C.M.A.No.3085 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.M.A.No.3085 of 2013
Kolanchi ... Appellant / 1st petitioner
Vs
1.S.Chandirasekar
2.The Branch Manager
The National Insurance Co.Ltd.,
Branch 1,
No.35, Promnate Road
Cantonment
Trichy
Trichy District.
3.Kundumani
4.Rajagantham ... Respondents 1 to 4 /
Respondents 1, 2, Petitioners 2 & 3
Prayer : Civil Miscellaneous Appeal filed under Section 173 of the Motor
Vehicles Act, 1988 against the judgment and award dated 30.09.2011
passed in M.C.O.P.No.85 of 2008 on the file of the Motor Accident Claims
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https://www.mhc.tn.gov.in/judis
C.M.A.No.3085 of 2013
Tribunal (Sub Court), Perambalur, insofar as the same are against the
appellant, and for enhancement of compensation.
For Appellant : Mr.P.Mani
For Respondents : Mr.D.Bhaskaran [R2]
JUDGMENT
The 1st petitioner before the Motor Accident Claims Tribunal, Perambalur in M.A.C.T.O.P.No.85 of 2008 are the appellants before this Court seeking enhancement of the Award passed in the above claim petition.
2. The parties, for ease of understanding, are referred to in the same ranking as before the Tribunal.
3. The petitioners are the son and daughters of one Palaniammal, who had died in a road accident on 29.03.2006. The petitioners would submit that their mother who was aged 62 years at the time of the accident was an agricultural coolie, earning a monthly income of Rs.2,000/-. On the 2/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3085 of 2013 said date, when she was walking on the road in a West-East direction, the lorry belonging to the first respondent and insured with the second respondent, bearing Registration No.TN 30 K 7231, which was driven in a rash and negligent manner hit the deceased pedestrian from the rear causing her death.
4. The petitioners had claimed a sum of Rs.2,00,000/- as compensation. The first respondent remained ex-parte and it was the second respondent-Insurance Company, which has contested the claim. They had denied the manner of accident, age, income and compensation claimed by the petitioners. They would also allege negligence on the part of the deceased pedestrian.
5. The Tribunal below, after considering the evidence on record, held that the accident had occurred only on account of the rash and negligent driving by the driver of the first respondent's lorry.
6. With reference to the quantum, the Tribunal below had adopted 3/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3085 of 2013 a notional income of Rs.1,500/- and had awarded a sum of Rs.78,000/- as compensation. The petitioners would challenge the same on the ground that the Award was highly disproportionate and requested for enhancement of the same.
7. Heard the learned counsel for the appellant and the learned counsel for the second respondent-Insurance Company and perused the materials on record.
8. The accident had occurred in the year 2006. The deceased was admittedly aged about 62 years and working as a coolie, there is no proof to substantiate the said claim. However, it can be safely concluded that as a coolie, she would have earned minimum sum of Rs.2,000/- per month and that her annual income would work out to a sum of Rs.24,000/-, from this 1/3 has to be deducted towards her personal expenses and therefore, the contribution to the family would be a sum of Rs.16,000/- per year. She had died at the age of 62 years and therefore, the appropriate multiplier that is to 4/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3085 of 2013 be adopted is 5. Therefore, under the head of loss of income, the amount would be a sum of Rs.80,000/-[Rs.16,000 x 5]. The petitioners are all married and not in anyway dependent on their mother. The loss of love and affection is enhanced to a sum of Rs.20,000/- as against a sum of Rs.12,000/- granted by the Tribunal. Therefore, the re-worked compensation would be as follows:-
Heads Amount by the Amount
Tribunal Awarded by this
in Rs. Court
in Rs.
Loss of income 60,000 80,000
(12,000 x 5) (16,000 x 5)
Funeral Expenses 3,000 3,000
Loss of Amenities 3,000 3,000
Loss of love and affection 12,000 20,000
Total 78,000 1,06,000
9. The appeal is partly allowed and the Award of the Tribunal is modified, enhancing the compensation amount from Rs.78,000/- to Rs.1,06,000/-. The second respondent-Insurance Company is directed to deposit the said amount to the credit of M.C.O.P.No.85 of 2008 along with interest (except for the period from 14.10.2008 to 30.06.2011) at the rate 5/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3085 of 2013 of 7.5% per annum from the date of claim petition till the date of deposit and costs as awarded by the Tribunal, less, the amount, if any already deposited, within a period of six weeks from the date of receipt of a copy of this judgment. On such deposit being made, the claimants are permitted to withdraw the award amount, along with accrued proportionate interest and costs as awarded by the Tribunal, less, the amount, if any already withdrawn, by filing necessary application before the Tribunal. The claimants are directed to pay the Court fee for the enhanced compensation amount, if required. The Tribunal below shall not disburse the enhanced amount till such time as the certified copy showing proof of payment of Court fee has been produced by the claimants. In other respects, the Award of the Tribunal is hereby confirmed. There shall be no order as to costs in the present appeal.
14.09.2022 Index : Yes / No Speaking order / Non-speaking order srn To:
6/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3085 of 2013
1.The Subordinate Judge Motor Accident Claims Tribunal Perambalur.
2.The Section Officer V.R.Section, High Court, Madras.
7/8 https://www.mhc.tn.gov.in/judis C.M.A.No.3085 of 2013 P.T.ASHA, J., srn C.M.A.No.3085 of 2013 14.09.2022 8/8 https://www.mhc.tn.gov.in/judis