Rs.25,000/- per month. The appellants have not filed any document and proved the said contention. The Tribunal in the absence of any evidence with regard to avocation and income of the deceased, fixed a sum of Rs.10,000/- per month as notional income of the deceased. The accident is of the year 2017 and the notional income fixed by the Tribunal is meagre. Considering the age and nature of work done by the deceased, a sum of Rs.12,000/- per month is fixed as notional income of the deceased. As per Exs.P3 and P18/Death certificate and Post-mortem certificate, the deceased was aged 50 years at the time of accident. The Tribunal, following the judgments of the Hon'ble Apex Court reported in 2017 (2) TN MAC 609 (SC) [National Insurance Co. Ltd., Vs. Pranay Sethi and others] and 2009 (2) TNMAC 1 SC (Sarla Verma and others vs. Delhi Transport Corporation and another), has rightly granted 25% enhancement towards future prospects and applied multiplier '13'. There are five dependants of the deceased and the Tribunal has rightly deducted 1/4th towards personal expenses. Thus, by fixing Rs.12,000/- as monthly income of the deceased, the compensation awarded 5/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2207 of 2021 by the Tribunal towards loss of dependency is modified to Rs.17,55,000/- (Rs.12,000/- + 3000 [Rs.12,000/- X 25%] X 12 X 13 X 3/4). The amounts awarded by the Tribunal under all other heads are just and reasonable and hence, the same are hereby confirmed. Thus, the compensation awarded by the Tribunal is modified as follows:
S.No Description Amount Amount awarded Award
awarded by by this Court confirmed or
Tribunal (Rs) enhanced or
(Rs) granted or
reduced
1. Loss of 14,62,500 17,55,000 Enhanced
dependency
2. Loss of 40,000 40,000 Confirmed
consortium
3. Loss of love 1,00,000 1,00,000 Confirmed
and affection
4. Loss of estate 15,000 15,000 Confirmed
5. Transportation 5,000 5,000 Confirmed
6. Funeral 15,000 15,000 Confirmed
expenses
Total 16,37,500 19,30,000 Enhanced by
Rs.2,92,500/-
9.In the result, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.16,37,500/- is hereby 6/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2207 of 2021 enhanced to Rs.19,30,000/- together with interest at the rate of 7.5% per annum from the date of petition till the date of deposit. The 2nd respondent/Insurance Company is directed to deposit the award amount now determined by this Court along with interest and costs, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit, the appellants are permitted to withdraw their respective share of the award amount now determined by this Court, as per the apportionment fixed by the Tribunal, along with proportionate interest and costs, less the amount if any, already withdrawn. The appellants are directed to pay the necessary Court fee on the enhanced award amount as per the order of this Court dated 29.07.2021 made in C.M.P.No.11131 of 2021 in C.M.A.SR.No.60651 of 2021. No costs.
(V.M.V., J) (V.S.G.,J) 05.09.2022 Index : Yes / No kj 7/8 https://www.mhc.tn.gov.in/judis C.M.A.No.2207 of 2021 V.M.VELUMANI,J.
and V.SIVAGNANAM,J.
kj To
1.Special Subordinate Judge Motor Accident Claims Tribunal I Small Causes Court, Chennai.
2.The Section Officer VR Section High Court Madras.
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