CMA No. 2357 / 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Civil Miscellaneous Appeal No. 2357 of 2023
1.Sheela
2.Minor Mithran
3.Mageswari
(Minor 2nd appellant rep., by mother guardian
NF Sheela the 1st petitioner herein) ... Appellants
Versus
1.K. Gunasekaran
2.The Divisional Manager,
United India Insurance Company Ltd.,
No.13A, Nethaji Road,
Cuddalore – 607 001. ... Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 173 of the
Motor Vehicles Act, 1988 against the Judgment and Decree in M.C.O.P.
No. 1367 of 2020 dated 28.02.2023 on the file of the Motor Accident
Claims Tribunal / I Additional District & Sessions Judge (FAC)
Cuddalore.
For Appellants : Ms. N. Keerthana for
Ms. Ramya V. Rao.
For Respondents : Mrs. R. Sreevidhya for R2.
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CMA No. 2357 / 2023
R1 – Dispensed with.
JUDGMENT
The claimants have preferred the instant appeal seeking enhancement of compensation in the award passed by the Tribunal in M.C.O.P. No. 1367 of 2020 dated 28.02.2023.
2.The appellants filed the claim petition stating that on 19.10.2020 at about 13 hrs, while the deceased was riding a two wheeler in a public road, the bus belonging to the first respondent and insured with the second respondent came in a rash and negligent manner and dashed against the two wheeler, as a result of which the deceased sustained fatal injuries.
3.The first respondent remained ex parte before the Tribunal.
4.The second respondent filed a counter stating that the accident took place only due to the negligence of the deceased; and that in any case, the compensation claimed was excessive and prayed for dismissal of the appeal.
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5.The appellants examined PW1 to PW3 and marked Ex.P.1 to Ex.P.20. The second respondent neither examined any witness nor marked any document.
6.The Tribunal after taking into consideration the oral and documentary evidence held that the accident took place due to the negligence of the driver of the bus insured with the second respondent and directed the second respondent to pay a compensation of Rs.26,95,000/- to the appellants.
7.The learned counsel for the appellants submitted that the award of compensation requires enhancement since the Tribunal fixed a very low notional income of Rs.15,000/-, though the appellants had established the fact that the deceased was working as Potter (clay utensil and toys manufacturing) and hence, prayed for enhancement.
8.Notice to the first respondent has been dispensed with by order of this Court dated 30.08.2023.
9.The learned counsel for the second respondent, per contra, https://www.mhc.tn.gov.in/judis 3/7 CMA No. 2357 / 2023 submitted that the compensation awarded by the Tribunal is just and reasonable in the absence of any evidence to prove either the avocation or income of the deceased and hence prayed for dismissal of the appeal.
10.The only question that arises for consideration in the instant appeal is whether the compensation awarded by the Tribunal is just and reasonable.
11.On perusal of the records, it is seen that the appellants had examined PW1, wife of the deceased to prove the avocation of the deceased. The appellants had also marked Ex.P.20 salary certificate issued by the employer of the deceased who was running a handcraft centre. However, it is seen that no other document such as Bank Statement have been filed to corroborate the evidence of PW3, employer of the deceased. Therefore, the Tribunal was right in fixing the notional income. However, this Court is of the view that considering the age, avocation and the year of the accident, it would be just and reasonable to fix the notional income at Rs.17,000/-. Since the deceased was aged 37 years at the time of the accident, the appellants are entitled to 40% enhancement towards future prospects and the multiplier applicable is https://www.mhc.tn.gov.in/judis 4/7 CMA No. 2357 / 2023
15. Therefore, the compensation under the head loss of income would be Rs.17,000 + Rs.6,800 (40% of Rs.17,000) = Rs.23,800 X 12 X 15 X 2/3 (1/3 deducted towards personal expenses) = Rs.28,56,000/-. The award under the other heads are just and the same are confirmed. Thus, the award of the Tribunal is modified as follows;
S. Description Amount Amount Award
No awarded awarded confirmed or
by by this enhanced or
Tribunal Court (Rs) granted
(Rs)
1. Loss of income 25,20,000 28,56,000 Enhanced
2. Loss of spousal 44,000 44,000 Confirmed
consortium
3. Loss of parental 44,000 44,000 Confirmed
consortium
4. Loss of filial 44,000 44,000 Confirmed
consortium
5. Loss of estate and 33,000 33,000 Confirmed
funeral expenses
6. Transportation charges 10,000 10,000 Confirmed
Total 26,95,000 30,31,000 Enhanced by
Rs.3,36,000/-
12.With the above modification, this Civil Miscellaneous Appeal is partly allowed and the compensation awarded by the Tribunal at Rs.26,95,000/- is hereby enhanced to Rs.30,31,000/- together with https://www.mhc.tn.gov.in/judis 5/7 CMA No. 2357 / 2023 interest at 7.5% per annum (excluding the default period if any) from the date of petition till the date of deposit. The second respondent is directed to deposit the award amount now determined by this Court along with proportionate interest and costs, less the amount already deposited, if any, within a period of six (6) weeks from the date of a receipt of copy of this Judgment. On such deposit, the appellants 1 and 3 are permitted to withdraw their respective shares of the award amount along with proportionate interest and costs, less the amount if any, already withdrawn, as per the apportionment fixed by the Tribunal. The share of the minor second appellant is directed to be deposited in any of the nationalized bank in a interest bearing Fixed Deposit till he attains majority and the first appellant is permitted to withdraw the accrued interest once in every six months. The appellants are directed to pay the necessary Court fee if any on the enhanced award amount. No costs.
27.09.2023 ay Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No SUNDER MOHAN, J https://www.mhc.tn.gov.in/judis 6/7 CMA No. 2357 / 2023 ay To
1.The Motor Accident Claims Tribunal, I Additional District & Sessions Judge (FAC), Cuddalore.
2.The Section Officer, V.R. Section, High Court of Madras, Chennai.
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